SB 624 — Home health workers providing agency-directed services; employer to provide paid sick leave, clause.

SESSION INTRODUCEDENGROSSED 22103398D I SENATE BILL NO.

624 NSenate OfferedAmendments Januaryin [ ] - February 14, 2022 A BhealthBILL workersto providingamend agency-directedand services.freenact § 40.1-33.3 of the Code of Virginia, relating to paid sick leave;

hTmehome ––––––––––health Rworkers Patrons––Favola,providing Boyskoagency-direct––––––––––s. and McClellan –––––––––– O Referred to Committee on Commerce and Labor D –––––––––– Be it enacted by the General Assembly of Virginia:

UPatron 1.Prior to Engrossment––Senator Favola and McClellan –––––––––– Referred to Committee on Commerce and Labor E –––––––––– Be it enacted by the General Assembly of Virginia:

§N 40.1-33.3.1.

Definitions.odeThat § 40.1-33.3 of the Code of Virginia is amended and reenacted as follows:

CG As§ used40.1-33.3. in this article, unless the context requires a different meaning:

EDefinitions. "Employee" means a home health worker who works on average at least 20 hours per week or 90 hours per month.

"Employee" means a home health worker who works on average at least 20 hours per week or 90 R hours per month.

"Employer" has the same meaning as provided in § 40.1-2 except that, notwithstanding the proSisions of § 40.1-2.1, "employer" includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.

"Employer" does not include any agency of the federal or government.

1.D the employee stands in loco parentis, or individual to whom an employee stood in loco parentis whento whom the individual was a minor;

Regardless2. of age, a biological child, adopted or foster child, stepchild, legal ward, chSld to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis 6hen the individual was a minor;

4A 2.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;

A3. biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee or an employee's spouse was a minor child;

stood in loco parentis to an employee when the employee or 3.

A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or stepstepBrelationship, relationship, of an employee or the employee's spouse;

5.6 helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment;

An individual for whom an employee is responsible for providing or arranging care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment;

Any other individual related by blood or affinity whose close association with an employee is the :equivalent of a family relationship.

35"Home equ"Home health worker" means an individual who provides personal care, respite, or companion 3635 services to an individual who receives consumer-directed services or agency-directed services under the /36 37 state plan for medical assistance services.

/37 38 "Paid sick leave" means leave that is compensated at the same hourly rate and with the same 3938 benefits, including health care benefits, as an employee normally earns during hours worked and is providedhourly byrate anshall employernot tobe anless employeethan for the purposesminimum describedwage amount set forth in § 40.1-33.5;40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.

however,[ such2. 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.

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.