VirginiaSB1992026 Regular SessionSenateWALLET

Employment; paid sick leave, civil penalties.

Sponsored By: Barbara A. Favola (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 incorporates SB 372 and is identical to HB 5.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Virginia workers gain phased sick leave coverage

Virginia’s paid sick leave requirement covers employers with 50 or more employees beginning July 1, 2027. Coverage expands to employers with 25 or more employees on January 1, 2028. Beginning January 1, 2029, it covers employers with at least one employee. State and local government employers are included; Chapter 11 of Title 51.1 controls when its rules conflict with this law. State human resources and accounting agencies must report on system changes and fiscal and operating needs by September 1, 2026.

Workers earn sick leave with limits

Once their employer is covered, eligible workers earn at least one paid sick leave hour per 30 hours worked. Employers may limit yearly accrual and use to 40 hours, unless they allow more. Unused hours carry over, and each leave year is a 12-month period set by the employer. Leave pays your regular rate and cannot put pay below the applicable minimum wage after any tip credit. Employers may give the full yearly amount upfront or lend hours before you earn them. Leave follows you between locations of the same employer and to a successor employer that keeps you employed. Rehire within 12 months restores unused leave unless it was paid out; employers need not pay unused leave when employment ends. For accrual, specified overtime-exempt and airline employees are generally treated as working 40 hours weekly, with shorter normal workweeks recognized. Regulations set accrual rules for fee-for-service workers.

Protected worker leave with notice rules

Once covered, workers can request paid leave for their own or a family member’s physical or mental health care. This includes illness, injury, diagnosis, treatment, and preventive care. Leave also covers medical care, counseling, legal help, relocation, and victim services after domestic violence, sexual assault, or stalking. Requests may be oral, written, or electronic in a form acceptable to the employer. For foreseeable leave, workers must make a good-faith effort to give advance notice and avoid undue scheduling disruption. Employers may require reasonable proof for absences of at least three consecutive workdays. A health professional’s note can support medical leave; police, court, or victim-service records, or an employee’s written statement, can support safety-related leave. Leave is used by the hour unless employers allow smaller amounts. Employers cannot require replacement workers, make-up shifts, or protected personal details. No one may interfere with leave rights, and employers cannot retaliate or count protected leave toward attendance discipline. Protection covers reports, help with investigations, informing others about benefits, and mistaken allegations made in good faith. By July 1, 2027, regulations must require written and posted rights notices, three-year leave records, and confidentiality safeguards. Employers cannot deny leave for violating a notice policy they did not provide.

Workers gain remedies for denied sick leave

Beginning July 1, 2027, the Labor and Industry Commissioner can investigate paid sick leave complaints and enforce the law. The Commissioner can inspect workplace records, take sworn statements, issue subpoenas, mediate, and issue notices requiring relief. Workers have one year after discovering, or having reason to discover, a violation to file an administrative complaint. Workers can sue without first filing that complaint. The lawsuit deadline is two years after the violation or when the worker knew or should have known about it. Recovery can include twice unpaid sick leave and twice actual damages, where applicable. Courts can also order reinstatement or an equivalent job, lost wages and benefits with interest, orders stopping violations, and attorney fees and costs. Knowing violations carry penalties up to $150 for a first violation, $300 for a second, and $500 for later violations within two years of a prior violation. Penalties reflect business size and severity and go to Virginia’s General Fund, not the worker. Employers have 15 days after a violation notice to request an informal conference. Correcting a violation within the reasonable time set by regulation bars penalties and legal action. The Commissioner or Attorney General may bring enforcement actions, and final orders may include attorney fees.

Some workers remain outside sick leave coverage

The law excludes workers defined in Virginia Code § 40.1-33.3 and covered railroad employment defined in 45 U.S.C. § 351. Health professionals licensed, registered, or certified by Virginia health regulatory boards cannot accrue leave when both job conditions apply. They must work at a Department of Health-licensed facility, UVA Medical Center, or VCU Health System Authority and average no more than 30 hours weekly. Employers also need not provide leave to specified credentialed health professionals employed on an as-needed basis at those settings. That as-needed exemption also covers agencies licensed by the Department of Behavioral Health and Developmental Services. Union contracts already providing paid leave that meets the law require no additional employer-provided sick leave. A qualifying longshore employer is exempt for bargaining-unit workers under a qualifying union contract in effect July 1, 2027. That exemption ends when the contract expires or December 31, 2030, whichever comes first.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 296 • No: 180

Senate vote • 4/22/2026

Passed by for the day Block Vote

Yes: 21 • No: 18

House vote • 3/13/2026

Conference report agreed to by House

Yes: 61 • No: 34

Senate vote • 3/13/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

Senate vote • 3/10/2026

Senate acceded to request Block Vote

Yes: 40 • No: 0

Senate vote • 3/5/2026

House substitute rejected by Senate

Yes: 0 • No: 39

House vote • 3/3/2026

Passed House with substitute

Yes: 63 • No: 35

House vote • 2/26/2026

Reported from Labor and Commerce with substitute

Yes: 15 • No: 6

Senate vote • 2/17/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote • 2/16/2026

Commerce and Labor Substitute rejected

Yes: 0 • No: 0

Senate vote • 2/16/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote • 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 35 • No: 0

Senate vote • 2/12/2026

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 5

Senate vote • 2/2/2026

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

Yes: 9 • No: 6

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP1129)

    5/20/2026Governor
  2. Approved by Governor-Chapter 1129 (Effective 7/1/2027)

    5/20/2026Governor
  3. Passed by for the day Block Vote (21-Y 18-N 0-A)

    4/22/2026Senate
  4. Governor's Action Deadline 11:59 p.m., May 23, 2026

    4/22/2026Governor
  5. Communicated to Governor

    4/22/2026Senate
  6. Governor's recommendation received by Senate

    4/13/2026Governor
  7. Fiscal Impact Statement from Department of Planning and Budget (SB199)

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

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

    3/31/2026Senate
  10. Signed by Speaker

    3/31/2026House
  11. Bill text as passed Senate and House (SB199ER)

    3/30/2026Senate
  12. Enrolled

    3/30/2026Senate
  13. Signed by President

    3/30/2026Senate
  14. Fiscal Impact Statement from Department of Planning and Budget (SB199)

    3/23/2026Senate
  15. Conference report agreed to by House (61-Y 34-N 0-A)

    3/13/2026House
  16. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/13/2026Senate
  17. Conference Report released

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

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

    3/12/2026House
  20. Senate acceded to request Block Vote (40-Y 0-N 0-A)

    3/10/2026Senate
  21. Conferees appointed by Senate

    3/10/2026Senate
  22. Senate Conferees: Favola, Deeds, Peake

    3/10/2026Senate
  23. House requested conference committee

    3/6/2026House
  24. House insisted on substitute

    3/6/2026House
  25. House substitute rejected by Senate (0-Y 39-N 0-A)

    3/5/2026Senate

Bill Text

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