Labor & Employment (Public Employees)

State officers and employees; state agencies to establish alternative work schedules; reporting requirement. Adds to the annual reporting requirements of each state agency the requirement to include what percentage of changes to the number of employees participating in telecommuting and alternative work is a result of changes in workforce size, a reclassification of positions, or an expansion of telecommuting and alternative work opportunities and the number of employees approved and denied telecommuting and alternative work eligibility. The bill also requires the Department of Human Resource Management to review and publish on its website the statewide telecommuting and alternative work schedule policy every two years.

School board policies; unpaid educational leave for certain employee association officers; purchase of service credit. Requires each school board to adopt a policy to approve unpaid educational leave for school board employees who are state employee association executive officers and for up to two school board employees who are local employee association officers for a maximum of four years per officer. The bill permits employee association officers approved for such leave to purchase service credit with the Virginia Retirement System for such period of leave.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to HB 1263.

Virginia Personnel Act; hiring preference in state government; certain former federal employees. Allows for an applicant's status as a former federal employee to be given consideration when applying for employment with the Commonwealth if such applicant was terminated from a position of employment with the federal government on or after January 1, 2025, due to a reduction in the federal budget or initiatives put in place by the federal Department of Government Efficiency, provided that such person meets all of the knowledge, skill, and ability requirements for the available position. The bill directs the Department of Human Resource Management, on or before January 1 of each year, to submit a report to the Governor and the General Assembly that includes the number of job applications submitted by candidates who self-identified as former federal employees, as well as the number of jobs offered to such candidates. The bill has an expiration date of January 21, 2029.

State employee health insurance plan; coverage for prosthetic devices. Provides that the plan established by the Department of Human Resource Management for the provision of health insurance coverage for state employees shall include coverage for medically necessary prosthetic devices and their repair, fitting, replacement, and components.

Private companies providing public transportation services; employee protections; report. Requires the governing body of any county or city that contracts with a private company to provide transportation services to (i) require such company to provide any employee of such company providing such services compensation and benefits that are, at a minimum, equivalent to the compensation and benefits provided to a public employee, as defined in the bill, with a position requiring equivalent qualifications and years of service; (ii) provide transportation services through such company's own employees; and (iii) if such county or city subsequently elects to provide its own system of public transportation, adopt an ordinance or resolution providing for collective bargaining and ensure all employees of such private company are offered employment with such subsequent public transportation system without loss of compensation or benefits. The bill clarifies that the bill only applies to actions occurring on or after the effective date and excludes any action taken, contract signed, liability incurred, or right accrued prior to July 1, 2026, from the requirements. Finally, the bill directs the Director of the Department of Rail and Public Transportation to convene a work group to develop recommendations on how to implement the provisions of the bill and requires the work group to report its findings and recommendations to the Chairs of the House Committee on Labor and Commerce and Senate Committee on Local Government by November 1, 2026. This bill is identical to HB 547.

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.

Private companies providing public transportation services; employee protections; report. Requires the governing body of any county or city that contracts with a private company to provide transportation services to (i) require such company to provide any employee of such company providing such services compensation and benefits that are, at a minimum, equivalent to the compensation and benefits provided to a public employee, as defined in the bill, with a position requiring equivalent qualifications and years of service; (ii) provide transportation services through such company's own employees; and (iii) if such county or city subsequently elects to provide its own system of public transportation, adopt an ordinance or resolution providing for collective bargaining and ensure all employees of such private company are offered employment with such subsequent public transportation system without loss of compensation or benefits. The bill clarifies that the bill only applies to actions occurring on or after the effective date and excludes any action taken, contract signed, liability incurred, or right accrued prior to July 1, 2026, from the requirements. Finally, the bill directs the Director of the Department of Rail and Public Transportation to convene a work group to develop recommendations on how to implement the provisions of the bill and requires the work group to report its findings and recommendations to the Chairs of the House Committee on Labor and Commerce and Senate Committee on Local Government by November 1, 2026. This bill is identical to SB 731.

Employment decisions; automated decision systems; civil penalty. Provides that the Director of the Department of Human Resource Management shall require any state agency that uses an automated decision system as a substantial factor in any employment decision, as those terms are defined in the bill, to (i) ensure that such system and the use of such system complies with federal and state law, (ii) make certain disclosures, (iii) provide an opt-out mechanism, (iv) annually test such system, (v) ensure data security, and (vi) train agency staff on such system. The bill requires the Department and local government employers to establish and publicize a process for applicants for employment and employees to file concerns and complaints regarding the use of automated decision systems in such employment decisions and a process for the investigation and resolution of any such concerns and complaints. The bill also provides that no final employment decision shall be made by an employer without the involvement of a human decision maker, and no employer shall solely use any recommendation or prediction from an automated decision system to make a final employment decision. The bill subjects violating employers to civil penalties.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to SB 378.