A new legislative session and a new governor have brought multiple pieces of legislation that mean changes for employees throughout Virginia. The Paid Family Medical Leave (PFML) bill, which we discussed here in December, has passed. Gov. Abigail Spanberger has committed to signing it into law.
Under the PFML, employees may be able to receive 80% of their usual wages for up to 12 weeks in a year. The leave can be used:
- For an employee’s own medical needs
- To care for a family member with a serious health condition
- When bringing a new child into their home
- If an employee or family member has been the victim of domestic violence, sexual assault or stalking
- If needed in connection with a family member’s military deployment
The PFML program will be funded by employer contributions. Since these contributions aren’t scheduled to start until April 2028, the paid leave won’t begin until December of that year.
Another paid leave bill addresses accrual and employer penalties for noncompliance
Another piece of legislation that has passed both houses and awaits Gov. Spanberger’s signature will allow more working people in Virginia to take paid time off for health- and safety-related matters. It allows most employees of private and public employers to accrue one paid sick leave hour for every 30 hours they work.
That leave can be used “for their physical or mental illness or to care for a family member….[as well as] to seek or obtain certain services or to relocate or secure an existing home due to domestic abuse, sexual assault, or stalking.” Unlike the PMFL legislation, this bill involves the accrual of paid sick leave for full-time and part-time employees rather than the program itself.
Further, it details potential financial penalties for employers who fail to comply. These penalties increase with each violation, with the third and each subsequent violation carrying a $500 penalty. In addition, it “authorizes an aggrieved employee to bring a civil action against the employer in which he may recover double the amount of any unpaid sick leave and the amount of any actual damages suffered as the result of the employer’s violation.”
These are just two of the changes that will be taking effect in the upcoming years that will benefit Virginia employees. There are others as well.
While it’s crucial that employers know the current law, it’s also wise for employees to know their rights under the law so that they can advocate for them and take action when those rights are violated. Having experienced legal guidance can help.