VA HB1098 | 2024 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 21-0)
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Status: Vetoed on April 8 2024 - 100% progression
Action: 2024-04-17 - House sustained Governor's veto
Text: Latest bill text (Enrolled) [HTML]
Summary
Unpaid family bereavement leave; required; remedies. Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave and provides that, if an employer fails to provide unpaid family bereavement leave or engages in such prohibited retaliatory action, an employee may bring an action against the employer in a court of competent jurisdiction. Unpaid family bereavement leave; required; remedies. Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave and provides that, if an employer fails to provide unpaid family bereavement leave or engages in such prohibited retaliatory action, an employee may bring an action against the employer in a court of competent jurisdiction.
Title
Family bereavement leave; employee restoration of position, etc.
Sponsors
Roll Calls
2024-03-09 - Senate - Senate: Conference report agreed to by Senate (22-Y 18-N) (Y: 22 N: 18 NV: 0 Abs: 0) [PASS]
2024-03-09 - House - House: VOTE: Adoption (53-Y 45-N) (Y: 53 N: 45 NV: 0 Abs: 2) [PASS]
2024-03-07 - Senate - Senate: Senate insisted on substitute (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-06 - House - House: VOTE: REJECTED (0-Y 98-N) (Y: 0 N: 98 NV: 0 Abs: 2) [FAIL]
2024-03-05 - Senate - Senate: Passed Senate with substitute (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2024-03-04 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-29 - Senate - Senate: Reported from Finance and Appropriations with substitute (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-26 - Senate - Senate: Reported from Commerce and Labor with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-12 - House - House: VOTE: Passage (51-Y 49-N) (Y: 51 N: 49 NV: 0 Abs: 0) [PASS]
2024-02-06 - House - House: Reported from Labor and Commerce with substitute (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]
2024-02-01 - House - House: Subcommittee recommends reporting (5-Y 2-N) (Y: 5 N: 2 NV: 0 Abs: 1) [PASS]
2024-03-09 - House - House: VOTE: Adoption (53-Y 45-N) (Y: 53 N: 45 NV: 0 Abs: 2) [PASS]
2024-03-07 - Senate - Senate: Senate insisted on substitute (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-06 - House - House: VOTE: REJECTED (0-Y 98-N) (Y: 0 N: 98 NV: 0 Abs: 2) [FAIL]
2024-03-05 - Senate - Senate: Passed Senate with substitute (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2024-03-04 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-29 - Senate - Senate: Reported from Finance and Appropriations with substitute (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-26 - Senate - Senate: Reported from Commerce and Labor with substitute (10-Y 5-N) (Y: 10 N: 5 NV: 0 Abs: 0) [PASS]
2024-02-12 - House - House: VOTE: Passage (51-Y 49-N) (Y: 51 N: 49 NV: 0 Abs: 0) [PASS]
2024-02-06 - House - House: Reported from Labor and Commerce with substitute (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]
2024-02-01 - House - House: Subcommittee recommends reporting (5-Y 2-N) (Y: 5 N: 2 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-04-17 | House | House sustained Governor's veto |
| 2024-04-08 | Governor: Vetoed by Governor | |
| 2024-03-27 | Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024 | |
| 2024-03-27 | House | Enrolled Bill communicated to Governor on March 27, 2024 |
| 2024-03-26 | House | Signed by Speaker |
| 2024-03-25 | Senate | Signed by President |
| 2024-03-25 | House | Bill text as passed House and Senate (HB1098ER) |
| 2024-03-25 | House | Enrolled |
| 2024-03-09 | Senate | Conference report agreed to by Senate (22-Y 18-N) |
| 2024-03-09 | House | VOTE: Adoption (53-Y 45-N) |
| 2024-03-09 | House | Conference report agreed to by House (53-Y 45-N) |
| 2024-03-09 | House | Conference substitute printed 24109162D-H2 |
| 2024-03-09 | Conference: Amended by conference committee | |
| 2024-03-07 | Senate | Senators: Deeds, McPike, Pillion |
| 2024-03-07 | Senate | Conferees appointed by Senate |
| 2024-03-07 | House | Delegates: Rasoul, Herring, McNamara |
| 2024-03-07 | House | Conferees appointed by House |
| 2024-03-07 | House | House acceded to request |
| 2024-03-07 | Senate | Senate requested conference committee |
| 2024-03-07 | Senate | Senate insisted on substitute (40-Y 0-N) |
| 2024-03-06 | House | VOTE: REJECTED (0-Y 98-N) |
| 2024-03-06 | House | Senate substitute rejected by House 24108645D-S2 (0-Y 98-N) |
| 2024-03-05 | Senate | Passed Senate with substitute (23-Y 17-N) |
| 2024-03-05 | Senate | Engrossed by Senate as amended HB1098S2 |
| 2024-03-05 | Senate | Finance and Appropriations Committee substitute agreed to 24108645D-S2 |
| 2024-03-05 | Senate | Reading of substitute waived |
| 2024-03-05 | Senate | Commerce and Labor Committee substitute rejected 24108279D-S1 |
| 2024-03-05 | Senate | Read third time |
| 2024-03-04 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2024-02-29 | Senate | Committee substitute printed 24108645D-S2 |
| 2024-02-29 | Senate | Reported from Finance and Appropriations with substitute (14-Y 0-N) |
| 2024-02-26 | Senate | Rereferred to Finance and Appropriations |
| 2024-02-26 | Senate | Committee substitute printed 24108279D-S1 |
| 2024-02-26 | Senate | Reported from Commerce and Labor with substitute (10-Y 5-N) |
| 2024-02-13 | Senate | Referred to Committee on Commerce and Labor |
| 2024-02-13 | Senate | Constitutional reading dispensed |
| 2024-02-12 | House | VOTE: Passage (51-Y 49-N) |
| 2024-02-12 | House | Read third time and passed House (51-Y 49-N) |
| 2024-02-09 | House | Engrossed by House - committee substitute HB1098H1 |
| 2024-02-09 | House | Committee substitute agreed to 24107262D-H1 |
| 2024-02-09 | House | Read second time |
| 2024-02-08 | House | Read first time |
| 2024-02-06 | House | Committee substitute printed 24107262D-H1 |
| 2024-02-06 | House | Reported from Labor and Commerce with substitute (12-Y 10-N) |
| 2024-02-01 | House | Subcommittee recommends reporting (5-Y 2-N) |
| 2024-01-23 | House | Assigned L & C sub: Subcommittee #2 |
| 2024-01-10 | House | Referred to Committee on Labor and Commerce |
| 2024-01-10 | House | Prefiled and ordered printed; offered 01/10/24 24101688D |
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 40 | 1 | 33.13 | (n/a) | See Bill Text |
| 40 | 1 | 33.18 | (n/a) | See Bill Text |
