Paid sick leave; employers to provide to certain employees.
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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2021
Committee Review
Feb 2021
House of Delegates Passage
Feb 2021
Senate Passage
Feb 2021
Signed into Law
Mar 2021
Introduced Jan 12, 2021
Signed Mar 30, 2021
Floor votes · Senate Feb 24, 2021 · House of Delegates Feb 4, 2021
How they voted
33–0
Passed
Total votes 33
Feb 24, 2021
D
Democratic17
100% Yea
R
Republican16
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
51
Key actions
15
Committee
17
Amendments
1
Mar 30, 2021
Signed into law
Approved by Governor-Chapter 449 (effective 7/1/21)
executive
Feb 25, 2021
Upper · Passed
Passed Senate with substitute (21-Y 18-N)
upper
Feb 25, 2021
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 24, 2021
Senate · Passed
Senate Vote: pass (33-0)
senate
Feb 22, 2021
Upper · Passed
Reported from Finance and Appropriations (11-Y 4-N)
upper
Feb 22, 2021
Committee
Rereferred to Finance and Appropriations
upper
Feb 22, 2021
Upper · Passed
Reported from Commerce and Labor with substitute (12-Y 3-N)
upper
Feb 22, 2021
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 5, 2021
Committee
Referred to Committee on Commerce and Labor
upper
Feb 4, 2021
Lower · Passed
Read third time and passed House (54-Y 46-N)
lower
Feb 3, 2021
Introduced
Engrossed by House as amended HB2137E
lower
Feb 3, 2021
Lower · Passed
Committee amendment agreed to
lower
Feb 1, 2021
Lower · Passed
Reported from Appropriations with amendment(s) (13-Y 9-N)
lower
Feb 1, 2021
Lower · Passed
Subcommittee recommends reporting with amendments (5-Y 3-N)
lower
Feb 1, 2021
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 29, 2021
Committee
Assigned App. sub: Compensation & General Government
lower
Jan 28, 2021
Committee
Referred to Committee on Appropriations
lower
Jan 28, 2021
Lower · Passed
Reported from Labor and Commerce (13-Y 8-N)
lower
Jan 26, 2021
Lower · Passed
Subcommittee recommends referring to Committee on Appropriations
lower
Jan 26, 2021
Lower · Passed
Subcommittee recommends reporting (5-Y 3-N)
lower
Jan 19, 2021
Committee
Assigned L & C sub: Subcommittee #1
lower
Jan 12, 2021
Committee
Referred to Committee on Labor and Commerce
lower
Jan 12, 2021
Introduced
Prefiled and ordered printed; offered 01/13/21 21101625D
lower
1 primary · 28 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
LG
Liz Guzmán
DDemocratic
Co
Alfonso Lopez
DDemocratic
Co
Betsy Carr
DDemocratic
Co
Candi King
DDemocratic
Co
Cia Price
DDemocratic
Co
Cliff Hayes
DDemocratic
Co
Dan Helmer
DDemocratic
Co
Ibraheem S. Samirah
DDemocratic
Co
Jeion Ward
DDemocratic
Co
Jennifer Boysko
DDemocratic
Co
JL
Jennifer L McClellan
DDemocratic
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