Virginia enacts 'scaled-down' paid leave

As the 2021 Virginia General Assembly session got under way, proponents of paid sick and family medical leave for employees had high hopes the legislature would follow other states' lead and pass legislation to require Virginia employers to provide the leave, especially in light of the continuing COVID-19 pandemic. Delegate Elizabeth R. Guzman of Prince William County and Senator Barbara A. Favola of Arlington each proposed legislation mandating paid leave (see "Virginia Legislature to debate paid leave" in our March 2021 issue). While differing in terms of which employers would be covered and the circumstances and amount of paid time off they would require, the proposed bills represented a significant step in what has become a nationwide push to recognize paid leave as a universally accepted employee right.

Legislative action

In early February, the Virginia House of Delegates passed Guzman's bill, which would guarantee paid sick leave for certain "essential workers," such as first responders, grocery store employees, home health and domestic workers, and prison personnel. The proposal required employers to provide the workers with 40 hours of paid sick leave per year, with exemptions for retail companies that have fewer than 25 workers. The bill also allowed covered employers to seek a hardship waiver.

After passing the house, the bill went to the senate, where it was considered by the Senate Commerce and Labor Committee. Although the house bill was supported by the Virginia Interfaith Center and a coalition of small businesses, the legislation faced tough sledding in the senate panel.