VirginiaHB52026 Regular SessionHouseWALLET

Employment; paid sick leave, civil penalties.

Sponsored By: Kelly K. Convirs-Fowler (Democratic)

Signed by Governor

Summary

Employment; paid sick leave; civil penalties; civil actions. Requires one hour of paid sick leave for every 30 hours worked for all employees of private employers and state and local governments, with certain exceptions. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued paid sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions and specifies that employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave to seek or obtain certain services or to relocate or secure an existing home due to domestic abuse, sexual assault, or stalking. The bill requires the Commissioner to promulgate regulations for the implementation and enforcement of the bill's provisions by July 1, 2027.The bill authorizes the Commissioner, 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. The Commissioner or Attorney General may commence administrative proceedings or bring a civil action to enforce the bill's provisions. Additionally, the bill authorizes an aggrieved employee to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer's violation. Certain provisions of the bill have a delayed effective date of July 1, 2027. This bill is identical to SB 199.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Workers can sue over sick leave

Beginning July 1, 2027, covered workers harmed by paid sick leave violations can sue without first filing an agency complaint. Workers who win receive twice their unpaid sick leave and twice their actual damages. Courts also award lost wages, benefits, and other pay with interest, plus reasonable attorney fees and costs. Courts can order employers to stop violations and provide reinstatement or other appropriate relief. Workers must sue within two years after the violation or when they knew or should have known about it.

Employer penalties with chances to fix

Beginning July 1, 2027, Virginia's labor commissioner handles paid sick leave complaints from employees or interested third parties. Complaints must arrive within one year after the person knew or should have known about the violation. The commissioner can also investigate independently, inspect workplaces, require records and sworn statements, question witnesses under oath, and issue subpoenas. Complainant and employee-witness identities stay protected unless disclosure is authorized. Employers have 15 days after notice to request an informal conference; mediation is also available. Correcting violations within the time set by regulation avoids agency penalties and further agency enforcement. Otherwise, the commissioner or Attorney General can pursue administrative or court enforcement, with reasonable attorney fees assessed after a final decision. Knowing violations carry penalties up to $150 for the first violation, $300 for a second within two years, and $500 for each later violation in that period. Penalties reflect business size and the violation's seriousness, and collected money goes to Virginia's general fund.

Sponsors & Cosponsors

Sponsor

  • Kelly K. Convirs-Fowler

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 307 • No: 226

House vote • 3/13/2026

Conference report agreed to by House

Yes: 61 • No: 35

Senate vote • 3/13/2026

Conference report agreed to by Senate

Yes: 21 • No: 14

Senate vote • 3/10/2026

Senate insisted on substitute Block Vote

Yes: 40 • No: 0

House vote • 3/6/2026

Senate substitute rejected by House

Yes: 3 • No: 95

Senate vote • 3/4/2026

Commerce and Labor Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/4/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote • 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/3/2026

Reported from Finance and Appropriations

Yes: 9 • No: 5

Senate vote • 2/23/2026

Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations

Yes: 9 • No: 6

House vote • 2/16/2026

Read third time and passed House

Yes: 63 • No: 35

House vote • 2/6/2026

Reported from Appropriations

Yes: 15 • No: 7

House vote • 2/4/2026

Subcommittee recommends reporting

Yes: 5 • No: 1

House vote • 1/27/2026

Reported from Labor and Commerce with amendment(s) and referred to Appropriations

Yes: 15 • No: 7

House vote • 1/22/2026

Subcommittee recommends reporting with amendment(s) and referring to Appropriations

Yes: 5 • No: 2

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP1128)

    5/20/2026Governor
  2. Approved by Governor-Chapter 1128 (Effective 7/1/2027)

    5/20/2026Governor
  3. Passed by for the day

    4/23/2026House
  4. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/23/2026Governor
  5. Communicated to Governor

    4/23/2026House
  6. Passed by for the day

    4/22/2026House
  7. Governor's Recommendation

    4/12/2026Governor
  8. Governor's recommendation received by House

    4/12/2026Governor
  9. Fiscal Impact Statement from Department of Planning and Budget (HB5)

    4/2/2026House
  10. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  11. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  12. Signed by Speaker

    3/31/2026House
  13. Bill text as passed House and Senate (HB5ER)

    3/30/2026House
  14. Enrolled

    3/30/2026House
  15. Signed by President

    3/30/2026Senate
  16. Fiscal Impact Statement from Department of Planning and Budget (HB5)

    3/23/2026House
  17. Conference report agreed to by Senate (21-Y 14-N 0-A)

    3/13/2026Senate
  18. Conference report agreed to by House (61-Y 35-N 0-A)

    3/13/2026House
  19. Conference Report released

    3/13/2026
  20. House Conferees: Convirs-Fowler, Feggans, Wilt

    3/12/2026House
  21. Conferees appointed by House

    3/12/2026House
  22. Conferees appointed by Senate

    3/12/2026Senate
  23. Senate Conferees: Favola, Deeds, Peake

    3/12/2026Senate
  24. House acceded to request

    3/11/2026House
  25. Senate insisted on substitute Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate

Bill Text

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