VA HB2137 | 2021 | Regular Session

Status

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]

Summary

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.

Tracking Information

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Title

Paid sick leave; employers to provide to certain employees.

Sponsors


Roll Calls

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]

History

DateChamberAction
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
2021-02-05SenateReferred to Committee on Commerce and Labor
2021-02-05SenateConstitutional reading dispensed
2021-02-04HouseVOTE: Passage (54-Y 46-N)
2021-02-04HouseRead third time and passed House (54-Y 46-N)
2021-02-03HousePrinted as engrossed 21101625D-E
2021-02-03HouseEngrossed by House as amended HB2137E
2021-02-03HouseCommittee amendment agreed to
2021-02-03HouseRead second time
2021-02-02HouseRead first time
2021-02-01HouseReported from Appropriations with amendment(s) (13-Y 9-N)
2021-02-01HouseSubcommittee recommends reporting with amendments (5-Y 3-N)
2021-01-29HouseAssigned App. sub: Compensation & General Government
2021-01-28HouseReferred to Committee on Appropriations
2021-01-28HouseReported from Labor and Commerce (13-Y 8-N)
2021-01-26HouseSubcommittee recommends referring to Committee on Appropriations
2021-01-26HouseSubcommittee recommends reporting (5-Y 3-N)
2021-01-19HouseAssigned L & C sub: Subcommittee #1
2021-01-12HouseReferred to Committee on Labor and Commerce
2021-01-12HousePrefiled and ordered printed; offered 01/13/21 21101625D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
40133.3(n/a)See Bill Text
40133.9(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2137
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2137+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+ful+HB2137E+hil
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?211+amd+HB2137AH
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21104244A.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+oth+HB2137F122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1401V0011+HB2137
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H1401V0021+HB2137
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H14V0087+HB2137
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H0202V0017+HB2137
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+H02V0099+HB2137
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+HV1444+HB2137
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?211+vot+S02V0060+HB2137

Bill Comments

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