VA SB481 | 2020 | Regular Session

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: Failed on March 12 2020 - 100% progression
Action: 2020-03-12 - Failed to pass in Senate
Text: Latest bill text (Conference Sub) [HTML]

Summary

Earned paid sick time. Requires public and private employers with 15 or more employees to provide those employees with earned paid sick time; however, the provisions of the bill would not apply to an employer that has entered into a bona fide collective bargaining agreement. The measure 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 time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for 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; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill prohibits employers from taking certain retaliatory actions against employees related to leave and authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2021, and incorporates

Tracking Information

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Title

Employees; earned sick leave, civil penalties.

Sponsors


Roll Calls

2020-03-06 - House - House: VOTE: Adoption (52-Y 45-N) (Y: 52 N: 45 NV: 3 Abs: 0) [PASS]
2020-02-26 - Senate - Senate: Senate acceded to request (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-26 - House - House: VOTE: Passage (52-Y 48-N) (Y: 52 N: 48 NV: 0 Abs: 0) [PASS]
2020-02-26 - Senate - Senate: House amendments rejected by Senate (0-Y 40-N) (Y: 0 N: 40 NV: 0 Abs: 0) [FAIL]
2020-02-21 - House - House: Reported from Appropriations with amendment (12-Y 10-N) (Y: 12 N: 10 NV: 0 Abs: 0) [PASS]
2020-02-20 - House - House: Reported from Labor and Commerce with amendments (13-Y 9-N) (Y: 13 N: 9 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Passed Senate (23-Y 17-N) (Y: 23 N: 17 NV: 0 Abs: 0) [PASS]
2020-02-11 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-02-10 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-02-06 - Senate - Senate: Reported from Finance and Appropriations with amendment (11-Y 5-N) (Y: 11 N: 5 NV: 0 Abs: 0) [PASS]
2020-02-03 - Senate - Senate: Reported from Commerce and Labor with substitute (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2020-03-12SenateFailed to pass in Senate
2020-03-12SenateNo further action taken
2020-03-08SenatePassed by temporarily
2020-03-05HouseVOTE: Adoption (52-Y 45-N)
2020-03-05HouseConference report agreed to by House (52-Y 45-N)
2020-03-04HousePassed by for the day
2020-03-04SenatePassed by for the day
2020-03-04SenatePassed by temporarily
2020-03-03SenateConference substitute printed 20109431D-S2
2020-03-03 Conference: Amended by conference committee
2020-02-27HouseDelegates: Simon, Krizek, Campbell, R.R.
2020-02-27HouseConferees appointed by House
2020-02-27SenateSenators: Favola, Bell, Stuart
2020-02-27SenateConferees appointed by Senate
2020-02-26SenateSenate acceded to request (40-Y 0-N)
2020-02-26HouseHouse requested conference committee
2020-02-26HouseHouse insisted on amendments
2020-02-26SenateHouse amendments rejected by Senate (0-Y 40-N)
2020-02-26HouseVOTE: Passage (52-Y 48-N)
2020-02-26HousePassed House with amendments (52-Y 48-N)
2020-02-26HouseEngrossed by House as amended
2020-02-26HousePending question ordered
2020-02-26HouseAmendments by Delegate Guzman agreed to
2020-02-26HouseCommittee on Appropriations amendment agreed to
2020-02-26HouseCommittee on Labor and Commerce amendments # 8 and 9 rejected
2020-02-26HouseCommittee on Labor and Commerce amendments #'s 1-7 and #'s 10-13 agreed to
2020-02-26HouseRead third time
2020-02-25HouseRead second time
2020-02-21HouseReported from Appropriations with amendment (12-Y 10-N)
2020-02-20HouseReferred to Committee on Appropriations
2020-02-20HouseReported from Labor and Commerce with amendments (13-Y 9-N)
2020-02-19HouseReferred to Committee on Labor and Commerce
2020-02-19HouseRead first time
2020-02-19HousePlaced on Calendar
2020-02-11SenatePassed Senate (23-Y 17-N)
2020-02-11SenateConstitutional reading dispensed (40-Y 0-N)
2020-02-11SenatePrinted as engrossed 20106951D-ES1
2020-02-11SenateEngrossed by Senate - committee substitute with amendment SB481ES1
2020-02-11SenateCommittee amendment agreed to
2020-02-11SenateReading of amendment waived
2020-02-11SenateCommittee substitute agreed to 20106951D-S1
2020-02-11SenateReading of substitute waived
2020-02-11SenateRead second time
2020-02-10SenateConstitutional reading dispensed (36-Y 0-N)
2020-02-06SenateReported from Finance and Appropriations with amendment (11-Y 5-N)
2020-02-03SenateRereferred to Finance and Appropriations
2020-02-03SenateCommittee substitute printed 20106951D-S1
2020-02-03SenateIncorporates SB1069 (Barker)
2020-02-03SenateReported from Commerce and Labor with substitute (12-Y 3-N)
2020-01-07SenateReferred to Committee on Commerce and Labor
2020-01-07SenatePrefiled and ordered printed; offered 01/08/20 20104341D

Same As/Similar To

SB1069 (Similar To) 2020-02-03 - Incorporated by Commerce and Labor

Code Citations

ChapterArticleSectionCitation TypeStatute Text
40133.1(n/a)See Bill Text
40133.13(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB481
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB481+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB481S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB481ES1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?201+ful+SB481S2+hil
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S02V0094+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+S05V0259+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0457SB0481+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0528SB0481+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV0545SB0481+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H14V0306+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+H02V0395+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1102SB0481+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV1500+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+SV1126SB0481+SB0481
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?201+vot+HV1959+SB0481

Bill Comments

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