Family bereavement leave; employee restoration of position, etc. (HB1098)

Introduced By

Del. Sam Rasoul (D-Roanoke) with support from co-patrons Del. Nadarius Clark (D-Portsmouth), Del. Josh Cole (D-Fredericksburg), Del. Karen Keys-Gamarra (D-Fairfax), and Del. Marty Martinez (D-Leesburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Unpaid family bereavement leave; required; remedies. Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave and provides that, if an employer fails to provide unpaid family bereavement leave or engages in such prohibited retaliatory action, an employee may bring an action against the employer in a court of competent jurisdiction. Read the Bill »


The fiscal impact statement indicates that the legislation to study employer-provided unpaid family bereavement leave may result in a fiscal impact of $50,000. This cost is expected to be absorbed within existing resources of the Department of Labor and Industry. There is no anticipated fiscal impact for the Department of Human Resource Management.

Fiscal impact statement automatically summarized by OpenAI.


Bill Has Failed


01/10/2024Prefiled and ordered printed; offered 01/10/24 24101688D
01/10/2024Referred to Committee on Labor and Commerce
01/23/2024Assigned L & C sub: Subcommittee #2
02/01/2024Subcommittee recommends reporting (5-Y 2-N)
02/06/2024House committee, floor amendments and substitutes offered
02/06/2024Reported from Labor and Commerce with substitute (12-Y 10-N) (see vote tally)
02/06/2024Committee substitute printed 24107262D-H1
02/08/2024Read first time
02/09/2024Read second time
02/09/2024Committee substitute agreed to 24107262D-H1
02/09/2024Engrossed by House - committee substitute HB1098H1
02/12/2024Read third time and passed House (51-Y 49-N)
02/12/2024VOTE: Passage (51-Y 49-N) (see vote tally)
02/13/2024Constitutional reading dispensed
02/13/2024Referred to Committee on Commerce and Labor
02/26/2024Senate committee, floor amendments and substitutes offered
02/26/2024Reported from Commerce and Labor with substitute (10-Y 5-N) (see vote tally)
02/26/2024Committee substitute printed 24108279D-S1
02/26/2024Rereferred to Finance and Appropriations
02/28/2024Impact statement from DPB (HB1098S1)
02/29/2024Reported from Finance and Appropriations with substitute (14-Y 0-N) (see vote tally)
02/29/2024Committee substitute printed 24108645D-S2
03/04/2024Constitutional reading dispensed (40-Y 0-N)
03/05/2024Impact statement from DPB (HB1098S2)
03/05/2024Read third time
03/05/2024Commerce and Labor Committee substitute rejected 24108279D-S1
03/05/2024Reading of substitute waived
03/05/2024Finance and Appropriations Committee substitute agreed to 24108645D-S2
03/05/2024Engrossed by Senate as amended HB1098S2
03/05/2024Passed Senate with substitute (23-Y 17-N)
03/06/2024Senate substitute rejected by House 24108645D-S2 (0-Y 98-N)
03/06/2024VOTE: REJECTED (0-Y 98-N)
03/07/2024Senate insisted on substitute (40-Y 0-N)
03/07/2024Senate requested conference committee
03/07/2024House acceded to request
03/07/2024Conferees appointed by House
03/07/2024Delegates: Rasoul, Herring, McNamara
03/07/2024Conferees appointed by Senate
03/07/2024Senators: Deeds, McPike, Pillion
03/09/2024C Amended by conference committee
03/09/2024Conference substitute printed 24109162D-H2
03/09/2024Conference report agreed to by House (53-Y 45-N)
03/09/2024VOTE: Adoption (53-Y 45-N)
03/09/2024Conference report agreed to by Senate (22-Y 18-N)
03/25/2024Bill text as passed House and Senate (HB1098ER)
03/25/2024Signed by President
03/26/2024Signed by Speaker
03/27/2024Enrolled Bill communicated to Governor on March 27, 2024
03/27/2024G Governor's Action Deadline 11:59 p.m., April 8, 2024
04/08/2024G Vetoed by Governor
04/17/2024House sustained Governor's veto

Post a Public Comment About this Bill

if you have one

(Limited HTML is OK: <a>, <em>, <strong>, <s>)