Paid sick leave; penalty, state tax deduction. (HB851)

Introduced By

Del. David Reid (D-Loudoun) with support from co-patrons Del. Nadarius Clark (D-Portsmouth), Del. Patrick Hope (D-Arlington), Del. Kaye Kory (D-Falls Church), Del. Michelle Maldonado (D-Manassas), and Del. Marcus Simon (D-Falls Church)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Paid sick leave; penalty; state tax deduction. Requires employers, as defined in the bill, to provide 40 hours of paid sick leave, prorated to reflect the average number of hours worked per week by each employee, as defined in the bill, in the previous 12 months, for all existing eligible employees and eligible employees that have been employed for at least 12 months. For eligible employees who have been employed for less than 12 months, employers must provide 20 to 40 hours of paid sick leave, prorated to reflect the expected number of hours worked per week by each employee, as determined by the employer. Employers with at least 25 but not more than 49 full-time employees receive a nonrefundable state tax deduction equivalent to 120 percent of the value of any paid sick leave provided by an employer to an employee. Employers with existing paid sick leave policies providing at least 40 hours per year of paid sick leave are exempt from the requirements of the bill. The bill allows employers to request a hardship waiver from the Department of Labor and Industry for certain circumstances and requires employers to provide a written notice of information related to paid sick leave to each employee at the commencement of employment or by January 1, 2023. The bill requires that sick leave be available for any eligible employee to use at the commencement of employment and provides that paid sick leave may be used (i) for 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) to provide care to a family member under similar circumstances. The law prohibits employers from taking certain retaliatory actions against employees related to paid sick leave, and the bill authorizes the Department, in the case of a knowing violation, to subject an employer to a 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 the bill and to collect specified amounts from the employer, which shall be awarded to the employee. Many of the provisions of the bill currently apply to certain home health workers. The bill has a delayed effective date of January 1, 2023. Read the Bill »


Bill Has Failed


01/12/2022Prefiled and ordered printed; offered 01/12/22 22100481D
01/12/2022Referred to Committee on Commerce and Energy
01/20/2022Assigned sub: Subcommittee #4
02/08/2022House subcommittee amendments and substitutes offered
02/08/2022Subcommittee recommends laying on the table (3-Y 2-N)
02/10/2022Impact statement from DPB (HB851)
02/15/2022Left in Commerce and Energy

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