Virginia House Bill 5
Session 2026
Employment; paid sick leave, civil penalties.
Active
Passed Senate on Mar 4, 2026
Origin Chamber
House
Type
Bill
Bill Number
5
State
Virginia
Session
2026
Charlie Schmidt
Cosponsor
Jessica L. Anderson
Cosponsor
John Chilton McAuliff
Cosponsor
Karen R. "Kacey" Carnegie
Cosponsor
Kimberly Pope Adams
Cosponsor
Leslie Chambers Mehta
Cosponsor
Lily V. Franklin
Cosponsor
Stacey Annie Carroll
Cosponsor
Motion Text
H VOTE:
House Roll Call Votes
Didn't Vote
Charlie Schmidt
Yes
Yes
Ellen H. McLaughlin
No
Gretchen M. Bulova
Yes
Yes
Yes
Jessica L. Anderson
Yes
John Chilton McAuliff
Yes
Karen R. "Kacey" Carnegie
Yes
Kimberly Pope Adams
Yes
Leslie Chambers Mehta
Yes
Lily V. Franklin
Yes
Margaret A. Franklin
Yes
Mark C. Downey
Yes
Yes
Didn't Vote
Yes
Yes
Yes
Stacey Annie Carroll
Yes
Summary
A BILL to amend and reenact §§ 40.1-33.3 through 40.1-33.6 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 40.1-33.5:1 and 40.1-33.5:2 and by adding in Article 2.1 of Chapter 3 of Title 40.1 a section numbered 40.1-33.6:1, relating to employment; paid sick leave; civil penalties.
Employment; paid sick leave; civil penalties. Expands provisions of the Code that currently require one hour of paid sick leave for every 30 hours worked for home health workers to cover all employees of private employers and state and local governments. The bill requires that employees who are employed and compensated on a fee-for-service basis accrue paid sick leave in accordance with regulations adopted by the Commissioner of Labor and Industry. The bill provides that employees transferred to a separate division or location remain entitled to previously accrued paid sick leave and that employees retain their accrued sick leave under any successor employer. The bill allows employers to provide a more generous paid sick leave policy than prescribed by its provisions and specifies that employees, in addition to using paid sick leave for their physical or mental illness or to care for a family member, may use paid sick leave to seek or obtain certain services or to relocate or secure an existing home due to domestic abuse, sexual assault, or stalking.The bill provides that certain health care workers who work no more than 30 hours per month may waive the right to accrue and use paid sick leave. The bill also provides that employers are not required to provide paid sick leave to certain health care workers who are employed on a pro re nata, or as-needed, basis, regardless of the number of hours worked. The bill requires the Commissioner to promulgate regulations regarding employee notification and employer recordkeeping requirements.The bill authorizes the Commissioner, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation. The Commissioner may institute proceedings on behalf of an employee to enforce compliance with the provisions of this bill. Additionally, the bill 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. The bill has a delayed effective date of July 1, 2027.
Commerce and Labor Substitute
Engrossed
Subcommittee #2 Subcommittee Amendment
Labor and Commerce Amendment
Labor and Commerce Substitute
Fiscal Impact Statement from Department of Planning and Budget (HB5)
Sort by most recent
03/04/2026
Senate
Passed Senate with substitute (21-Y 19-N 0-A)
03/04/2026
Senate
Engrossed by Senate - committee substitute
03/04/2026
Senate
Commerce and Labor Substitute agreed to
03/04/2026
Senate
Read third time
03/03/2026
Senate
Passed by for the day (Voice Vote)
03/03/2026
Senate
Constitutional reading dispensed (on 2nd reading) (40-Y 0-N 0-A)
03/03/2026
Senate
Rules suspended
03/03/2026
Senate
Reported from Finance and Appropriations (9-Y 5-N)
02/24/2026
House
Fiscal Impact Statement from Department of Planning and Budget (HB5)
02/24/2026
Senate
Committee substitute printed 26108316D-S1
02/23/2026
Senate
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (9-Y 6-N)
02/17/2026
Senate
Referred to Committee on Commerce and Labor
02/17/2026
Senate
Constitutional reading dispensed (on 1st reading)
02/17/2026
House
Fiscal Impact Statement from Department of Planning and Budget (HB5)
02/17/2026
House
Fiscal Impact Statement from Department of Planning and Budget (HB5)
02/16/2026
House
Read third time and passed House (63-Y 35-N 0-A)
02/13/2026
House
Passed by for the day
02/12/2026
House
Engrossed by House as amended
02/12/2026
House
committee amendments agreed to
02/12/2026
House
Read second time
02/11/2026
House
Passed by for the day
02/10/2026
House
Read first time
02/06/2026
House
Reported from Appropriations (15-Y 7-N)
02/04/2026
House
Subcommittee recommends reporting (5-Y 1-N)
01/27/2026
House
Assigned HAPP sub: Commerce Agriculture & Natural Resources
01/27/2026
House
Reported from Labor and Commerce with amendment(s) and referred to Appropriations (15-Y 7-N)
01/27/2026
House
Fiscal Impact Statement from Department of Planning and Budget (HB5)
01/22/2026
House
Subcommittee recommends reporting with amendment(s) and referring to Appropriations (5-Y 2-N)
01/15/2026
House
Assigned HCL sub: Subcommittee #2
11/17/2025
House
Referred to Committee on Labor and Commerce
11/17/2025
House
Prefiled and ordered printed; Offered 01-14-2026 26102001D
Sources
VA Legislature
Open States
Record Created
Dec 14, 2025 3:01:59 PM
Record Updated
Mar 5, 2026 12:50:22 AM