Virginia 2017 Regular Session Status: In Committee
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SB 824 — Sick leave for employees; private employers to give to each full-time employee paid sick days, etc.

Last action — Referred to Committee on Commerce and Labor

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

This bill died with 2017 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Requires private employers to give to each full-time employee paid sick days. Paid sick days would accrue at a rate of no less than one hour for every 50 hours worked in 2018 or, if an employer commences operations in 2018 or thereafter, in the employer's first year of operations. In subsequent years, paid sick days would accrue at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the ninetieth calendar day of employment. The bill would require an employer to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or the employee's family member. The bill would prohibit an employer from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements and would require the Commissioner of Labor and Industry (the Commissioner) to administer and enforce these requirements and to investigate alleged violations of these requirements. The bill would authorize the Commissioner to impose specified civil penalties for violations. The Commissioner would be authorized to bring an action to recover specified civil penalties against an offender. The Commissioner would also be able to recover attorney fees of one-third of the amount set forth in the final order or judgment. The measure would not apply to employees covered by a collective bargaining agreement that provides for paid sick days, nor would it lessen any other obligations of the employer to employees.

Bill Text

What changed in the latest version

228 added · 309 removed

Plain-language change summary

The recent amendment to Bill SB 824 changes the focus from "paid sick leave" to "paid medical leave" for employees. This shift broadens the scope of the benefits, allowing employees to take time off for a wider range of medical reasons, not just illness. Additionally, the definitions of "family member" have been clarified, which helps employees understand who they can take leave to care for. This change is important as it aims to provide better support and flexibility for workers when dealing with medical issues affecting themselves or their loved ones.

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SESSION history | hilite | pdf | print version 17100224D SENATE BILL NO.
SESSION history | hilite | pdf | print version 17105057D SENATE BILL NO.
824 Offered January 11, 2017 Prefiled November 9, 2016 A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 2.1, consisting of sections numbered 40.1-33.1 through 40.1-33.12, relating to the provision of paid sick leave to employees;
824 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Commerce and Labor on February 3, 2017) (Patron Prior to Substitute--Senator Wexton) A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 2.1, consisting of sections numbered 40.1-33.1 through 40.1-33.12, relating to the provision of paid medical leave to employees;
---------- Patrons-- Wexton, Ebbin and Locke ---------- Referred to Committee on Commerce and Labor ---------- Be it enacted by the General Assembly of Virginia:
Be it enacted by the General Assembly of Virginia:
Paid Sick Leave.
Paid Medical Leave.
"Paid sick leave" means time off from work that is provided by an employer to an employee pursuant to § 40.1-33.3.
"Paid medical leave" means time off from work that is provided by an employer to an employee pursuant to § 40.1-33.3.
Entitlement to paid sick leave.
Entitlement to paid medical leave.
Every employer shall provide to its employees paid sick leave as provided in this article.
Every employer shall provide to its employees paid medical leave as provided in this article.
When an employee uses paid sick leave for a purpose set forth in § 40.1-33.6, the employer shall compensate the employee for such time used at the same rate as the wage and with the same benefits that the employee would have earned or accrued had the employee worked such time during regular work hours.
When an employee uses paid medical leave for a purpose set forth in § 40.1-33.6, the employer shall compensate the employee for such time used at the same rate as the wage and with the same benefits that the employee would have earned or accrued had the employee worked such time during regular work hours.
Accrual and use of paid sick leave.
Accrual and use of paid medical leave.
An employer shall provide paid sick leave to each employee who satisfies the minimum work requirement for a pay period.
An employer shall provide paid medical leave to each employee who satisfies the minimum work requirement for a pay period.
The duty to provide paid sick leave shall start with the first pay period during which an employee satisfied the minimum work requirement.
The duty to provide paid medical leave shall start with the first pay period during which an employee satisfied the minimum work requirement.
Paid sick leave shall be provided to such employees at the following rates:
Paid medical leave shall be provided to such employees at the following rates:
For each pay period starting in calendar year 2018 in which an employee satisfies the minimum work requirement, the employer shall provide the employee one hour of paid sick leave, or proportionate share thereof, for each 50 hours worked;
For each pay period starting in calendar year 2018 in which an employee satisfies the minimum work requirement, the employer shall provide to the employee one hour of paid medical leave, or proportionate share thereof, for each 50 hours worked;
For each pay period starting in calendar year 2019 or thereafter in which an employee satisfies the minimum work requirement, the employer shall provide the employee one hour of paid sick leave, or proportionate share thereof, for each 30 hours worked.
For each pay period starting in calendar year 2019 or thereafter in which an employee satisfies the minimum work requirement, the employer shall provide to the employee one hour of paid medical leave, or proportionate share thereof, for each 30 hours worked.
However, if an employer commences its business operations after January 1, 2018, the employer shall provide each employee who satisfies the minimum work requirement paid sick leave at the rate specified in subdivision 1 during the first year of its operations and at the rate specified in subdivision 2 for periods following its first year of operations.
However, if an employer commences its business operations after January 1, 2018, the employer shall provide to each employee who satisfies the minimum work requirement paid medical leave at the rate specified in subdivision 1 during the first year of its operations and at the rate specified in subdivision 2 for periods following its first year of operations.
If an employer's pay period is less than one month, the employer shall award paid sick leave for each pay period in such amounts that in the aggregate for each month are equivalent to the monthly paid sick leave required to be awarded pursuant to this subsection.
If an employer's pay period is less than one month, the employer shall award paid medical leave for each pay period in such amounts that in the aggregate for each month are equivalent to the monthly paid medical leave required to be awarded pursuant to this subsection.
An employee shall not be eligible to use paid sick leave that he has accrued under this article until he has been employed by his employer for 90 calendar days.
An employee shall not be eligible to use paid medical leave that he has accrued under this article until he has been employed by his employer for 90 calendar days.
Following satisfaction of the qualification period requirement, an employee may use accrued paid sick leave in any pay period subsequent to the pay period in which it has been earned.
Following satisfaction of the qualification period requirement, an employee may use accrued paid medical leave in any pay period subsequent to the pay period in which it has been earned.
Any accrued paid sick leave is forfeited upon the employee's termination of employment with the employer for any reason, and the employee is not entitled to payment therefor.
Any accrued paid medical leave is forfeited upon the employee's termination of employment with the employer for any reason, and the employee is not entitled to payment therefor.
However, any employee who returns to employment with a former employer for which the employee has satisfied the 90-day qualification period, no matter how long the break in employment or the reasons therefor, is immediately eligible to use any paid sick leave that accrues after his return to the employer's employment.
However, any employee who returns to employment with a former employer for which the employee has satisfied the 90-day qualification period, no matter how long the break in employment or the reasons therefor, is immediately eligible to use any paid medical leave that accrues after his return to the employer's employment.
An employee who returns to employment with a former employer for which the employee has not satisfied the 90-day qualification period shall not be eligible to use any paid sick leave until he has been employed by his employer for 90 calendar days following his return to employment.
An employee who returns to employment with a former employer for which the employee has not satisfied the 90-day qualification period shall not be eligible to use any paid medical leave until he has been employed by his employer for 90 calendar days following his return to employment.
The amount of time an employer provides in any form of paid leave that is used for multiple purposes including use as paid sick leave, such as paid time off or earned time off, shall satisfy the requirements of this article, so long as the rate of accrual of such leave satisfies the requirements of this article for the accrual of paid sick leave.
The amount of time an employer provides in any form of paid leave that is used for multiple purposes including use as paid medical leave, such as paid time off or earned time off, shall satisfy the requirements of this article, so long as the rate of accrual of such leave satisfies the requirements of this article for the accrual of paid medical leave.
That such leave balances may be reduced by an employee utilizing such leave for other purposes, such as taking a vacation, shall not affect the fact that providing such leave satisfies the requirements of this article regarding the provision of paid sick leave.
That such leave balances may be reduced by an employee utilizing such leave for other purposes, such as taking a vacation, shall not affect the fact that providing such leave satisfies the requirements of this article regarding the provision of paid medical leave.
Maximum accrual of paid sick leave and increment of use.
Maximum accrual of paid medical leave and increment of use.
An employee may accumulate up to a maximum of 72 hours of paid sick leave.
An employee may accumulate up to a maximum of 72 hours of paid medical leave.
An employee's balance of paid sick leave shall be reduced on an hour-for-hour basis for each hour or portion thereof that an employee uses paid sick leave for a purpose authorized pursuant to § 40.1-33.6.
An employee's balance of paid medical leave shall be reduced on an hour-for-hour basis for each hour or portion thereof that an employee uses paid medical leave for a purpose authorized pursuant to § 40.1-33.6.
Employee to provide notice of intent to use paid sick leave.
Employee to provide notice of intent to use paid medical leave.
Employees shall make reasonable efforts to schedule paid sick leave when possible with the employer in a manner that does not unduly disrupt the employer's operations.
Employees shall make reasonable efforts to schedule paid medical leave when possible with the employer in a manner that does not unduly disrupt the employer's operations.
Whenever such scheduling is impossible or impracticable, employees shall provide their employers with reasonable written or verbal advance notice of their need to use paid sick leave.
Whenever such scheduling is impossible or impracticable, employees shall provide their employers with reasonable written or verbal advance notice of their need to use paid medical leave.
Authorized use of paid sick leave.
Authorized use of paid medical leave.
Employees may use paid sick leave for any of the following purposes or reasons:
Employees may use paid medical leave for any of the following purposes or reasons:
An employer may require that a request to use paid sick leave that is either anticipated to last more than three consecutive days or that actually lasts for more than three consecutive days be supported by documentation, issued by a health care provider, certifying that the employee or the employee's family member qualified for the use of paid sick leave pursuant to subdivision 1 or 2 of § 40.1-33.6 or appropriate court records establishing the employee's eligibility to use paid sick leave pursuant to subdivision 3 of § 40.1-33.6.
An employer may require that a request to use paid medical leave that is either anticipated to last more than three consecutive days or that actually lasts for more than three consecutive days be supported by documentation, issued by a health care provider, certifying that the employee or the employee's family member qualified for the use of paid medical leave pursuant to subdivision 1 or 2 of § 40.1-33.6 or appropriate court records establishing the employee's eligibility to use paid medical leave pursuant to subdivision 3 of § 40.1-33.6.
The employee shall provide such documentation to the employer in a timely manner, not later than 30 days after the first day of the paid sick leave.
The employee shall provide such documentation to the employer in a timely manner, not later than 30 days after the first day of the paid medical leave.
Employer may offer rescheduled work hours in lieu of paid sick leave.
Employer may offer rescheduled work hours in lieu of paid medical leave.
If an employee notifies his employer of intent to use accrued paid sick leave, the employer, at its option, may offer the employee the opportunity to reschedule the work hours for which the employee seeks to use the accrued paid sick leave.
If an employee notifies his employer of intent to use accrued paid medical leave, the employer, at its option, may offer the employee the opportunity to reschedule the work hours for which the employee seeks to use the accrued paid medical leave.
The employer shall make such rescheduled work hours available within either the same pay period or within two weeks of the hours for which the employee sought to use accrued paid sick leave.
The employer shall make such rescheduled work hours available within either the same pay period or within two weeks of the hours for which the employee sought to use accrued paid medical leave.
an employee who unreasonably refuses such an offer of rescheduled work hours is not eligible to use accrued paid sick leave for those hours he originally notified his employer that he was requesting to use accrued paid sick leave.
an employee who unreasonably refuses such an offer of rescheduled work hours is not eligible to use accrued paid medical leave for those hours he originally notified his employer that he was requesting to use accrued paid medical leave.
Any employer who knowingly fails to provide paid sick leave to its employees in accordance with this article shall be subject to a civil penalty not to exceed $1,000 for each violation.
Any employer that knowingly fails to provide paid medical leave to its employees in accordance with this article shall be subject to a civil penalty not to exceed $1,000 for each violation.
The Commissioner shall notify by certified mail any employer who he alleges has violated any provision of this article.
The Commissioner shall notify by certified mail any employer that he alleges has violated any provision of this article.
The Commissioner may require a written complaint of the violation of this article and, with the written and signed consent of an employee, may institute proceedings on behalf of an employee to enforce compliance with this article and collect the value of any paid sick leave unlawfully withheld from such employee, which shall be awarded to the employee entitled thereto.
The Commissioner may require a written complaint of the violation of this article and, with the written and signed consent of an employee, may institute proceedings on behalf of an employee to enforce compliance with this article and collect the value of any paid medical leave unlawfully withheld from such employee, which shall be awarded to the employee entitled thereto.
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No employer shall require any employee, except executive personnel, to sign any contract or agreement that provides for the forfeiture of the employee's paid sick leave as a condition of employment or the continuance therein, except as otherwise provided by law.
No employer shall require any employee, except executive personnel, to sign any contract or agreement that provides for the forfeiture of the employee's paid medical leave as a condition of employment or the continuance therein, except as otherwise provided by law.
Paid sick leave statements.
Paid medical leave statements.
An employer, upon request of his employee, shall furnish to the employee a written statement of the paid sick leave earned by the employee during any pay period, any amounts deducted therefrom during the pay period, and the balance of the employee's paid sick leave.
An employer, upon request of his employee, shall furnish to the employee a written statement of the paid medical leave earned by the employee during any pay period, any amounts deducted therefrom during the pay period, and the balance of the employee's paid medical leave.
Nothing in this article shall be construed to discourage or prohibit an employer from the adoption or retention of a paid sick leave policy more generous than the provisions required by this article.
Nothing in this article shall be construed to discourage or prohibit an employer from the adoption or retention of a paid medical leave policy more generous than the provisions required by this article.
Nothing in this article shall be construed to lessen the obligation of an employer to comply with a contract, collective bargaining agreement, employment benefit plan, or other agreement providing more generous paid sick leave to an employee than required by this article.
Nothing in this article shall be construed to lessen the obligation of an employer to comply with a contract, collective bargaining agreement, employment benefit plan, or other agreement providing more generous paid medical leave to an employee than required by this article.
This article establishes minimum requirements pertaining to paid sick leave and does not preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of sick leave, whether paid or unpaid, or that extends other protections to an employee.
This article establishes minimum requirements pertaining to paid medical leave and does not preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of medical leave, whether paid or unpaid, or that extends other protections to an employee.
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Action History

  1. Referred to Committee on Commerce and Labor

  2. Prefiled and ordered printed; offered 01/11/17 17100224D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on

Sponsors (1)

  • Jennifer T. Wexton

Co-sponsors (2)

Not signed on (145)

145 members have not signed on to this bill.

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"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.

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Subjects

healthcare labor

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Frequently asked questions

What does SB 824 do?
Requires private employers to give to each full-time employee paid sick days. Paid sick days would accrue at a rate of no less than one hour for every 50 hours worked in 2018 or, if an employer commences operations in 2018 or thereafter, in the employer's first year of operations. In subsequent years, paid sick days would accrue at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the ninetieth calendar day of employment. The bill would require an employer to provide paid sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or the employee's family member. The bill would prohibit an employer from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements and would require the Commissioner of Labor and Industry (the Commissioner) to administer and enforce these requirements and to investigate alleged violations of these requirements. The bill would authorize the Commissioner to impose specified civil penalties for violations. The Commissioner would be authorized to bring an action to recover specified civil penalties against an offender. The Commissioner would also be able to recover attorney fees of one-third of the amount set forth in the final order or judgment. The measure would not apply to employees covered by a collective bargaining agreement that provides for paid sick days, nor would it lessen any other obligations of the employer to employees.
Who sponsors SB 824?
SB 824 is sponsored by Jennifer T. Wexton, Mamie E. Locke, and Adam P. Ebbin.
What is the current status of SB 824?
This bill died with 2017 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 SB 824?
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