Virginia House Bill 2137 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Democrat 27-0)
Status: Engrossed on February 3 2021 - 50% progression, died in chamber
Action: 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
Text: Latest bill text (Engrossed) [HTML]

Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees. Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.

Paid sick leave; employers to provide to certain employees.

Del. Elizabeth Guzman [D]	Del. Jeion Ward [D]	Sen. Lashrecse Aird [D]	Del. Betsy Carr [D]
Del. Lee Carter [D]	Del. Joshua Cole [D]	Del. Karrie Delaney [D]	Del. C.E. Hayes [D]
Del. Dan Helmer [D]	Del. Patrick Hope [D]	Del. Mark Keam [D]	Del. Kaye Kory [D]
Del. Paul Krizek [D]	Del. Mark Levine [D]	Del. Alfonso Lopez [D]	Del. Candi Mundon King [D]
Del. Kathleen Murphy [D]	Del. Kenneth Plum [D]	Del. Marcia Price [D]	Del. Sam Rasoul [D]
Del. Ibraheem Samirah [D]	Del. Mark Sickles [D]	Del. Marcus Simon [D]	Del. Shelly Simonds [D]
Sen. Suhas Subramanyam [D]	Del. Kathy Tran [D]	Del. Rodney Willett [D]

2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-04 - House - House: VOTE: Passage (54-Y 46-N) (Y: 54 N: 46 NV: 0 Abs: 0) [PASS]
2021-02-01 - House - House: Reported from Appropriations with amendment(s) (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2021-02-01 - House - House: Subcommittee recommends reporting with amendments (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2021-01-28 - House - House: Reported from Labor and Commerce (13-Y 8-N) (Y: 13 N: 8 NV: 0 Abs: 1) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]
2021-01-26 - House - House: Subcommittee recommends reporting (5-Y 3-N) (Y: 5 N: 3 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2021-02-05	Senate	Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
2021-02-05	Senate	Referred to Committee on Commerce and Labor
2021-02-05	Senate	Constitutional reading dispensed
2021-02-04	House	VOTE: Passage (54-Y 46-N)
2021-02-04	House	Read third time and passed House (54-Y 46-N)
2021-02-03	House	Printed as engrossed 21101625D-E
2021-02-03	House	Engrossed by House as amended HB2137E
2021-02-03	House	Committee amendment agreed to
2021-02-03	House	Read second time
2021-02-02	House	Read first time
2021-02-01	House	Reported from Appropriations with amendment(s) (13-Y 9-N)
2021-02-01	House	Subcommittee recommends reporting with amendments (5-Y 3-N)
2021-01-29	House	Assigned App. sub: Compensation & General Government
2021-01-28	House	Referred to Committee on Appropriations
2021-01-28	House	Reported from Labor and Commerce (13-Y 8-N)
2021-01-26	House	Subcommittee recommends referring to Committee on Appropriations
2021-01-26	House	Subcommittee recommends reporting (5-Y 3-N)
2021-01-19	House	Assigned L & C sub: Subcommittee #1
2021-01-12	House	Referred to Committee on Labor and Commerce
2021-01-12	House	Prefiled and ordered printed; offered 01/13/21 21101625D

HB2137 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)

Chapter	Article	Section	Citation Type	Statute Text
40	1	33.3	(n/a)	See Bill Text
40	1	33.9	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2137
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2137+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2137E+hil
Amendment	https://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+HB2137AH
Amendment	https://committees.lis.virginia.gov/pdfs/drafts/21104244A.pdf
Supplement	https://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2137F122+PDF
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1401V0011+HB2137
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1401V0021+HB2137
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H14V0087+HB2137
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0202V0017+HB2137
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H02V0099+HB2137
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1444+HB2137
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S02V0060+HB2137