Labor & Employment

Employee Child Care Assistance Program established. Establishes the Employee Child Care Assistance Program to provide matching funds in order to incentivize employers to contribute to the child care costs of their employees. The Program shall be administered by the Virginia Early Childhood Foundation. To participate in the Program, an employer shall agree to make child care contributions to the eligible mixed delivery provider on behalf of the employee or to a third-party administrator, as defined by the bill, and shall provide any other information deemed necessary by the Foundation. The bill specifies that, to the extent funds are available, the Foundation shall issue a state match to a third-party administrator. Program funds shall be awarded on a first-come, first-served basis; however, the bill clarifies that the Foundation is encouraged to prioritize awards to proposals involving contributions from small businesses. The bill requires the Foundation to provide an interim report to the General Assembly by September 1, 2028, and a summative report to the General Assembly by September 1, 2030, on the effectiveness and impact of the Program.

Railroad safety; minimum train crew; movement of freight. Requires a crew of at least two qualified individuals on all trains, locomotives, or light engines used in connection with moving freight except in use for hostler or utility service. The bill requires the State Corporation Commission to include in an existing report the number of probable violations of federal regulations related to railroad safety investigated by the Commission's Division of Utility and Railroad Safety and reported to the Federal Railroad Administration for enforcement. This bill is identical to SB 191.

Overtime for certain employees; domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2027. This bill is identical to SB 28.

Employee Child Care Assistance Program established. Establishes the Employee Child Care Assistance Program to provide matching funds in order to incentivize employers to contribute to the child care costs of their employees. The Program shall be administered by the Virginia Early Childhood Foundation. To participate in the Program, an employer shall agree to make child care contributions to the eligible mixed delivery provider on behalf of the employee or to a third-party administrator, as defined by the bill, and shall provide any other information deemed necessary by the Foundation. The bill specifies that, to the extent funds are available, the Foundation shall issue a state match to a third-party administrator. Program funds shall be awarded on a first-come, first-served basis; however, the bill clarifies that the Foundation is encouraged to prioritize awards to proposals involving contributions from small businesses. The bill requires the Foundation to provide an interim report to the General Assembly by September 1, 2028, and a summative report to the General Assembly by September 1, 2030, on the effectiveness and impact of the Program. This bill is identical to HB 18.

Overtime for certain employees; domestic workers. Adds domestic workers, as defined in the bill, to provisions related to overtime pay. The bill has a delayed effective date of July 1, 2027. This bill is identical to HB 27.

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning April 1, 2028. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning April 1, 2028. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly net earnings, not to exceed 100 percent of the statewide average weekly net earnings, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program. This bill is identical to HB 1207.

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.

Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with or upon whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation. This bill is identical to HB 627.

Virginia Human Rights Act; menopause or perimenopause; discrimination prohibited; report. Prohibits discrimination under the Virginia Human Rights Act on the basis of menopause or perimenopause for purposes of nondiscrimination in government programs, public accommodation, employment hiring, and reasonable employer accommodation. The bill also directs the Commissioner of Labor and Industry, in consultation with the Commissioner of Health, to conduct a study on menopause and perimenopause in the workforce, menopause and perimenopause accommodations in employment environments, and the scope of existing menopause-related and perimenopause-related policies and to develop best practices related to menopause and perimenopause accommodations in employment environments. The bill directs the Commissioners to submit such report to the Governor and General Assembly by July 1, 2028, and to post such report on the Department of Labor and Industry's website. This bill is identical to HB 1173.

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to SB 361.