Virginia House Bill 1098
Session 2024
Family bereavement leave; employee restoration of position, etc.
Active
Vetoed by Governor on Apr 8, 2024
Origin Chamber
House
Type
Bill
Bill Number
1098
State
Virginia
Session
2024
Sam Rasoul
grade
Primary
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Cosponsor
Motion Text
VOTE: Adoption (53-Y 45-N)
House Roll Call Votes
Yes
Didn't Vote
Yes
Didn't Vote
Yes
Yes
Reaser, Atoosa R.
Yes
Yes
Summary
Unpaid family bereavement leave; civil penalty. 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. The bill requires the Commissioner of Labor and Industry to enforce its provisions and provides for civil penalties for violations of its requirements.
Unpaid family bereavement leave; civil penalty. 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. The bill requires the Commissioner of Labor and Industry to enforce its provisions and provides for civil penalties for violations of its requirements.
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.
Prefiled and ordered printed; offered 01/10/24 24101688D
January 10, 2024
Committee substitute printed 24107262D-H1
February 6, 2024
Committee substitute printed 24108279D-S1
February 26, 2024
Committee substitute printed 24108645D-S2
February 29, 2024
Conference substitute printed 24109162D-H2
March 9, 2024
Amendment: HB1098AC
Amendment: HB1098AG
Fiscal Impact Statement: HB1098FS1122.PDF
Fiscal Impact Statement: HB1098FS2122.PDF
04/17/2024
House
House sustained Governor's veto
04/08/2024
Office of the Governor
Vetoed by Governor
03/27/2024
Office of the Governor
Governor's Action Deadline 11:59 p.m., April 8, 2024
03/27/2024
House
Enrolled Bill communicated to Governor on March 27, 2024
03/26/2024
House
Signed by Speaker
03/25/2024
Senate
Signed by President
03/25/2024
House
Bill text as passed House and Senate (HB1098ER)
03/25/2024
House
Enrolled
03/09/2024
Senate
Conference report agreed to by Senate (22-Y 18-N)
03/09/2024
House
VOTE: Adoption (53-Y 45-N)
03/09/2024
House
Conference report agreed to by House (53-Y 45-N)
03/09/2024
House
Conference substitute printed 24109162D-H2
03/09/2024
Virginia General Assembly
Amended by conference committee
03/07/2024
Senate
Senators: Deeds, McPike, Pillion
03/07/2024
Senate
Conferees appointed by Senate
03/07/2024
House
Delegates: Rasoul, Herring, McNamara
03/07/2024
House
Conferees appointed by House
03/07/2024
House
House acceded to request
03/07/2024
Senate
Senate requested conference committee
03/07/2024
Senate
Senate insisted on substitute (40-Y 0-N)
03/06/2024
House
VOTE: REJECTED (0-Y 98-N)
03/06/2024
House
Senate substitute rejected by House 24108645D-S2 (0-Y 98-N)
03/05/2024
Senate
Passed Senate with substitute (23-Y 17-N)
03/05/2024
Senate
Engrossed by Senate as amended HB1098S2
03/05/2024
Senate
Finance and Appropriations Committee substitute agreed to 24108645D-S2
03/05/2024
Senate
Reading of substitute waived
03/05/2024
Senate
Commerce and Labor Committee substitute rejected 24108279D-S1
03/05/2024
Senate
Read third time
03/05/2024
House
Impact statement from DPB (HB1098S2)
03/04/2024
Senate
Constitutional reading dispensed (40-Y 0-N)
02/29/2024
Senate
Committee substitute printed 24108645D-S2
02/29/2024
Senate
Reported from Finance and Appropriations with substitute (14-Y 0-N)
02/28/2024
House
Impact statement from DPB (HB1098S1)
02/26/2024
Senate
Rereferred to Finance and Appropriations
02/26/2024
Senate
Committee substitute printed 24108279D-S1
02/26/2024
Senate
Reported from Commerce and Labor with substitute (10-Y 5-N)
02/26/2024
Senate
Senate committee, floor amendments and substitutes offered
02/13/2024
Senate
Referred to Committee on Commerce and Labor
02/13/2024
Senate
Constitutional reading dispensed
02/12/2024
House
VOTE: Passage (51-Y 49-N)
02/12/2024
House
Read third time and passed House (51-Y 49-N)
02/09/2024
House
Engrossed by House - committee substitute HB1098H1
02/09/2024
House
Committee substitute agreed to 24107262D-H1
02/09/2024
House
Read second time
02/08/2024
House
Read first time
02/06/2024
House
Committee substitute printed 24107262D-H1
02/06/2024
House
Reported from Labor and Commerce with substitute (12-Y 10-N)
02/06/2024
House
House committee, floor amendments and substitutes offered
02/01/2024
House
Subcommittee recommends reporting (5-Y 2-N)
01/23/2024
House
Assigned L & C sub: Subcommittee #2
01/10/2024
House
Referred to Committee on Labor and Commerce
01/10/2024
House
Prefiled and ordered printed; offered 01/10/24 24101688D
Sources
Open States
Record Created
Jan 10, 2024 10:22:22 PM
Record Updated
Apr 24, 2024 12:26:02 AM