Public & private employers; paid sick leave to eligible employees that can be used during pandemic. (SB5076)

Introduced By

Sen. Barbara Favola (D-Arlington) with support from co-patrons Sen. Jennifer Boysko (D-Herndon), and Sen. Jennifer McClellan (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Paid sick time. Requires public and private employers to provide eligible employees paid sick time that can be used during a pandemic. The bill requires employers to provide all full-time and part-time employees with paid sick time if the Governor has declared a state of emergency in response to a communicable disease of public health threat. The bill provides that such paid sick time is available for immediate use by the employee, regardless of how long the employee has been employed by the employer and does not count toward the employee's paid sick time use or accrual limit. The bill provides that such paid sick time may be used for (i) an eligible employee's illness or health condition related to the communicable disease of public health threat; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the communicable disease of public health threat; or an eligible employee's need for preventive medical care related to the communicable disease of public health threat; (ii) care of a family member with an illness or health condition related to the communicable disease of public health threat; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the communicable disease of public health threat; or care of a family member who needs preventive medical care related to the communicable disease of public health threat; or (iii) closure of the eligible employee's place of business by order of a public official due to the communicable disease of public health threat or an eligible employee's need to care for a child whose school or child care provider is closed or unavailable due to the communicable disease of public health threat, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the communicable disease of public health threat, whether or not the eligible employee or family member has actually contracted the communicable disease. The bill provides for full-time employees to earn up to 40 additional hours of paid sick time. Employees earn such sick time at a rate of one hour of paid sick leave benefit for every 30 hours worked. An employee is prohibited from earning or using more than 40 hours of such paid sick time in a year, unless the employer selects a higher limit. The bill provides that earned paid sick time may be used for (a) an eligible employee's illness or health condition related to the communicable disease of public health threat; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the communicable disease of public health threat; or an eligible employee's need for preventive medical care related to the communicable disease of public health threat; (b) care of a family member with an illness or health condition related to the communicable disease of public health threat; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the communicable disease of public health threat; or care of a family member who needs preventive medical care related to the communicable disease of public health threat; (c) closure of the eligible employee's place of business by order of a public official due to the communicable disease of public health threat or an eligible employee's need to care for a child whose school or child care provider is closed or unavailable due to the communicable disease of public health threat, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the communicable disease of public health threat, whether or not the eligible employee or family member has actually contracted the communicable disease; (d) closure of the employee's place of business by order of a public official due to the communicable disease of public health threat; or (e) providing care or arranging for care for a child whose school or child care provider is closed, unavailable, or is only providing virtual learning due to the communicable disease of public health threat. The bill prohibits employers from taking certain retaliatory actions against employees related to earned paid sick leave and authorizes the Commissioner of Labor and Industry, 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, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this bill and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The bill has a delayed effective date of January 1, 2021. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
08/17/2020Prefiled and ordered printed; offered 08/18/20 20200579D
08/17/2020Referred to Committee on Commerce and Labor
08/19/2020Senate committee, floor amendments and substitutes offered
08/19/2020Passed by indefinitely in Commerce and Labor (12-Y 3-N) (see vote tally)
08/26/2020Impact statement from DHCD/CLG (SB5076)

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