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.
Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to SB 361.
Virginia Human Rights Act; unlawful discriminatory practices; civil actions; statute of limitations. Provides that a complaint alleging discrimination in employment in violation of the Virginia Human Rights Act shall be filed no later than two years from the day upon which the alleged discriminatory practice occurred. Under current law, the filing requirement is no later than 300 days. The bill further provides that if 180 days have passed since a complaint was filed in a local human rights commission, an aggrieved person may commence a timely civil action in an appropriate general district or circuit court. Under current law, such allowance is limited to filings in the Office of Civil Rights of the Department of Law.
Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with or upon whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation. This bill is identical to SB 128.
Virginia Human Rights Act; menopause or perimenopause; discrimination prohibited; report. Prohibits discrimination under the Virginia Human Rights Act on the basis of menopause or perimenopause for purposes of nondiscrimination in government programs, public accommodation, employment hiring, and reasonable employer accommodation. The bill also directs the Commissioner of Labor and Industry, in consultation with the Commissioner of Health, to conduct a study on menopause and perimenopause in the workforce, menopause and perimenopause accommodations in employment environments, and the scope of existing menopause-related and perimenopause-related policies and to develop best practices related to menopause and perimenopause accommodations in employment environments. The bill directs the Commissioners to submit such report to the Governor and General Assembly by July 1, 2028, and to post such report on the Department of Labor and Industry's website. This bill is identical to SB 258.
Labor and employment provisions; application of law; protection of employees; definition of employer. Provides that the exemption for the Commonwealth, any of its agencies, institutions, or political subdivisions, or any public body under Title 40.1 does not apply when expressly provided otherwise. The bill defines "public body" as the term relates to labor and employment and provides that for the purposes of various requirements related to the protection of employees, the definition of "employer" includes the Commonwealth and its agencies, institutions, and political subdivisions, and any public body.
Virginia Public Procurement Act; additional public works contract requirements; report. Provides that public bodies shall require the contractor and its subcontractors for any construction contract, as defined in the bill, to complete certain safety training programs and maintain records of compliance with applicable laws. The bill requires written authorization from a state public body before any party to a construction contract provides remuneration to more than one independent contractor when such contract is valued at greater than $5 million. If a construction contract with a local public body is valued at greater than $5 million the prime contractor shall provide written notification to the local public body justifying remuneration to any independent contractor. The foregoing provisions of the bill have a delayed effective date of July 1, 2027.Effective in due course, the bill requires the Secretary of Labor to conduct an 18-month evaluation regarding the feasibility of requiring public bodies to hire apprentices on public works contracts. The bill also directs the Department of General Services and the Department of Labor and Industry to develop guidelines to assist state public bodies in making the determinations required to issue an authorization allowing a contractor, subcontractor, or other party to a public works contract to provide remuneration to an independent contractor in connection with such contract. The Department of General Services shall publish such guidelines on its website no later than July 1, 2027. This bill is identical to SB 324.
Authority of local governments; service employees. Permits a locality to provide for certain requirements concerning successor service employers, defined in the bill, by local ordinance or resolution. For example, such local ordinance or resolution may require that successor service employers retain incumbent service employees during a transition period of 90 days. Under the bill, service employees are those who perform work in connection with the care or maintenance of property, services at an airport, or food preparation services at schools. The bill provides that an employer that violates the provisions of a local ordinance or resolution enacted pursuant to the bill may be subject to a civil action and monetary damages. This bill is identical to SB 430.
Workers' compensation. Provides that, for the purposes of workers' compensation for post-traumatic stress disorder incurred by a law-enforcement officer or firefighter, an incident or exposure without any accompanying physical injury occurring in the line of duty on or after January 1, 2027, is a qualifying event, as defined in the bill. The bill has a delayed effective date of January 1, 2027.
Wage garnishment; state tax debt. Provides that the maximum part of the aggregate disposable earnings of an individual for any workweek that is subject to garnishment to collect delinquent taxes and charges owed to the state government shall not exceed the lesser of (i) 25 percent of such individual's disposable earnings for that week or (ii) the amount by which such individual's disposable earnings exceed 40 times the federal or Virginia minimum wage, whichever is greater. The bill also directs the Department of Taxation to recognize Currently Not Collectible status granted by the Internal Revenue Service and to offer taxpayers with such status a similar Virginia status with comparable protections from collection activities. The bill contains technical amendments and has a delayed effective date of July 1, 2027.
