Paid Sick Leave Bill Passes Virginia House of Delegates

In Virginia, companies decide whether or not they will offer paid sick days to their employees, because there is no state policy that sets a minimum for how much sick time employers must offer. After several years of attempts, legislation to require paid sick leave for workers cleared Virginia’s House of Delegates on Monday.

House Bill 5, by Del. Kelly Convirs-Fowler, D-Virginia Beach, passed on a 63 to 35 vote.

Virginia does have a limited paid sick leave law, but it applies to a narrow scope of workers. Convirs-Fowler’s bill would expand that to all public and private sector employees in Virginia. Workers would be able to earn one hour of paid sick leave for every 30 hours worked. An adopted amendment also outlines other accrual rates for different types of workers.

“Since some businesses refuse to do it on their own accord, it’s necessary that the legislature pass paid sick leave legislation,” Richmond-area electrician Evan Hargreaves said at the Capitol, where he went to advocate for the bill.

During his time as a restaurant worker, Hargreaves said he got behind on his rent after coming down with COVID-19 two years ago and being unable to work for a few days. Convirs-Fowler’s bill would have prevented that.

Family medicine doctor David Clark also spoke in support of the bill. He said some patients have told him a doctor’s note would do them no good, as their employers won’t accept it, or that they cannot afford to stay home.

Clark called this “a public health risk” and emphasized that ensuring people can take a few days off can prevent illnesses from the common cold to more serious infections from spreading easily.

Lawmakers have carried the Democrat-led legislation for several years. With Gov. Abigail Spanberger, the new executive of the state, and HB5 framed as a top priority for Democrats, advocates hope to see it become law.

Money matters

The money to fund the bill may be a sticking point.

A fiscal impact statement from the Department of Planning and Budget estimates it would increase general fund expenditures by over $14 million and nongeneral fund expenses by about $12 million, starting in 2028.

Because the state’s general fund is made up, in part, from various types of tax revenues, Del. Wren Williams, R-Patrick, cautioned against the bill’s effect on the state’s bottom line last week.

“This is being sold to the public as ‘you’re going to get free medical leave,’ but it’s coming out of our employers’ and employees’ pockets,” Williams said.

The state’s nongeneral fund is made up, in part, from federal funding like specific grants or Medicaid. Williams also lambasted his Democratic colleagues for pursuing the legislation at a time the state is bracing for a drop in Medicaid funding due to looming federal changes to the program.

“You guys are freaking out that they’re gonna cut Medicaid from the federal government,” he added.

Former  Gov. Glenn Youngkin didn’t sign previous versions of the legislation. The measure came closest to becoming law under Youngkin’s predecessor Gov. Ralph Northam, but ultimately failed amid cost concerns and pushback from businesses, even as the public health crisis of COVID-19 was ramping up.

Democratic lawmakers and advocates said, despite the cost the bill would levy on the state, this year’s measure aligns with Spanberger’s stated affordability goals for constituents.

The bill is “about making sure working Virginians don’t have to choose between their health and their paycheck,” Convirs-Fowler said in a statement.

“We do realize that this comes with a price tag,” Virginia Interfaith Center for Public Policy Director LaKiesha Cook said. “We know that this won’t be easy to push across the finish line, but we’re feeling confident.”

The bill will now be debated in the Senate and, if approved there, will head to Spanberger for her signature, amendment, or veto.

by Charlotte Rene Woods, Virginia Mercury

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