Paid sick leave; employers to provide to certain employees. (HB2137)

Introduced By

Del. Elizabeth Guzman (D-Dale City) with support from 15 copatrons, whose average partisan position is:

Those copatrons are Del. Betsy Carr (D-Richmond), Del. Lee Carter (D-Manassas), Del. Josh Cole (D-Stafford), Del. Karrie Delaney (D-Centreville), Del. Patrick Hope (D-Arlington), Del. Mark Keam (D-Vienna), Del. Candi King (D-Woodbridge), Del. Paul Krizek (D-Alexandria), Del. Alfonso Lopez (D-Arlington), Del. Ken Plum (D-Reston), Del. Mark Sickles (D-Alexandria), Del. Marcus Simon (D-Falls Church), Del. Shelly Simonds (D-Newport News), Del. Suhas Subramanyam (D-Sterling), Del. Jeion Ward (D-Hampton)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. Read the Bill »


02/05/2021: In Committee


01/12/2021Prefiled and ordered printed; offered 01/13/21 21101625D
01/12/2021Referred to Committee on Labor and Commerce
01/19/2021Assigned L & C sub: Subcommittee #1
01/26/2021Subcommittee recommends reporting (5-Y 3-N)
01/26/2021Subcommittee recommends referring to Committee on Appropriations
01/28/2021Reported from Labor and Commerce (13-Y 8-N) (see vote tally)
01/28/2021Referred to Committee on Appropriations
01/28/2021Impact statement from DPB (HB2137)
01/29/2021Assigned App. sub: Compensation & General Government
02/01/2021House subcommittee amendments and substitutes offered
02/01/2021Subcommittee recommends reporting with amendments (5-Y 3-N)
02/01/2021Reported from Appropriations with amendment(s) (13-Y 9-N) (see vote tally)
02/02/2021Read first time
02/03/2021Read second time
02/03/2021Committee amendment agreed to
02/03/2021Engrossed by House as amended HB2137E
02/03/2021Printed as engrossed 21101625D-E
02/04/2021Read third time and passed House (54-Y 46-N)
02/04/2021VOTE: Passage (54-Y 46-N) (see vote tally)
02/05/2021Constitutional reading dispensed
02/05/2021Referred to Committee on Commerce and Labor
02/05/2021Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) (see vote tally)