Paid family and medical leave program; Virginia Employment Commission required to establish.
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SB 1101 — Paid family and medical leave program; Virginia Employment Commission required to establish.
Last action — Left in Commerce and Energy
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2023 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
141 added · 134 removedPlain-language change summary
The latest version of Bill SB 1101 includes some changes to the definitions of who can qualify for the family and medical leave insurance program. Most notably, the phrase "financing through payroll taxes" was clarified, reinforcing how the program will be funded. Additionally, the criteria for defining a "covered individual" were simplified to enhance understanding and accessibility for potential applicants. These changes are important as they aim to ensure that more people can benefit from the program while clearly outlining how it will be financially supported.
SESSION INTRODUCEDENGROSSED 23100632D I SENATE BILL NO.
1101 OfferedSenate JanuaryAmendments 11,in 2023[ N] - February 6, 2023 Prefiled January 9, 2023 T A BsectionsBILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 8, consisting of sections numbered 60.2-800 through 60.2-820, relating to the establishment of family and medRcalmedical leave insurance program;
financing throughthr––––––––––ll payroll taxes.
––––––––––Patrons OPrior Patrons––Boysko,to Engrossment––Senators Boysko, Hashmi, Lucas, McClellan, Deeds, Edwards, Locke, McPike, Morrissey,Morrissey Rouse and D Surovell;
Shin and Williams Graves E –––––––––– UN Referred to Committee on Commerce and Labor C –––––––––– 1.G Be it enacted by the General Assembly of Virginia:
R 1.
DO CHAPTERPAID 8.FAMILY AND MEDICAL LEAVE PROGRAM.
PAIDS FAMILY§ AND60.2-800. MEDICAL LEAVE PROGRAM.
§ 60.2-800.
S As used in this chapter, unless the context requires a different meaning:
theD United"Armed States,Forces" ormeans the VirginiaArmed NationalForces Guard.itedof the United States, the Reserves of the Armed Forces of "Child"the includesUnited aStates, childor ofthe anyVirginia age,National includingGuard. an adult child.
B"Child" "Coveredincludes individual"a meanschild of any individualage, who:including an adult child.
1"Covered 1.individual" means any individual who:
1.
1b. a.
MeetsIs theself-employed, monetaryelects eligibilitycoverage, criteriaand setmeets forththe inrequirements subdivision 1 of § 60.2-612;60.2-813;-612;
or b.2.
Is self-employed, elects coverage, and meets the requirements of § 60.2-813;
2.
and S 3.
B "Covered service member" means either (i) a member of the Armed Forces who is (a) undergoing1 medical treatment, recuperation, or therapy;
or (c) otherwiseotherwi1e on the temporary disability retired list for a serious injury or illness that was incurred by the member in the line of duty while on active duty in the Armed Forces, or a serious injury or illness that existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on :34 active duty in the Armed Forces, or (ii) a former member of the Armed Forces who is undergoing 36 member in the line of duty while on active duty in the Armed Forces, or a serious injury or illness that 37 existed before the beginning of the member's active duty and was aggravated by service in the line of 38 duty while on active duty in the Armed Forces and manifested before or after the member was discharged or released from service.
34 active duty in the Armed Forces, or (ii) a former member of the Armed Forces who is undergoing 35 medical treatment, recuperation, or therapy for a serious injury or illness that was incurred by the / 36 member in the line of duty while on active duty in the Armed Forces, or a serious injury or illness that 37 existed before the beginning of the member's active duty and was aggravated by service in the line of discharged or released from service.ed Forces and manifested before or after the member was "Domestic partner" is a person not less than 18 years of age who (i) is dependent upon the covered individual for support as shown by either unilateral dependence or mutual interdependence that is evidenced by a nexus of factors, including but not limited to (a) common ownership of real or personal property, (b) common householding, (c) children in common, (d) signs of intent to marry, (e) shared budgeting, and (f) the length of the personal relationship with the covered individual, or (ii) has registered as the domestic partner of the covered individual with any registry of domestic partnerships maintained by the employer of either party, or in any state, county, city, town, or village in the United Sta"Employer"States. includes the Commonwealth and all agencies and political subdivisions, including school boards, thereof.
"Employer" includes the Commonwealth and all agencies and political subdivisions, including school boards, thereof.
2.covered individual's spouse or domestic partner, or a person who stood in loco parentis when theidual or a covered individual or the covered individual's spouse or domestic partner was a minor child;
ASB1101E biological,2 adoptive, or foster parent, stepparent, or legal guardian of a8 covered3. individual or a covered individual or the covered individual's spouse or domestic partner was a minor child;
the SB1101 2 of 8 3.
I § 60.2-804.
NA. the administration of the family and medical leave insurance program.he payment of benefits under and B.
BeginningPayroll oncontributions Januaryshall 1,be 2025,authorized forin eachorder employee, an employer shall remit to finance the Fundpayment Tof contributionsbenefits inunder the form and mannertheB. determined by the Commission.
Beginning inon 2024January and1, annualRy2025, thereafter,for theeach Commissioner,employee, notan lateremployer than October 1, shall fixremit theto contribution rate for the comingFund calendarcontributions year in the mannerform describedand inmanner thisdetermined subsection,by taking into account the reimbursementOCommission. requirement provided for in subsection D of §60.2-816.
ForBeginning calendarin years2024 2025 and 2026,annually thereafter, the DCommissioner, Commissionernot later than October 1, shall dofix sothe basedcontribution onrate soundfor actuarialthe principles.coming calendar year in the manner described in this subsection, taking into account the reimbursement requirement provided for in subsection D of § 60.2-816.
For calendar yearyears 20272025 and thereafter,2026, the1.the E Commissioner shall do so based on sound actuarial principles.
TheFor totalcalendar amountyear of2027 family and medicalthereafter, leavethe insuranceCommissioner benefitsshall paidfirst bycertify theand Commissionpublish during the previousfollowing fiscalinformation: year;
CN 2.1.
The total amount of family and medical leave insurance benefits paid by the Commission duGing the2.
E 3.
The amount by which the total amount remaining in the Fund at the close of the previous fiscal year is less than or greater than 140 percent of the previous fiscal year's expenditure for famSly and medical leave insurance benefits paid and for the administration of the family and medical leavelyleave and insurance program;
and 5.E maintain or achieve an annualized amount of not less than 140 percent of the previous fiscal year's expenditure for family and medical leave insurance benefits paid and for the administration of the family and medical leave insurance program.
The amount by which the contribution rate shalladjustment, beif adjustedany, tomade ensureas that the Fundresult shallof maintainthe orCommissioner's achievecertification anand annualizedreport amountunder ofthis notsubsection lessshall thansupersede 140 percent of the previousrate fiscalpreviously year'sset expenditureforth for family and medicalshall leavebecome insuranceeffective benefitson paidJanuary and1 forof the administrationfollowing ofcalendar Sheyear. family and medical leave insurance program.
Show all 127 changed lines (87 more)
TheC. contribution rate adjustment, if any, made as t1e result of the Commissioner's certification and report under this subsection shall supersede the0rate preC.
D.B such lesser percentage as may be agreed upon by the employer and employee, of the contribution 1r required for the employee by subsection B and (ii) remit the full contribution required under subsection B to the Commission for deposit in the Fund.
EachE employerE. shall (i) deduct from each employee's wages an amount equal to 50 percent, or such lesser percentage as may be agreed upon by the employer and employee, of the contribution required for the employee by subsection B and (ii) remit the full contribution required under subsection B to the Commission for deposit in the Fund.
Contributions under this section shall not be required for an employee's wages or an individual's income from self-employment above the contribution and benefit base limit established annually by the'sthe federal Social Security Administration for purposes of the Federal Old-Age, Survivors, and Disability Insurance Benefits program limits pursuant to 42 U.S.C.
A.and medical leave on an intermittent or reduced leave schedule in which all of the leave authorized family under this chapter is not taken sequentially.
AFamily covered individual shall be entitled, at the option of the covered individual, to take paid family and medical leave oninsurance anbenefits for intermittent or reduced leave scheduleschedules inshall whichbe allprorated. of the leave authorized under this chapter is not taken sequentially.
Family and medical leave insurance benefits for intermittent or B.
Paid family and medical leave taken under this section shall not result in a reduction of the total amount of leave to which an employee is entitled beyond the amountamoC. of leave actually taken.
C.Nothing in this section shall be construed to entitle a covered individual to more leave than required under § 60.2-802.
Nothing§ in this section shall be construed to entitle a covered individual to more leave than req§ 60.2-806.
Any covered individual who exercises the covered individual's right to family and medical leave insurance benefits shall, upon the expiration of that leave, be entitled to be restored by the employer to the position held by the covered individual when the leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including fringe benefits and service credits, that the covered individual had been entitled to at the commencement of leave.B.
During any leave taken pursuant to § 60.2-801, the employer shall maintain any health care benefits the covered individual had prior to taking such leave for the duration of the leave as if the SB1101SB1101E 4 of 8 covered individual had continued in employment continuously from the date such individual commenced the leave until the date the family and medical leave insurance benefits terminate;
[ An action to recover the damages or equitable relief prescribed in subsection C may be maintained against any employer, including a public agency, in any federal or state court of competent jurisdiction by any one or more employees for and on behalf of the employees or the employees and other employees similarly situated.
] The court in [ such ] an action [ to recover the damages or equitable relief prescribed in subsection C ] shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
[ F.
E.
] Except as provided in subsection [ G F ] , an action may be brought for a violation of this section or § 60.2-807 not later than two years after the date of the last event constituting the alleged violation for which the action is brought.
[ G.
Except] asIn providedthe incase subsectionof G,such an action may be brought for a willful violation of this section or § 60.2-80760.2-807, notsuch lateraction thanmay twobe brought within three years afterof the date of the last event constituting the alleged violation for which thesuch action is brought.
G.
In the case of such action brought for a willful violation of this section or § 60.2-807, such action may be brought within three years of the date of the last event constituting the alleged violation for which such action is brought.
This section shall be enforced as provided in subsections C through [ G F ] of § 60.2-806.
This chapter does not diminish an employer's obligation to comply with any of the followiIgfollowing that provide more generous leave:
N1. 2.
AnA employercollective policy;bargaining agreement;
org agreement;
Any law.law.yer policy;
Tor D.
An individual's right to leave under this chapter may not be diminished by a collective bRrgainingbargaining agreement entered into or renewed, or an employer policy adopted or retained, after January 1, 2024.
DE § 60.2-809.
uponA. hiring and annually thereafter.
AnEach employer shall also provide such written notice toas anprescribed employeein when the employee requests leave under this chaptersubsection orto wheneach theemploNee employerupon acquireshiring knowledgeand thatannually anthereafter. employee's leave may be for a qualifying reason under § 60.2-801.
SuchAn noticeemployer shall includealso (i)Etheprovide employee'ssuch rightwritten notice to familyan andeGployee medicalemployee's leave insurancemay benefitsbe underfor thisa chapterqualifying andreason the terms under which§ it60.2-801. may be used;
Such notice shall include (i) the employee's right to family and medical leave insurance benefits under this chapter and the terms under which it may be used;
(v) that discrimination and retaliatory personnel actions against a person for requesting, applying for, or using family and medical leave insurance benefits is Srohibited under § 60.2-807;
and (vi) that the employee has a right to file a complaint for violations of thisibitedthis chapter.
An employer shall also display and maintain a poster in a conspicuous place accessible to employees at the employer's place of business that contains the information required by this section in English, Spanish, and any language that is the first language spoken by at least five percent of the in employer's workforce, provided that such poster has been provided by the Commission.
The S Commissioner may adopt regulations to establish additional requirements concerning the means by1by which employers shall provide such notice.
0B. leave under this chapter.vide notice to their employers as soon as practicable of their intenti1n to take § 60.2-810.
Employees shall provide notice to their employers as soon as practicable of their intention to take leave under this chapter.
§ 60.2-810.
The Commissioner shall establish a system for appeals in the case of a denial of family aBd procedures and medicalappeals leavemechanisms insuranceestablished benefits.under this title.the Commissioner may utilize any1and all B.
InJudicial establishingreview suchof system,any thedecision Commissionerwith mayrespect utilizeto anyfamily and allmedical proceduresleave andinsurance appealsbenefits mechanismsshall be permitted in a court of competent jurisdiction after a party aggrieved thereby has exhausted all administrative remedies established underby thisthe title.Commissioner.
B.C.
Judicial review of any decision with respect to family and medical leave insurance benefits shall be permitted in a court of competent jurisdiction after a party aggrieved thereby has exhausted all admC.
Contributions under § 60.2-804 unpaid on the date on which they are due and payable, as prescribed by the Commissioner under this chapter, shall bear interest at the rate of one and one-half percent per month from and after such date until payment plus accrued interest is received by thethe-half Commission.
An employer who forfails theto interesttimely dueremit undera thiscontribution section.anyor any portion thereof under § 60.2-804 shall be solely responsible B.for the interest due under this section.
B.
Civil actions brought under this article to collect contributions or interest or any penalty from an employer shall be heard by the court at the earliest possiblecorporation date.or partnership in his individual, personal capacity when that person willfully fails to cause the employer to pay the appropriate contributions or interest and he had the authority to do so.
SuchNo civil actions may be brought against any officer, employee, or agent of a corporation or partnership in his individual, personal capacity when that person willfully fails to cause person shall be subject to this section unless it is proved (i) that such person had knowledge of the failure or attempt to make such payment and (ii) that such person had authority to prevent such failure or attempt.
The Commissioner is authorized to compromise, settle, and adjust any contributions, including interest, or any penalty assessed against any employer where in the judgment of the Commissioner the bestaccept interestsin full settlement of the Commonwealthcontributions willassessed bean promotedamount orless served.than that assessed.h cases C.
TheWhen Commissioneran unsatisfied execution has been returned by an officer, and the employer against whom SB1101E 6 of 8 the judgment has been obtained on which the execution was issued continues in default of payment of contributions, or any portion thereof, such employer may be enjoined from operating and doing business in the Commonwealth until such casescontributions accC.have been paid.
When an unsatisfied execution has been returned by an officer, and the employer against whom SB1101 6 of 8 the judgment has been obtained on which the execution was issued continues in default of payment of contributions, or any portion thereof, such employer may be enjoined from operating and doing business in the Commonwealth until such contributions have been paid.
I 7.
Any medical or health information required under this section shall be confidential and sNallshall not otherwisebe requireddisclosed byexcept law.with permission from the covered individual who provided it unless disclosure is provide as certification any information from a health care provider that would be in violation ofual to § 32.1-127.1:03, § 1177 of the Social Security Act, 42 U.S.C.
Nothing§ in1320d-6, thisor sectionthe shallregulations bepromulgated construedunder to§ require264(c) aof coveredthe individualHealth toInsurance providePortability asand certificationAccountability anyAct information from a health care provider that would be in violation of §1996, 32.1-127.1:03,P.L. § 1177 of the Social Security Act, 42 U.S.C.
§ 1320d-6, or the regulations proRulgated under § 264(c) of the Health Insurance Portability and Accountability Act of 1996, P.L.
The Commission shall notify the employer within five business days of a claim being filedOfiled pursuant to this chapter.
DE D.
The Commission shall use information sharing and integration technology to facilitate the disE.disclosure of relevant information or records provided an individual consents to the disclosureN E.
Information contained in the files and records pertaining to an individual under this chapterchaGter are confidential and not open to public inspection, other than to public employees in the performance of their official duties.
However, the individual or an authorized representative of an individualEmayindividual may review the records or receive specific information from the records upon the presentation of the individual's signed authorization.
DO F.
S If the Internal Revenue Service determines that family and medical leave insurance benefits Snder this chapter are subject to federal income tax, the Commission shall advise an individual filing a new claim for family and medical leave insurance benefits, at the time of filing such claim, that:
1.E 2.
TheRequirements Internalexist Revenuepertaining Serviceto hasestimated determinedtax thatpayments;s benefits are subject to federal income tax;tDx;
2.
Requirements exist pertaining to estimated tax payments;
The individual may elect to have federal income tax deducted and withheld from the indiviSual'sindividual's payment of benefits in the amount specified in the federal Internal Revenue Code;
and 1 4.
0§ reimbursement.60.2-816.
1reimbursement. A.
A.
The Fund shall be established on the books of thB purposes of the Comptroller.Fund, and any gifts, donations, grants, bequests, and other funds shall be paid into the state treasury and credited to the Fund.
All payroll contributions remitted pursuant to this chapter, all funds appropriated for the purposes of the Fund, and any gifts, donations, grants, bequests, and other funds shall be paid into the state treasury and credited to the Fund.
Any moneys remaining in the Fund, including interest thereon, at the end of eacB.each fiscal year shall not revert to the general fund but shall remain in the Fund.
B.
C.to the Fund for any purpose other than purposes provided for in this section.ll contributions remitted D.
TheAny Generalmoneys Assemblyappropriated shalland notexpended appropriatefrom orthe transfergeneral anyfund for the purposes of establishing the payrollpaid contributionsfamily remittedand tomedical theleave Fundinsurance forprogram anyshall purposebe otherreimbursed thanfrom purposesthe providedFund forto inthe thisgeneral section.fund by January 1, 2027.
D.E.
Any moneys appropriated and expended from the general fund for the purposes of establishing the fund by January 1, 2027.leave insurance program shall be reimbursed from the Fund to the general E.
Beginning January 1, 2027, the Commission shall report to the General Assembly by April 1 of each year on projected and actual program participation by purpose listed in § 60.2-801, gender of beneficiary, race and ethnicity of beneficiary, age of beneficiary, amount of benefits paid to each beneficiary per week, premium rates, fund balances, outreach efforts, and, for leaves taken under subdivision 2 of § 60.2-801, family members for whom leave was taken to provide care.
taken under § 60.2-818.
In conducting and planning such campaign, theother Commissionstakeholders, shallincluding consultchambers withof thecommerce, Paidtrade Familyassociations, andnonprofit Medicalorganizations, Leave Advisory Board and work with labor unions, to develop and implement a statewide communication strategy.
The campaign shall alsondalso SB1101SB1101E 8 of 8 include targeted outreach and education for small business.
[ 3.
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 2023 by the General Assembly that becomes law.
Show all 127 changed rows (87 more)
View plain text versions (2)
- Engrossed Printed as engrossed 23100632D-E Current pdf February 06, 2023
- Prefiled Prefiled and ordered printed; offered 01/11/23 23100632D pdf January 09, 2023
Action History
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Left in Commerce and Energy
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Subcommittee recommends laying on the table (4-Y 2-N)
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Assigned sub: Special Subcommittee #5
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Referred to Committee on Commerce and Energy
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB1101E)
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Read third time and passed Senate (22-Y 18-N)
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Printed as engrossed 23100632D-E
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Engrossed by Senate as amended SB1101E
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Finance and Appropriations Committee amendments agreed to
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Reading of amendments waived
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Commerce and Labor Committee amendments rejected
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Read second time
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Constitutional reading dispensed (38-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Reported from Finance and Appropriations with amendments (11-Y 5-N)
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Impact statement from DPB (SB1101)
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Rereferred to Finance and Appropriations
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Reported from Commerce and Labor with amendments (11-Y 4-N)
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Senate committee, floor amendments and substitutes offered
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Senate committee, floor amendments and substitutes offered
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/11/23 23100632D
Sponsors
- Jennifer B. Boysko · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"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.
Votes
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Subjects
Frequently asked questions
- Who sponsors SB 1101?
- SB 1101 is sponsored by Jennifer B. Boysko.
- What is the current status of SB 1101?
- This bill died with 2023 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 1101?
- Track SB 1101 free on One Click Politics — get push/email alerts when it moves.
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