HB 5 Virginia House of Delegates · 2026 Regular Session

Employment; paid sick leave, civil penalties.

Summary

Employment; paid sick leave; civil penalties; civil actions. Requires one hour of paid sick leave for every 30 hours worked for all employees of private employers and state and local governments, with certain exceptions. 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 paid 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 requires the Commissioner to promulgate regulations for the implementation and enforcement of the bill's provisions by July 1, 2027.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 or Attorney General may commence administrative proceedings or bring a civil action to enforce the bill's provisions. 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. Certain provisions of the bill have a delayed effective date of July 1, 2027. This bill is identical to SB 199.

Bill status vetoed 4 of 5 stages cleared

Introduction

Nov 2025

Committee Review

Mar 2026

House of Delegates Passage

Mar 2026

Senate Passage

Mar 2026

Vetoed

Apr 2026

Introduced Nov 17, 2025 Vetoed Apr 12, 2026

Maddy AI version diff · 5 comparisons

What changed between versions

Commerce and Labor Substitute → Governor Substitute · 4 edits

MODERATE

The bill was revised from a Senate substitute to a Governor substitute, shifting the proposal from a Senate-led initiative to one sponsored by the Governor. The most significant change is the addition of a new definition for 'domestic partner,' expanding the list of individuals eligible for family leave benefits. Additionally, the definition of 'employee' was updated to explicitly exclude student interns, and a conflict clause was added to ensure the bill does not override existing state laws regarding public employees.

Scope change

The bill's scope was expanded to include 'domestic partners' as family members eligible for paid sick leave, while simultaneously narrowing the definition of 'employee' to exclude student interns. A new provision was also added to clarify that this bill does not override specific laws protecting public employees.

DEFINITION

Added a new definition for 'domestic partner' to include individuals in long-term, dependent relationships or those registered with a domestic partnership registry, broadening who qualifies as a family member for leave purposes.

ELIGIBILITY

Modified the definition of 'employee' to explicitly exclude 'student interns,' who were previously covered under the general employee definition.

REQUIREMENT

Added a clause stating that if this bill conflicts with Chapter 11 of Title 51.1 (which covers public employees), the public employee provisions will take precedence.

TECHNICAL

Changed the header and sponsorship information from 'Senate Substitute' to 'House Substitute' and updated the proposal date to April 13, 2026, reflecting the Governor's intervention.

Engrossed → Enrolled · 6 edits · Mar 31, 2026

MODERATE

The bill was finalized as Enrolled legislation, incorporating significant substantive changes from the earlier Engrossed version. The most critical change is the expansion of employer coverage, which will now include all employers regardless of size by 2029, whereas the earlier version excluded certain health care workers and did not specify a minimum employee count. Additionally, the final version reorganized the statute to add a new 'Domestic partner' definition and expanded the list of eligible family members to include domestic partners, broadening who can take leave for care reasons.

Scope change

The bill's scope expanded significantly. The earlier version excluded licensed health care workers working less than 30 hours a month and omitted a minimum employee threshold. The final Enrolled version removes these exclusions, requiring all employers to provide paid sick leave regardless of size, with a phased implementation for the size threshold starting in 2027.

ELIGIBILITY

Employer coverage was expanded to include all employers regardless of size by January 1, 2029, removing the previous ambiguity about small business exemptions.

The exclusion for licensed health care workers working fewer than 30 hours per month was removed, meaning these workers must now accrue and use paid sick leave.

DEFINITION

A new definition for 'Domestic partner' was added, allowing employees to take leave to care for a domestic partner in addition to traditional family members.

The definition of 'Family member' was updated to explicitly include 'domestic partner' alongside spouses, expanding the circle of relatives eligible for care leave.

REQUIREMENT

The accrual rules were simplified; the specific exemption for fee-for-service employees and the complex regulatory language regarding them were removed.

TIMELINE

A phased timeline for employer size thresholds was added: 50 employees starting July 1, 2027; 25 employees starting January 1, 2028; and one employee starting January 1, 2029.

Labor and Commerce Substitute → Commerce and Labor Substitute · 8 edits

MODERATE

The bill was restructured from a 'Labor and Commerce' substitute to a 'Commerce and Labor' Senate substitute, which significantly altered the scope and applicability of the paid sick leave law. The new version shifts the focus from home health workers to a broader definition of employees across all industries, while introducing a phased-in employer size threshold (starting with 50 employees in 2027) and moving the effective date to July 1, 2027.

Scope change

The bill's scope expanded from targeting primarily home health workers to applying to a broader range of employees, but it introduced a phased-in applicability based on employer size, meaning smaller businesses will not be required to provide paid sick leave until later years.

SCOPE

The bill's title and introductory text changed from 'Labor and Commerce Substitute' to 'Commerce and Labor Senate Substitute', indicating a shift in legislative sponsorship and structure.

The bill was reorganized to create a new Article 2.1:1 containing sections 40.1-33.6:1 through 40.1-33.6:7, replacing the previous sections 40.1-33.3 through 40.1-33.6:1.

ELIGIBILITY

The definition of 'employee' was changed to exclude the specific home health worker definitions found in the original version, broadening the pool of covered workers.

A new phased-in employer size requirement was added: employers must have at least 50 employees to be covered starting July 1, 2027; this threshold drops to 25 employees in 2028 and one employee in 2029.

Specific provisions exempting certain licensed health care workers and pro re nata employees from paid sick leave requirements were removed in the new version.

TIMELINE

The effective date of the law was changed from the original text to July 1, 2027.

DEFINITION

The 'employee' definition was modified to explicitly exclude individuals defined under the previous home health worker section, while retaining the general definition from § 40.1-2.

REQUIREMENT

The accrual and use of paid sick leave provisions were restructured under new section numbers, altering the statutory framework for how leave is earned and utilized.

Floor votes · Senate Mar 3, 2026 · House of Delegates Mar 13, 2026

How they voted

39–0

Passed

Total votes 39

Mar 3, 2026

D Democratic20

20 Yea

100% Yea

R Republican19

19 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 12, 2026

Vetoed

Governor's recommendation received by House

executive

Mar 31, 2026

Lower · Passed

Signed by Speaker

lower

Mar 30, 2026

Upper · Passed

Signed by President

upper

Mar 30, 2026

Lower · Passed

Bill text as passed House and Senate (HB5ER)

lower

Mar 13, 2026

Upper · Passed

Conference report agreed to by Senate (21-Y 14-N 0-A)

upper

Mar 13, 2026

Lower · Passed

Conference report agreed to by House (61-Y 35-N 0-A)

lower

Mar 13, 2026

Legislature · Passed

Conference Report released

legislature

Mar 13, 2026

House Of Delegates · Passed

House of Delegates Vote: pass (51-34-2)

house of delegates

Mar 10, 2026

Committee

Senate requested conference committee

upper

Mar 4, 2026

Upper · Passed

Passed Senate with substitute (21-Y 19-N 0-A)

upper

Mar 3, 2026

Upper · Passed

Passed by for the day (Voice Vote)

upper

Mar 3, 2026

Upper · Passed

Reported from Finance and Appropriations (9-Y 5-N)

upper

Feb 23, 2026

Upper · Passed

Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (9-Y 6-N)

upper

Feb 17, 2026

Committee

Referred to Committee on Commerce and Labor

upper

Feb 16, 2026

Lower · Passed

Read third time and passed House (63-Y 35-N 0-A)

lower

Feb 13, 2026

Lower · Passed

Passed by for the day

lower

Feb 12, 2026

Introduced

Engrossed by House as amended

lower

Feb 12, 2026

Lower · Passed

committee amendments agreed to

lower

Feb 11, 2026

Lower · Passed

Passed by for the day

lower

Feb 6, 2026

Lower · Passed

Reported from Appropriations (15-Y 7-N)

lower

Feb 4, 2026

Lower · Passed

Subcommittee recommends reporting (5-Y 1-N)

lower

Jan 27, 2026

Committee

Assigned HAPP sub: Commerce Agriculture & Natural Resources

lower

Jan 27, 2026

Lower · Passed

Reported from Labor and Commerce with amendment(s) and referred to Appropriations (15-Y 7-N)

lower

Jan 22, 2026

Lower · Passed

Subcommittee recommends reporting with amendment(s) and referring to Appropriations (5-Y 2-N)

lower

Jan 15, 2026

Committee

Assigned HCL sub: Subcommittee #2

lower

Nov 17, 2025

Committee

Referred to Committee on Labor and Commerce

lower

1 primary · 51 co-sponsors