Virginia 2024 Regular Session Status: In Committee
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HB 348 — Employment; paid sick leave, civil penalties.

Last action — Continued to 2025 in Appropriations

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

This bill died with 2024 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Summary

Employment; paid sick leave; civil penalties. Expandsprovisions of the Code that currently require one hour of paid sick leave forevery 30 hours worked for home health workers to cover all employees of privateemployers and state and local governments. The bill requires that employees whoare employed and compensated on a fee-for-service basis accrue paid sick leavein accordance with regulations adopted by the Commissioner of Labor andIndustry. The bill provides that employees transferred to a separate divisionor location remain entitled to previously accrued paid sick leave and thatemployees retain their accrued sick leave under any successor employer. Thebill allows employers to provide a more generous paid sick leave policy thanprescribed by its provisions. Employees, in addition to using paid sick leavefor their physical or mental illness or to care for a family member, may usepaid sick leave for their need for services or relocation due to domesticabuse, sexual assault, or stalking.The bill provides that certain health care workers who work nomore than 30 hours per month may waive the right to accrue and use paid sickleave. The bill also provides that employers are not required to provide paidsick leave to certain health care workers who are employed on a pro re nata, oras-needed, basis, regardless of the number of hours worked. The bill requiresthe Commissioner to promulgate regulations regarding employee notification andemployer recordkeeping requirements.The bill authorizes the Commissioner, in the case of a knowingviolation, to subject an employer to a civil penalty not to exceed $150 for thefirst violation, $300 for the second violation, and $500 for each successiveviolation. The Commissioner may institute proceedings on behalf of an employeeto enforce compliance with the provisions of this bill. Additionally, anaggrieved employee is authorized to bring a civil action against the employerin which he may recover double the amount of any unpaid sick leave and theamount of any actual damages suffered as the result of the employer'sviolation. The bill has a delayed effective date of January 1, 2025.

Bill Text

What changed in the latest version

241 added · 244 removed

Plain-language change summary

The recent amendment to Bill HB 348 updates the definition of "employee" to include home health workers who work an average of 30 hours per month, rather than just those working a minimum of 20 hours per week or 90 hours per month. This change is important because it expands protections under the paid sick leave provisions to more workers in the healthcare field, recognizing the needs of those who work fewer hours but still provide essential services. Additionally, the amendment clarifies certain definitions related to domestic violence and family members, ensuring a more comprehensive understanding of these terms in employment contexts.

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SESSION INTRODUCED 24104467D I HOUSE BILL NO.
SESSION HOUSE SUBSTITUTE 24106956D AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on Labor and Commerce on February 1, 2024) (Patrons Prior to Substitute––Delegates Ward and Mundon King [HB 256]) A BILL to amend and reenact §§ 40.1-33.3 through 40.1-33.6 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.1 of Chapter 3 of Title 40.1 sections numbered 40.1-33.5:1, 40.1-33.5:2, and 40.1-33.6:1, relating to employment;
348 Offered January 10, 2024 N Prefiled January 5, 2024 T A BILL to amend and reenact §§ 40.1-33.3 through 40.1-33.6 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.1 of Chapter 3 of Title 40.1 sections numbered 40.1-R3.5:1, 40.1-33.5:2, and 40.1-33.6:1, relating––––––––––ment;
O Patrons––Ward, Helmer, Lopez and Hernandez;
1.
Senator:
That §§ 40.1-33.3 through 40.1-33.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 2.1 of Chapter 3 of Title 40.1 sections numbered 40.1-33.5:1, 40.1-33.5:2, and 40.1-33.6:1 as follows:
Salim –––––––––– D Referred to Committee on Labor and Commerce U –––––––––– Be it enacted by the General Assembly of Virginia:
§ 40.1-33.3.
C 1.
Definitions.
That §§ 40.1-33.3 through 40.1-33.6 of the Code of Virginia are amended and reenacted and E that the Code of Virginia is amended by adding in Article 2.1 of Chapter 3 of Title 40.1 sections numbered 40.1-33.5:1, 40.1-33.5:2, and 40.1-33.6:1 as follows:
As used in this article, unless the context requires a different meaning:
D As used in this article, unless the context requires a different meaning:
H "Domestic violence" has the same meaning as provided in subdivision 7 of § 38.2-508.
"Domestic violence" has the same meaning as provided in subdivision 7 of § 38.2-508.
O hours per month.
"Employee" means a home health worker who works on average at least 20 hours per week or 90 hours per month.
and (iii) works, on average, no more than 30 hours per month an individual describedHin 45 U.S.C.
and (iii) works, on average, no more than 30 hours per month an individual describedSin 45 U.S.C.
8 "Employer" has the same meaning as provided in § 40.1-2.
E § 40.1-2.1, "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions.
Notwithstanding the provisions of subdivisions.
"Employer" does not include any agency of the federal government.
"Employer" does not include any agency of the federal government., and political "Family member" means:
"Family member" means:
1.
S 1.
2.
B employee's spouse, or individual who stood in loco parentis to an employee when the employee orloyee or an employee's spouse was a minor child;
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 34 employee's spouse was a minor child;
S 3.
35 3.
37 of an employee or the employee's spouse;ing, whether of a biological, foster, adoptive, or step relationship, 38 5.
T 4.
An individual for whom an employee is responsible for providing or arranging health or 39 safety-related care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe following domestic violence, sexual assault, or stalking;
A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or stepIrelationship, 35 of an employee or the employee's spouse;
or 6.
36 5.
An individual for whom an employee is responsible for providing or arranging health or T 38 health treatment or ensuring the person is safe following domestic violence, sexual assault, or stalking;utic 39 or 40 6.
"Home health worker" means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical 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;
E "Home health worker" means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services.
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;
"Retaliatory action" means a denial of any benefit provided pursuant to this article;
H "Retaliatory action" means a denial of any benefit provided pursuant to this article;
any threat, discharge, suspension, demotion, or reduction of hours;
any th3eat, discharge, suspension, demotion, or reduction of hours;
or the taking of any other adverse action against an employee as a result of the employee's exercise of any paid sick leave benefits.
or the taking of any other adverse acti8n action" includes interference with or punishment for in any manner participating in or assisting anatory investigation, proceeding, or hearing under this article.
"Retaliatory action" includes interference with or punishment for in any manner participating in or assisting an inv"Sexual assault" means any act prohibited by the provisions of § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4.
1 "Sexual assault" means any act prohibited by the provisions of § 18.2-61, 18.2-67.1, 18.2-67.3, or 18.2-67.4.
HB348 2 of 5 "Stalking" means conduct prohibited by the provisions of § 18.2-60.3.
"Stalking" means conduct prohibited by the provisions of § 18.2-60.3.
A.
HB348H1 2 of 5 A.
of 5 B.
B.
WhenI possible, the request shall include the expected duration of the absence.
When possible, the request shall include the expected duration of the absence.
N provide notice of the need for such leave to the employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.
of 5 provide notice of the need for such leave to the employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.
R D.
D.
An employer that has not provided to an employee a copy of its written policy for providing such notice shall not deny paid sick leave Do the employee based on noncompliance with such a policy.
An employer that has not provided to an employee based on noncompliance with such a policy.
employee search for or find a replacement worker to cover the hours during which the employee ist an using paid sick leave.
such notice shall not deny paid sick leave to the E.
An employer shall not require, as a condition of an employee's taking paid sick leave, that an employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave.
E F.
be taken in smaller increments.used in hourly increments unless the employer allows paid sick leave to G.
Paid sick leave shall be used in hourly increments unless the employer allows paid sick leave to be taken in smaller increments.
An employer shall not require disclosure of details of health information about an employee or an employee's family member or details of domestic violence, sexual assault, or stalking, as a condition of providing paid sick leave under this article.
D G.
Unless otherwise required by law, an employer who possesses health, domestic violence, sexual assault, or stalking information about an employee or an information except to the employee or with the consent of the employee.nd shall not disclose suUh H.
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An employer shall not require disclosure of details of health information about an employee or an employee's family member or details of domestic violence, sexual assault, or stalking, as a condition of possesses health, domestic violence, sexual assault, or stalking information about an employee or an employee's family member shall treat such information as confidential and shall not disclose such information except to the employee or with the consent of the employee.
For paid sick leave of three or more consecutive work days, an employer may require reasonable documentation that the paid sick leave has been used for a purpose for which such leave is requSred to be provided as set forth in subsection A.
H.
For the use of paid sick leave related to subdivision A 1 or 2, documentation signed by a health care professional indicating that paid sick leave is necessaryEshall be related to subdivision A 3, (i) a police report indicating domestic violence, sexual assault, or stalking;
For paid sick leave of three or more consecutive work days, an employer may require reasonable documentation that the paid sick leave has been used for a purpose for which such leave is requHred to be provided as set forth in subsection A.
For the use of paid sick leave related to subdivision3A 1 or 2, documentation signed by a health care professional indicating that paid sick leave is necessary8shall be related to subdivision A 3, (i) a police report indicating domestic violence, sexual assault, or stalking;
(iii) documentation from a victim services advocate, the employee's attorney, a member of the clergy, or a health care professional that the employee is or was receiving services related to domestic violence, sexual assault, or stalking;
(iii) documentation from a victim services advocate, the employee'S attorney, a member of the clergy, or a health care professional that the employee is or was receiving services related to domestic violence, sexual assault, or stalking;
or (iv) an employee's written statement that the use of paid sick leave is for one of the purposes described in subdivision A 3 shall be considered reasonable documentation for purposes of this subsection.
or (iv) an employee's written statemUnt that the reasonable documentation for purposes of this subsection.ed in subdivision A 3 shall be consideBed § 40.1-33.5:1.
A.
Certain health care workers;
waiver;
exception.
S A.
and (iii) works, on average, no more than 30 hours per month may waive the right to accrue and use paid sick leave under the provisions of this article.
and (iii) works, on average, no more than 30 hours per month may waive the right to accrue and Ise employee and the employer.
Such waiver shall be in writing and signed by the employee and the employer.
If an employee waives his rights in accordance with this subsection, the the employer shall be deemed to have satisfied the provisions of this article with respect to such employee.
If an employee waives his rights in accordance with this subsection, the employer shall be deemed to have satisfied the provisions of this article with respect to such employee.
Notwithstanding the provisions of this article, an employer shall not be required to provide paid as-needed, basis, regardless of the number of hours worked in the month and who is (i) licensed,, or registered, or certified by a health regulatory board within the Department of Health Professions;
Notwithstanding the provisions of this article, an employer shall not be required to provide paid sick leave under the provisions of this article to any employee who is employed on a pro re natT, or as-needed, basis, regardless of the number of hours worked in the month and who is (i) licensed, employed by a facility licensed by the Department of Health;
(ii) employed by a facility licensed by the Department of Health;
or (iii) employed by the University of(ii) Virginia Medical Center or Virginia Commonwealth University Health System Authority.
or (iii) employed by the University of Virginia Medical Center or Virginia Commonwealth University Health System Authority.
and 3.
and B 3.
To ensure the confidentiality of any protected health information or information regarding domestic violence, sexual assault, or stalking that the employer possesses about an employee or an employee's family member.
To ensure the confidentiality of any protected health information or information regardin4 domestic violence, sexual assault, or stalking that the employer possesses about an employee orHan emp§ 40.1-33.6.
§ 40.1-33.6.
take other retaliatory action regarding an employee's compensation, terms, conditions, location, oryee, or HB348 4 of 5 privileges of employment, because the employee (i) has requested or exercised the benefits provided for in this article or;
1 A.
No employer shall discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment, because the employee (i) has requested or exercised the benefits provided for in this article or;
(iii) has participated in an investigation, hearing, or proceeding or cooperated with or assisted the Commissioner in investigations of any alleged violation of this article;
(iii) has participated in an investigation, hearing, or proceeding or cooperated with or assisted the Commissioner in investigations of any alleged HB348H1 4 of 5 violation of this article;
of 5 I.
I.
Civil penalties owed under this article shall be paid to the Commissioner for deposit into the civil penalties that are not contested by employers.
Civil penalties owed under this article shall be paid to the Commissioner for deposit into the general fund.
Such procedures shall include provisions for an negotiated sum in lieu of such civil penalty without admission of any civil liability arising from such alleged violation.
The Commissioner shall prescribe procedures for the payment of proposed assessments of civil penalties that are not contested by employers.
T 2.
Such procedures shall include provisions for an of 5 245employer to consent to abatement of the alleged violation and to pay a proposed civil penalty or a 247alleged violation.lieu of such civil penalty without admission of any civil liability arising from such 2482.
R O D U C E D H 8
H O U S E U B S T I T U E B H 1
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Action History

  1. Continued to 2025 in Appropriations

  2. Subcommittee recommends continuing to 2025

  3. Assigned App. sub: Health & Human Resources

  4. Impact statement from DPB (HB348)

  5. Referred to Committee on Appropriations

  6. Incorporates HB256 (Mundon King)

  7. Committee substitute printed 24106956D-H1

  8. Reported from Labor and Commerce with substitute (12-Y 10-N)

  9. Referred to Committee on Labor and Commerce

  10. Prefiled and ordered printed; offered 01/10/24 24104467D

Sponsors

Sponsorship breakdown

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1 sponsors · 4 co-sponsors · 143 not signed on · 10 voted No

Sponsors (1)

Co-sponsors (4)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"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

Reported from Labor and Commerce with substitute (12-Y 10-N)

Passed 12 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 121000
Total 121000
% of votes cast 55%45%0%0%
How each member voted (22)
Member Party Vote
Alfonso H. Lopez — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Convirs-Fowler, Kelly K. — Yea
Dan I. Helmer — Yea
Gilbert, C. Todd — Nay
Irene Shin — Yea
Israel D. O'Quinn — Nay
Jason S. Ballard — Nay
Jeion A. Ward — Yea
Joseph P. McNamara — Nay
LeVere Bolling, Destiny — Yea
Maldonado, Michelle Lopes — Yea
Marshall, Daniel W., III — Nay
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Nay
Mundon King, Candi — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Terry G. Kilgore — Nay
Tony O. Wilt — Nay
Wren M. Williams — Nay

Official roll call →

Subjects

public-safety civil-rights labor

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Frequently asked questions

What does HB 348 do?
Employment; paid sick leave; civil penalties. Expandsprovisions of the Code that currently require one hour of paid sick leave forevery 30 hours worked for home health workers to cover all employees of privateemployers and state and local governments. The bill requires that employees whoare employed and compensated on a fee-for-service basis accrue paid sick leavein accordance with regulations adopted by the Commissioner of Labor andIndustry. The bill provides that employees transferred to a separate divisionor location remain entitled to previously accrued paid sick leave and thatemployees retain their accrued sick leave under any successor employer. Thebill allows employers to provide a more generous paid sick leave policy thanprescribed by its provisions. Employees, in addition to using paid sick leavefor their physical or mental illness or to care for a family member, may usepaid sick leave for their need for services or relocation due to domesticabuse, sexual assault, or stalking.The bill provides that certain health care workers who work nomore than 30 hours per month may waive the right to accrue and use paid sickleave. The bill also provides that employers are not required to provide paidsick leave to certain health care workers who are employed on a pro re nata, oras-needed, basis, regardless of the number of hours worked. The bill requiresthe Commissioner to promulgate regulations regarding employee notification andemployer recordkeeping requirements.The bill authorizes the Commissioner, in the case of a knowingviolation, to subject an employer to a civil penalty not to exceed $150 for thefirst violation, $300 for the second violation, and $500 for each successiveviolation. The Commissioner may institute proceedings on behalf of an employeeto enforce compliance with the provisions of this bill. Additionally, anaggrieved employee is authorized to bring a civil action against the employerin which he may recover double the amount of any unpaid sick leave and theamount of any actual damages suffered as the result of the employer'sviolation. The bill has a delayed effective date of January 1, 2025.
Who sponsors HB 348?
HB 348 is sponsored by Phil M. Hernandez, Saddam Azlan Salim, Jeion A. Ward, Dan I. Helmer, and Alfonso H. Lopez.
What is the current status of HB 348?
This bill died with 2024 Regular Session. It reached “In Committee” 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 HB 348?
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