Virginia 2022 Regular Session Status: Passed Senate

SB 352 — Health care providers and grocery store workers, etc.; employers to provide paid sick leave, clause.

Last action — Left in Commerce and Energy

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2022. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2023. The provisions of the bill are contingent on funding in a general appropriation act.

Bill Text

What changed in the latest version

41 added · 35 removed

Plain-language change summary

The amendment to SB 352 clarifies the definitions of "employee" and "grocery store worker." Specifically, the definition of "employee" now excludes individuals who work, on average, no more than 30 hours per month, and it more clearly identifies "grocery store worker" as someone engaged primarily in retail food sales. This matters because it establishes specific criteria for who qualifies for protections or benefits related to paid sick leave under the bill.

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SESSION SENATE SUBSTITUTE 22106064D SENATE BILL NO.
SESSION ENGROSSED 22106064D SENATE BILL NO.
352 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Commerce and Labor on February 7, 2022) (Patron Prior to Substitute––Senator Surovell) A BILL to amend and reenact §§ 40.1-33.3 and 40.1-33.4 of the Code of Virginia, relating to paid sick Be it enacted by the General Assembly of Virginia:kers;
352 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Commerce and Labor) (Patron Prior to Substitute––Senator Surovell) Senate Amendments in [ ] - February 14, 2022 A Bleave;
health care providers and grocery store workers;
to paid sick Be it enacted by the General Assembly of Virginia:
As used in this article, unless the context requires a different meaning:
N As used in this article, unless the context requires a different meaning:
"Employee" means a an individual who works as a (i) home health worker who works on average at "Employee" does not include an individual who (i) is licensed, registered, or certified by a healthrker.
"Employee" means a an individual who works as a (i) home health worker who works on average at least 20 hours per week or 90 hours per month, (ii) health care provider, or (iii) grocery storR worker.
regulatory board within the Department of Health Professions;
"Employee" does not include an individual who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions;
(ii) is employed by a hospital licensed by the Department of Health;
(ii) is employed by a hospital licensed by the"Employer" has the same meaning as provided in § 40.1-2.
and (iii) works, on average, no more than 30 hours per month.
E "Employer" has the same meaning as provided in § 40.1-2.
N "Family member" means:
S "Family member" means:
the employee stands in loco parentis, or individual to whom an employee stood in loco parentis whento whom the individual was a minor;
1.
T 2.
Regardless of age, a biological child, adopted or foster child, stepchild, legal ward, child to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis Dhen the individual was a minor;
A biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee or an employee's spouse, or individual who stood in loco parentis to an employee when the employee orE employee's spouse was a minor child;
2.
A biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee or an employee's spouse, or individual who stood in loco parentis to an employee when the employee or employee's spouse was a minor child;
An individual for whom an employee is responsible for providing or arranging care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatmentU or 6.
An individual for whom an employee is responsible for providing or arranging care, includSng helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment;
Any other individual related by blood or affinity whose close association with an employeB is the equivalent of a family relationship.
or 6.
dry goods, fresh fruits and vegetables, or fresh meats, fish, and poultry and a store employee in any area that is not separately owned within a grocery store where the food is prepared and served,T :
Any other individual related by blood or affinity whose close association with an employe5 is the equivalent of a family relationship.
36 including a bakery, deli, and meat and seafood departments.
E "Grocery store worker" means a store employee primarily engaged in the retail sale of canned1food, dry goods, fresh fruits and vegetables, or fresh meats, fish, and poultry and a store employee in any 35 area that is not separately owned within a grocery store where the food is prepared and served, 36 including a bakery, deli, and meat and seafood departments.
37 "Health care provider" has the same meaning as provided in § 8.01-581.1.
"Home health worker" means an individual who provides personal care, respite, or companion 39 services to an individual who receives consumer-directed services under the state plan for medical 40 assistance services.
I 38 "Home health worker" means an individual who provides personal care, respite, or companion T 39 services to an individual who receives consumer-directed services under the state plan for mediUal ass"Paid sick leave" means leave that is compensated at the same hourly rate and with the same benefits, including health care benefits, as an employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in § 40.1-33.5;
"Paid sick leave" means leave that is compensated at the same hourly rate and with the same benefits, including health care benefits, as an employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in § 40.1-33.5;
however, suchE hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.
however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.
A.
§ 40.1-33.4.
All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked.
Accrual of paid sick leave;
waiver for certain employees.
An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.
Anked.
employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.
§ 213(a)(1) of the S federal Fair Labor Standards Act, 29 U.S.C.
§ 213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C.
§ 201 et seq., will be assumed to work 40 hours in 3ach which case paid sick leave accrues on the basis of that normal workweek.kweek is less than 40 h2urs, in C.
§ 201 et seq., will be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual unless their normal workweek is less than 40 hours, in which case paid sick leave accrues on the basis of that normal workweek.
Paid sick leave as provided in this section shall begin to accrue at the commencement of 1 employment.
C.
An employer may provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year.
Paid sick leave as provided in this section shall begin to accrue at the commencement of employment.
D.
An employer may provide all paid sick leave that an employee is expected to accrue in a yeaD.
Any employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet the requirements of this section and that may be used for the SB352S1 2 of 2 same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy.
Any employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet the requirements of this section and that may be used for the SB352ES1 2 of 2 same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy.
[ 4.
That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2022 by the General Assembly that becomes law.
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Action History

  1. Left in Commerce and Energy

  2. Subcommittee failed to recommend reporting (2-Y 4-N)

  3. Assigned sub: Subcommittee #4

  4. Referred to Committee on Commerce and Energy

  5. Read first time

  6. Placed on Calendar

  7. Impact statement from DPB (SB352ES1)

  8. Read third time and passed Senate (21-Y 19-N)

  9. Printed as engrossed 22106064D-ES1

  10. Engrossed by Senate - committee substitute with amendment SB352ES1

  11. Committee amendment agreed to

  12. Reading of amendment waived

  13. Committee substitute agreed to 22106064D-S1

  14. Reading of substitute waived

  15. Read second time

  16. Constitutional reading dispensed (40-Y 0-N)

  17. Reported from Finance and Appropriations with amendment (13-Y 3-N)

  18. Rereferred to Finance and Appropriations

  19. Committee substitute printed 22106064D-S1

  20. Reported from Commerce and Labor with substitute (12-Y 3-N)

  21. Senate subcommittee amendments and substitutes offered

  22. Impact statement from DPB (SB352)

  23. Assigned C&L sub: Labor and Employment

  24. Referred to Committee on Commerce and Labor

  25. Prefiled and ordered printed; offered 01/12/22 22102116D

Sponsors

Sponsorship breakdown

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1 sponsors · 43 co-sponsors · 104 not signed on · 24 voted No

Sponsors (1)

Co-sponsors (43)

Not signed on (104)

104 members have not signed on to this bill.

Show all 104 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read third time and passed Senate (21-Y 19-N)

Passed 21 Yea · 19 Nay
Party YeaNayPresentNot Voting
Unaffiliated 211900
Total 211900
% of votes cast 53%48%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Nay
Bryce E. Reeves — Nay
Chase, Amanda F. — Nay
Cosgrove, John A., Jr. — Nay
David R. Suetterlein — Nay
David W. Marsden — Yea
Dunnavant, Siobhan S. — Nay
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Nay
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Nay
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Nay
Mark J. Peake — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Nay
Ruff, Frank M., Jr. — Nay
Ryan T. McDougle — Nay
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Nay
Todd E. Pillion — Nay
Vogel, Jill Holtzman — Nay
William M. Stanley, Jr. — Nay

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
T. Travis Hackworth — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations with amendment (13-Y 3-N)

Passed 13 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13300
Total 13300
% of votes cast 81%19%0%0%
How each member voted (16)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Nay
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Nay
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Reported from Commerce and Labor with substitute (12-Y 3-N)

Passed 12 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12300
Total 12300
% of votes cast 80%20%0%0%
How each member voted (15)
Member Party Vote
Spruill, Lionell, Sr. — Yea
Barker, George L. — Yea
Bell, John J. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mark D. Obenshain — Nay
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Nay
Norment, Thomas K., Jr. — Yea
R. Creigh Deeds — Yea
Saslaw, Richard L. — Nay
Scott A. Surovell — Yea

Official roll call →

Subjects

healthcare labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 352 do?
Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2022. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2023. The provisions of the bill are contingent on funding in a general appropriation act.
Who sponsors SB 352?
SB 352 is sponsored by Scott A. Surovell, Jennifer B. Boysko, Nadarius E. Clark, Jackie H. Glass, Lamont Bagby, Elizabeth B. Bennett-Parker, Betsy B. Carr, C.E. Cliff Hayes, Jr., Dan I. Helmer, Patrick A. Hope, Paul E. Krizek, Alfonso H. Lopez, Delores L. McQuinn, Candi Mundon King, Marcia S. "Cia" Price, Danica A. Roem, Don Scott, Briana D. Sewell, Irene Shin, Marcus B. Simon, Shelly A. Simonds, Richard C. "Rip" Sullivan, Jr., Luke E. Torian, Kathy K.L. Tran, Jeion A. Ward, Vivian E. Watts, Rodney T. Willett, Angelia Williams Graves, Filler-Corn, Eileen, Convirs-Fowler, Kelly K., Adams, Dawn M., Subramanyam, Suhas, Plum, Kenneth R., Murphy, Kathleen, Mullin, Michael P., Maldonado, Michelle Lopes, Kory, Kaye, Keam, Mark L., Jenkins, Clinton L., Hudson, Sally L., Guzman, Elizabeth R., Gooditis, Wendy W., Bulova, David L., and Bourne, Jeffrey M..
What is the current status of SB 352?
This bill died with 2022 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 352?
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