Family bereavement leave; employee restoration of position, etc.
Summary
Unpaid family bereavement leave; required; remedies. Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave and provides that, if an employer fails to provide unpaid family bereavement leave or engages in such prohibited retaliatory action, an employee may bring an action against the employer in a court of competent jurisdiction.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2024
Committee Review
Mar 2024
House of Delegates Passage
Mar 2024
Senate Passage
Mar 2024
Vetoed
Apr 2024
Introduced Jan 10, 2024
Vetoed Apr 8, 2024
Floor votes · Senate Mar 4, 2024 · House of Delegates Feb 12, 2024
How they voted
40–0
Passed
Total votes 40
Mar 4, 2024
D
Democratic21
100% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
53
Key actions
16
Committee
14
Amendments
1
Apr 17, 2024
Vetoed
House sustained Governor's veto
lower
Apr 8, 2024
Vetoed
Vetoed by Governor
executive
Mar 26, 2024
Lower · Passed
Signed by Speaker
lower
Mar 25, 2024
Upper · Passed
Signed by President
upper
Mar 25, 2024
Lower · Passed
Bill text as passed House and Senate (HB1098ER)
lower
Mar 9, 2024
Upper · Passed
Conference report agreed to by Senate (22-Y 18-N)
upper
Mar 9, 2024
Lower · Passed
Conference report agreed to by House (53-Y 45-N)
lower
Mar 9, 2024
Legislature · Passed
Amended by conference committee
legislature
Mar 7, 2024
Committee
Senate requested conference committee
upper
Mar 5, 2024
Upper · Passed
Passed Senate with substitute (23-Y 17-N)
upper
Mar 5, 2024
Introduced
Engrossed by Senate as amended HB1098S2
upper
Mar 4, 2024
Senate · Passed
Senate Vote: pass (40-0)
senate
Feb 29, 2024
Upper · Passed
Reported from Finance and Appropriations with substitute (14-Y 0-N)
upper
Feb 26, 2024
Committee
Rereferred to Finance and Appropriations
upper
Feb 26, 2024
Upper · Passed
Reported from Commerce and Labor with substitute (10-Y 5-N)
upper
Feb 26, 2024
Upper · Passed
Senate committee, floor amendments and substitutes offered
upper
Feb 13, 2024
Committee
Referred to Committee on Commerce and Labor
upper
Feb 12, 2024
Lower · Passed
VOTE: Passage (51-Y 49-N)
lower
Feb 12, 2024
Lower · Passed
Read third time and passed House (51-Y 49-N)
lower
Feb 6, 2024
Lower · Passed
Reported from Labor and Commerce with substitute (12-Y 10-N)
lower
Feb 6, 2024
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Feb 1, 2024
Lower · Passed
Subcommittee recommends reporting (5-Y 2-N)
lower
Jan 23, 2024
Committee
Assigned L & C sub: Subcommittee #2
lower
Jan 10, 2024
Committee
Referred to Committee on Labor and Commerce
lower
1 primary · 22 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Sam Rasoul
DDemocratic
Co
Alfonso Lopez
DDemocratic
Co
Betsy Carr
DDemocratic
Co
Destiny LeVere Bolling
DDemocratic
Co
Elizabeth Bennett-Parker
DDemocratic
Co
Irene Shin
DDemocratic
Co
J.R. Henson
DDemocratic
Co
Jeion Ward
DDemocratic
Co
Jennifer Boysko
DDemocratic
Co
Josh Cole
DDemocratic
Co
Karen Keys-Gamarra
DDemocratic
Ask Maddy
·
AI policy assistant
Ask Maddy about HB 1098
Scope: VA
Hi! I can help you understand HB 1098. What would you like to know?
Try one of these
i
Maddy answers using official bill text and legislative records. Always verify before sharing.
Sources cited inline