Vote Smart's Synopsis:

Vote to override the Governor's veto and pass a bill that requires the Virginia Employment Commission to create an insurance program for paid family and medical leave.

Highlights:

• Requires the Virginia Employment Commission to create a paid family and medical leave insurance program by January 1, 2027 (Sec. 60.2-801).

• Requires the Commission to begin receiving claims and paying benefits to covered individuals by January 1, 2028 (Sec. 60.2-801).

• Requires the Commission to notify employers of each claim made to the insurance program within a period of 5 days (Sec. 60.2-801).

• Specifies that information contained in files and records of claimants of the insurance programs are confidential (Sec. 60.2-801).

• Requires the Department of Human Resource Management to provide employees of the state with leave benefits equivalent to the program benefits of individuals covered by the insurance program (Sec. 60.2-801).

• Specifies the eligible beneficiaries of the insurance program include covered individuals (Sec. 60.2-802):

• Caring for a new child during the first year after the birth, adoption, or placement through foster care of that child;

• Caring for a family member with a serious health condition;

• Enduring a serious health condition that makes the covered individual unable to perform the functions of their position; 

• Caring for a covered service member who is the covered individual’s next of kin;

• Eligible for exigency leave due to a family member being on active duty or notified of a call to active duty to the armed forces; or

• Seeking safety services for the covered individual or a family member.

• Requires claimants seeking benefits due to a serious health condition to provide certification from a physician or health care provider of (Sec. 60.2-802):

• the description of the health condition;

• the date the condition began; and 

• Description of why the claimant is unable to perform the job functions. 

• Requires claimants seeking benefits due to care of a family member with a serious health condition to provide certification from a physician or health care provider of (Sec. 60.2-802):

• the description of the health condition;

• the date the condition began; and 

• Description of why the claimant must provide care to the family member. 

• Requires claimants seeking benefits due to the birth of a child to provide a birth certificate or other form of document related to the child’s health care provider (Sec. 60.2-802).

• Requires claimants seeking benefits due to the placement of a child from adoption or foster care to provide certification from a physician or health care provider or the adoption agency (Sec. 60.2-802).

• Requires claimants seeking benefits for qualifying exigency leave to provide certification of (Sec. 60.2-802):

• A copy of the family member’s active duty orders;

• Other documentation from the armed forces; or

• Other documentation as required by the Commission.

• Requires claimants seeking benefits to care for a family member who is a covered individual to provide certification from a health care provider of (Sec. 60.2-802):

• The date when the health condition began;

• The likely duration of the condition;

• The appropriate medical facts of the condition;

• A statement that the claimant is needed to care for the family member; 

• An estimate of the time needed to care for the family member; and

• A statement from the claimant that the condition is related to the covered service member’s military service. 

• Requires claimants seeking benefits to seek safety services to provide a signed statement by the covered individual to certify that the benefits are required (Sec. 60.2-802).

• Specifies that the family and medical leave benefits must be payable for a maximum of 12 weeks per application year (Sec. 60.2-803).

• Establishes the benefits of the insurance program are payable on the first day of the calendar year of the year of eligibility for covered individuals (Sec. 60.2-803).

• Requires payments of benefits of the insurance program be made a maximum of 2 weeks after the claim and every 2 weeks subsequently (Sec. 60.2-803).

• Requires the Commission to pay 80 percent of the average of the covered individual’s weekly pay, except if the covered individual’s average weekly wage is $100 or less (Sec. 60.2-804).

• Establishes a maximum weekly benefit of 120 percent of the state’s average weekly wage (Sec. 60.2-804).

• Establishes a minimum benefits payment of at least 8 hours of leave taken in 1 workweek (Sec. 60.2-804).

• Establishes a Family and Medical Leave Insurance Trust Fund in the state treasury (Sec. 60.2-805).

• Requires that all interest earned on the Fund must remain in the Fund (Sec. 60.2-805).

• Requires that money in the Fund may only be used to pay the benefits of the paid family and medical leave insurance program (Sec. 60.2-805).

• Requires the Fund to repay any payroll contributions taken to create the Fund by January 1, 2033 (Sec. 60.2-805).

• Requires expenditures and disbursements from the Fund to be made on the warrants of the Comptroller by the written request of the Commissioner (Sec. 60.2-805).

• Authorizes payroll contributions to the Fund following the manner determined by the Commission (Sec. 60.2-806).

• Requires the Commissioner to review and adjust contribution rates for the next calendar year beginning on October 1, 2026 (Sec. 60.2-806).

• Requires the Commissioner to publish the following for the year 2029 and following (Sec. 60.2-806):

• The total amount of insurance benefits paid during the previous fiscal year; 

• The total amount remaining in the Fund at the end of the fiscal year;

• The total amount of the Fund’s expenditures of benefits and administration of the insurance program for the previous fiscal year; and

• The adjusted contribution rate, which becomes effective January 1 of the next calendar year.

• Specifies that self-employed individuals are responsible for the employer portion of contributions (Sec. 60.2-806).

• Requires employers of more than 10 employees to deduct 50 percent of the contribution amount required per employee and remit the contribution to the Commission for the Fund (Sec. 60.2-806).

• Requires employers of 10 employees or less to deduct 50 percent of the contribution amount required of employers of 10 employees or more (Sec. 60.2-806).

• Limits contributions to the base limits established by the federal Social Security Administration (Sec. 60.2-806).

• Authorizes covered individuals to receive benefits on intermittent or reduced leave schedules with prorated benefits (Sec. 60.2-807).

• Requires employers to restore the position held by claimants after the expiration of benefits of the insurance claim (Sec. 60.2-808).

• Requires employers to restore any health care benefits held by claimants after the expiration of benefits of the insurance claim, if the claimant continued working through the leave and paid for the benefits (Sec. 60.2-808).

• Requires employers who violate the restoration clause to pay damages equal to (Sec. 60.2-808):

• Any wages or benefits denied or lost to the covered individual; or

• Actual monetary losses sustained by the covered individual due to the violation, with a maximum of 12 weeks of wages or salary, interest, and any liquidated damages.

• Requires violations of this clause to be brought within 2 years of the date of violation (Sec. 60.2-808).

• Prohibits employers from interfering with, restraining, or denying an employee’s attempt to exercise a right provided by this law (Sec. 60.2-809).

• Prohibits employers from taking retaliatory action against individuals who exercise the rights provided by this law (Sec. 60.2-809).

• Specifies that the benefits of this law may be received concurrently with the benefits of the Family and Medical Leave Act (Sec. 60.2-810).

• Requires employers to inform employees of the state insurance programs after hiring and annually (Sec. 60.2-811).

• Establishes a system for appeals after a claim denial by the Commissioner (Sec. 60.2-812).

• Requires judicial remedies to be allowed if administrative remedies have been exhausted (Sec. 60.2-812).

• Authorizes the Commission to add an interest rate of 1.5 percent on any unpaid contributions to the Fund (Sec. 60.2-813).

• Authorizes the Commission to collect contributions via civil action, if employers fail to make payment after notice (Sec. 60.2-813).

• Establishes exclusive original jurisdiction for the Circuit Court of the City of Richmond for legal remedies of continued delayed payments (Sec. 60.2-813).

• Authorizes the Commission to disqualify covered individuals, if the individual is determined to have made a false statement for a claim under this insurance program (Sec. 60.2-814).

• Authorizes self-employed individuals to apply for coverage under the state insurance program for a minimum period of 3 years (Sec. 60.2-815).

• Authorizes self-employed individuals to withdraw from coverage within 30 days after the end of the initial 3-year period (Sec. 60.2-815).

• Authorizes employers to enroll in a private insurance program for their employees, if the program (Sec. 60.2-816): 

• Confers the same rights and protections as the state insurance program;

• Has the same eligibility stipulations as the state program;

• Has the same maximum weeks requirement as the state program;

• Offers an equal or greater wage replacement rate than the state program;

• Offers an equal or greater maximum  and minimum weekly benefit amount than the state program; 

• Allows the intermittent leave schedule similar to the state program; 

• Covers individuals eligible for the state program; and

• The employee contribution rate does not exceed the guidelines for the state program. 

• Requires the Commission to advise covered individuals of tax responsibility, estimation of required tax payment amounts, ability to deduct taxes from benefits payments, and ability to change withholding status, if the Internal Revenue Service determines that the benefit payments of the insurance program are taxable (Sec. 60.2-817).

• Requires the Commission to share reports with the General Assembly on (Sec. 60.2-818):

• Projected and actual program participation;

• Gender of beneficiaries;

• Race and ethnicity of beneficiaries;

• Age of beneficiaries;

• Amount paid to beneficiaries per week;

• Premium rates; 

• Fund balances;

• Outreach efforts; and

• Family members for whom leave was taken for. 

• Requires the Commission to create a public, online dashboard of information on the program by July 1, 2026 (Sec. 60.2-818).

• Requires the Commission to create a public education campaign to inform workers and employers of the program and its benefits (Sec. 60.2-819).

• Establishes an Advisory Board for the implementation of this law with the following members (Sec. 60.2-821):

• 15 members total;

• 2 members of the state senate;

• 2 members of the state House of Delegates;

• 3 non-legislative citizen members appointed by the Senate Committee on Rules;

• 2 non-legislative citizen members appointed by the Speaker of the House of Delegates; and

• 6 non-legislative citizen members appointed by the Governor. 

• Requires non-legislative members to citizens of the state (Sec. 60.2-821).

• Establishes a term period of 4 years for non-legislative members of the board (Sec. 60.2-821).

• Requires compensation for legislative members of the board (Sec. 60.2-821).

• Requires the reimbursement of expenses incurred by non-legislative members of the board (Sec. 60.2-821).

Full Bill Text

Vetoed by Governor Glenn Youngkin

Vote Smart's Synopsis:

Vote to pass a bill that requires the Virginia Employment Commission to create an insurance program for paid family and medical leave.

Highlights:

• Requires the Virginia Employment Commission to create a paid family and medical leave insurance program by January 1, 2027 (Sec. 60.2-801).

• Requires the Commission to begin receiving claims and paying benefits to covered individuals by January 1, 2028 (Sec. 60.2-801).

• Requires the Commission to notify employers of each claim made to the insurance program within a period of 5 days (Sec. 60.2-801).

• Specifies that information contained in files and records of claimants of the insurance programs are confidential (Sec. 60.2-801).

• Requires the Department of Human Resource Management to provide employees of the state with leave benefits equivalent to the program benefits of individuals covered by the insurance program (Sec. 60.2-801).

• Specifies the eligible beneficiaries of the insurance program include covered individuals (Sec. 60.2-802):

• Caring for a new child during the first year after the birth, adoption, or placement through foster care of that child;

• Caring for a family member with a serious health condition;

• Enduring a serious health condition that makes the covered individual unable to perform the functions of their position; 

• Caring for a covered service member who is the covered individual’s next of kin;

• Eligible for exigency leave due to a family member being on active duty or notified of a call to active duty to the armed forces; or

• Seeking safety services for the covered individual or a family member.

• Requires claimants seeking benefits due to a serious health condition to provide certification from a physician or health care provider of (Sec. 60.2-802):

• the description of the health condition;

• the date the condition began; and 

• Description of why the claimant is unable to perform the job functions. 

• Requires claimants seeking benefits due to care of a family member with a serious health condition to provide certification from a physician or health care provider of (Sec. 60.2-802):

• the description of the health condition;

• the date the condition began; and 

• Description of why the claimant must provide care to the family member. 

• Requires claimants seeking benefits due to the birth of a child to provide a birth certificate or other form of document related to the child’s health care provider (Sec. 60.2-802).

• Requires claimants seeking benefits due to the placement of a child from adoption or foster care to provide certification from a physician or health care provider or the adoption agency (Sec. 60.2-802).

• Requires claimants seeking benefits for qualifying exigency leave to provide certification of (Sec. 60.2-802):

• A copy of the family member’s active duty orders;

• Other documentation from the armed forces; or

• Other documentation as required by the Commission.

• Requires claimants seeking benefits to care for a family member who is a covered individual to provide certification from a health care provider of (Sec. 60.2-802):

• The date when the health condition began;

• The likely duration of the condition;

• The appropriate medical facts of the condition;

• A statement that the claimant is needed to care for the family member; 

• An estimate of the time needed to care for the family member; and

• A statement from the claimant that the condition is related to the covered service member’s military service. 

• Requires claimants seeking benefits to seek safety services to provide a signed statement by the covered individual to certify that the benefits are required (Sec. 60.2-802).

• Specifies that the family and medical leave benefits must be payable for a maximum of 12 weeks per application year (Sec. 60.2-803).

• Establishes the benefits of the insurance program are payable on the first day of the calendar year of the year of eligibility for covered individuals (Sec. 60.2-803).

• Requires payments of benefits of the insurance program be made a maximum of 2 weeks after the claim and every 2 weeks subsequently (Sec. 60.2-803).

• Requires the Commission to pay 80 percent of the average of the covered individual’s weekly pay, except if the covered individual’s average weekly wage is $100 or less (Sec. 60.2-804).

• Establishes a maximum weekly benefit of 120 percent of the state’s average weekly wage (Sec. 60.2-804).

• Establishes a minimum benefits payment of at least 8 hours of leave taken in 1 workweek (Sec. 60.2-804).

• Establishes a Family and Medical Leave Insurance Trust Fund in the state treasury (Sec. 60.2-805).

• Requires that all interest earned on the Fund must remain in the Fund (Sec. 60.2-805).

• Requires that money in the Fund may only be used to pay the benefits of the paid family and medical leave insurance program (Sec. 60.2-805).

• Requires the Fund to repay any payroll contributions taken to create the Fund by January 1, 2033 (Sec. 60.2-805).

• Requires expenditures and disbursements from the Fund to be made on the warrants of the Comptroller by the written request of the Commissioner (Sec. 60.2-805).

• Authorizes payroll contributions to the Fund following the manner determined by the Commission (Sec. 60.2-806).

• Requires the Commissioner to review and adjust contribution rates for the next calendar year beginning on October 1, 2026 (Sec. 60.2-806).

• Requires the Commissioner to publish the following for the year 2029 and following (Sec. 60.2-806):

• The total amount of insurance benefits paid during the previous fiscal year; 

• The total amount remaining in the Fund at the end of the fiscal year;

• The total amount of the Fund’s expenditures of benefits and administration of the insurance program for the previous fiscal year; and

• The adjusted contribution rate, which becomes effective January 1 of the next calendar year.

• Specifies that self-employed individuals are responsible for the employer portion of contributions (Sec. 60.2-806).

• Requires employers of more than 10 employees to deduct 50 percent of the contribution amount required per employee and remit the contribution to the Commission for the Fund (Sec. 60.2-806).

• Requires employers of 10 employees or less to deduct 50 percent of the contribution amount required of employers of 10 employees or more (Sec. 60.2-806).

• Limits contributions to the base limits established by the federal Social Security Administration (Sec. 60.2-806).

• Authorizes covered individuals to receive benefits on intermittent or reduced leave schedules with prorated benefits (Sec. 60.2-807).

• Requires employers to restore the position held by claimants after the expiration of benefits of the insurance claim (Sec. 60.2-808).

• Requires employers to restore any health care benefits held by claimants after the expiration of benefits of the insurance claim, if the claimant continued working through the leave and paid for the benefits (Sec. 60.2-808).

• Requires employers who violate the restoration clause to pay damages equal to (Sec. 60.2-808):

• Any wages or benefits denied or lost to the covered individual; or

• Actual monetary losses sustained by the covered individual due to the violation, with a maximum of 12 weeks of wages or salary, interest, and any liquidated damages.

• Requires violations of this clause to be brought within 2 years of the date of violation (Sec. 60.2-808).

• Prohibits employers from interfering with, restraining, or denying an employee’s attempt to exercise a right provided by this law (Sec. 60.2-809).

• Prohibits employers from taking retaliatory action against individuals who exercise the rights provided by this law (Sec. 60.2-809).

• Specifies that the benefits of this law may be received concurrently with the benefits of the Family and Medical Leave Act (Sec. 60.2-810).

• Requires employers to inform employees of the state insurance programs after hiring and annually (Sec. 60.2-811).

• Establishes a system for appeals after a claim denial by the Commissioner (Sec. 60.2-812).

• Requires judicial remedies to be allowed if administrative remedies have been exhausted (Sec. 60.2-812).

• Authorizes the Commission to add an interest rate of 1.5 percent on any unpaid contributions to the Fund (Sec. 60.2-813).

• Authorizes the Commission to collect contributions via civil action, if employers fail to make payment after notice (Sec. 60.2-813).

• Establishes exclusive original jurisdiction for the Circuit Court of the City of Richmond for legal remedies of continued delayed payments (Sec. 60.2-813).

• Authorizes the Commission to disqualify covered individuals, if the individual is determined to have made a false statement for a claim under this insurance program (Sec. 60.2-814).

• Authorizes self-employed individuals to apply for coverage under the state insurance program for a minimum period of 3 years (Sec. 60.2-815).

• Authorizes self-employed individuals to withdraw from coverage within 30 days after the end of the initial 3-year period (Sec. 60.2-815).

• Authorizes employers to enroll in a private insurance program for their employees, if the program (Sec. 60.2-816): 

• Confers the same rights and protections as the state insurance program;

• Has the same eligibility stipulations as the state program;

• Has the same maximum weeks requirement as the state program;

• Offers an equal or greater wage replacement rate than the state program;

• Offers an equal or greater maximum  and minimum weekly benefit amount than the state program; 

• Allows the intermittent leave schedule similar to the state program; 

• Covers individuals eligible for the state program; and

• The employee contribution rate does not exceed the guidelines for the state program. 

• Requires the Commission to advise covered individuals of tax responsibility, estimation of required tax payment amounts, ability to deduct taxes from benefits payments, and ability to change withholding status, if the Internal Revenue Service determines that the benefit payments of the insurance program are taxable (Sec. 60.2-817).

• Requires the Commission to share reports with the General Assembly on (Sec. 60.2-818):

• Projected and actual program participation;

• Gender of beneficiaries;

• Race and ethnicity of beneficiaries;

• Age of beneficiaries;

• Amount paid to beneficiaries per week;

• Premium rates; 

• Fund balances;

• Outreach efforts; and

• Family members for whom leave was taken for. 

• Requires the Commission to create a public, online dashboard of information on the program by July 1, 2026 (Sec. 60.2-818).

• Requires the Commission to create a public education campaign to inform workers and employers of the program and its benefits (Sec. 60.2-819).

• Establishes an Advisory Board for the implementation of this law with the following members (Sec. 60.2-821):

• 15 members total;

• 2 members of the state senate;

• 2 members of the state House of Delegates;

• 3 non-legislative citizen members appointed by the Senate Committee on Rules;

• 2 non-legislative citizen members appointed by the Speaker of the House of Delegates; and

• 6 non-legislative citizen members appointed by the Governor. 

• Requires non-legislative members to citizens of the state (Sec. 60.2-821).

• Establishes a term period of 4 years for non-legislative members of the board (Sec. 60.2-821).

• Requires compensation for legislative members of the board (Sec. 60.2-821).

• Requires the reimbursement of expenses incurred by non-legislative members of the board (Sec. 60.2-821).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires the Virginia Employment Commission to create an insurance program for paid family and medical leave.

Highlights:

• Requires the Virginia Employment Commission to create a paid family and medical leave insurance program by January 1, 2027 (Sec. 60.2-801).

• Requires the Commission to begin receiving claims and paying benefits to covered individuals by January 1, 2028 (Sec. 60.2-801).

• Requires the Commission to notify employers of each claim made to the insurance program within a period of 5 days (Sec. 60.2-801).

• Specifies that information contained in files and records of claimants of the insurance programs are confidential (Sec. 60.2-801).

• Requires the Department of Human Resource Management to provide employees of the state with leave benefits equivalent to the program benefits of individuals covered by the insurance program (Sec. 60.2-801).

• Specifies the eligible beneficiaries of the insurance program include covered individuals (Sec. 60.2-802):

• Caring for a new child during the first year after the birth, adoption, or placement through foster care of that child;

• Caring for a family member with a serious health condition;

• Enduring a serious health condition that makes the covered individual unable to perform the functions of their position; 

• Caring for a covered service member who is the covered individual’s next of kin;

• Eligible for exigency leave due to a family member being on active duty or notified of a call to active duty to the armed forces; or

• Seeking safety services for the covered individual or a family member.

• Requires claimants seeking benefits due to a serious health condition to provide certification from a physician or health care provider of (Sec. 60.2-802):

• the description of the health condition;

• the date the condition began; and 

• Description of why the claimant is unable to perform the job functions. 

• Requires claimants seeking benefits due to care of a family member with a serious health condition to provide certification from a physician or health care provider of (Sec. 60.2-802):

• the description of the health condition;

• the date the condition began; and 

• Description of why the claimant must provide care to the family member. 

• Requires claimants seeking benefits due to the birth of a child to provide a birth certificate or other form of document related to the child’s health care provider (Sec. 60.2-802).

• Requires claimants seeking benefits due to the placement of a child from adoption or foster care to provide certification from a physician or health care provider or the adoption agency (Sec. 60.2-802).

• Requires claimants seeking benefits for qualifying exigency leave to provide certification of (Sec. 60.2-802):

• A copy of the family member’s active duty orders;

• Other documentation from the armed forces; or

• Other documentation as required by the Commission.

• Requires claimants seeking benefits to care for a family member who is a covered individual to provide certification from a health care provider of (Sec. 60.2-802):

• The date when the health condition began;

• The likely duration of the condition;

• The appropriate medical facts of the condition;

• A statement that the claimant is needed to care for the family member; 

• An estimate of the time needed to care for the family member; and

• A statement from the claimant that the condition is related to the covered service member’s military service. 

• Requires claimants seeking benefits to seek safety services to provide a signed statement by the covered individual to certify that the benefits are required (Sec. 60.2-802).

• Specifies that the family and medical leave benefits must be payable for a maximum of 12 weeks per application year (Sec. 60.2-803).

• Establishes the benefits of the insurance program are payable on the first day of the calendar year of the year of eligibility for covered individuals (Sec. 60.2-803).

• Requires payments of benefits of the insurance program be made a maximum of 2 weeks after the claim and every 2 weeks subsequently (Sec. 60.2-803).

• Requires the Commission to pay 80 percent of the average of the covered individual’s weekly pay, except if the covered individual’s average weekly wage is $100 or less (Sec. 60.2-804).

• Establishes a maximum weekly benefit of 120 percent of the state’s average weekly wage (Sec. 60.2-804).

• Establishes a minimum benefits payment of at least 8 hours of leave taken in 1 workweek (Sec. 60.2-804).

• Establishes a Family and Medical Leave Insurance Trust Fund in the state treasury (Sec. 60.2-805).

• Requires that all interest earned on the Fund must remain in the Fund (Sec. 60.2-805).

• Requires that money in the Fund may only be used to pay the benefits of the paid family and medical leave insurance program (Sec. 60.2-805).

• Requires the Fund to repay any payroll contributions taken to create the Fund by January 1, 2033 (Sec. 60.2-805).

• Requires expenditures and disbursements from the Fund to be made on the warrants of the Comptroller by the written request of the Commissioner (Sec. 60.2-805).

• Authorizes payroll contributions to the Fund following the manner determined by the Commission (Sec. 60.2-806).

• Requires the Commissioner to review and adjust contribution rates for the next calendar year beginning on October 1, 2026 (Sec. 60.2-806).

• Requires the Commissioner to publish the following for the year 2029 and following (Sec. 60.2-806):

• The total amount of insurance benefits paid during the previous fiscal year; 

• The total amount remaining in the Fund at the end of the fiscal year;

• The total amount of the Fund’s expenditures of benefits and administration of the insurance program for the previous fiscal year; and

• The adjusted contribution rate, which becomes effective January 1 of the next calendar year.

• Specifies that self-employed individuals are responsible for the employer portion of contributions (Sec. 60.2-806).

• Requires employers of more than 10 employees to deduct 50 percent of the contribution amount required per employee and remit the contribution to the Commission for the Fund (Sec. 60.2-806).

• Requires employers of 10 employees or less to deduct 50 percent of the contribution amount required of employers of 10 employees or more (Sec. 60.2-806).

• Limits contributions to the base limits established by the federal Social Security Administration (Sec. 60.2-806).

• Authorizes covered individuals to receive benefits on intermittent or reduced leave schedules with prorated benefits (Sec. 60.2-807).

• Requires employers to restore the position held by claimants after the expiration of benefits of the insurance claim (Sec. 60.2-808).

• Requires employers to restore any health care benefits held by claimants after the expiration of benefits of the insurance claim, if the claimant continued working through the leave and paid for the benefits (Sec. 60.2-808).

• Requires employers who violate the restoration clause to pay damages equal to (Sec. 60.2-808):

• Any wages or benefits denied or lost to the covered individual; or

• Actual monetary losses sustained by the covered individual due to the violation, with a maximum of 12 weeks of wages or salary, interest, and any liquidated damages.

• Requires violations of this clause to be brought within 2 years of the date of violation (Sec. 60.2-808).

• Prohibits employers from interfering with, restraining, or denying an employee’s attempt to exercise a right provided by this law (Sec. 60.2-809).

• Prohibits employers from taking retaliatory action against individuals who exercise the rights provided by this law (Sec. 60.2-809).

• Specifies that the benefits of this law may be received concurrently with the benefits of the Family and Medical Leave Act (Sec. 60.2-810).

• Requires employers to inform employees of the state insurance programs after hiring and annually (Sec. 60.2-811).

• Establishes a system for appeals after a claim denial by the Commissioner (Sec. 60.2-812).

• Requires judicial remedies to be allowed if administrative remedies have been exhausted (Sec. 60.2-812).

• Authorizes the Commission to add an interest rate of 1.5 percent on any unpaid contributions to the Fund (Sec. 60.2-813).

• Authorizes the Commission to collect contributions via civil action, if employers fail to make payment after notice (Sec. 60.2-813).

• Establishes exclusive original jurisdiction for the Circuit Court of the City of Richmond for legal remedies of continued delayed payments (Sec. 60.2-813).

• Authorizes the Commission to disqualify covered individuals, if the individual is determined to have made a false statement for a claim under this insurance program (Sec. 60.2-814).

• Authorizes self-employed individuals to apply for coverage under the state insurance program for a minimum period of 3 years (Sec. 60.2-815).

• Authorizes self-employed individuals to withdraw from coverage within 30 days after the end of the initial 3-year period (Sec. 60.2-815).

• Authorizes employers to enroll in a private insurance program for their employees, if the program (Sec. 60.2-816): 

• Confers the same rights and protections as the state insurance program;

• Has the same eligibility stipulations as the state program;

• Has the same maximum weeks requirement as the state program;

• Offers an equal or greater wage replacement rate than the state program;

• Offers an equal or greater maximum  and minimum weekly benefit amount than the state program; 

• Allows the intermittent leave schedule similar to the state program; 

• Covers individuals eligible for the state program; and

• The employee contribution rate does not exceed the guidelines for the state program. 

• Requires the Commission to advise covered individuals of tax responsibility, estimation of required tax payment amounts, ability to deduct taxes from benefits payments, and ability to change withholding status, if the Internal Revenue Service determines that the benefit payments of the insurance program are taxable (Sec. 60.2-817).

• Requires the Commission to share reports with the General Assembly on (Sec. 60.2-818):

• Projected and actual program participation;

• Gender of beneficiaries;

• Race and ethnicity of beneficiaries;

• Age of beneficiaries;

• Amount paid to beneficiaries per week;

• Premium rates; 

• Fund balances;

• Outreach efforts; and

• Family members for whom leave was taken for. 

• Requires the Commission to create a public, online dashboard of information on the program by July 1, 2026 (Sec. 60.2-818).

• Requires the Commission to create a public education campaign to inform workers and employers of the program and its benefits (Sec. 60.2-819).

• Establishes an Advisory Board for the implementation of this law with the following members (Sec. 60.2-821):

• 15 members total;

• 2 members of the state senate;

• 2 members of the state House of Delegates;

• 3 non-legislative citizen members appointed by the Senate Committee on Rules;

• 2 non-legislative citizen members appointed by the Speaker of the House of Delegates; and

• 6 non-legislative citizen members appointed by the Governor. 

• Requires non-legislative members to citizens of the state (Sec. 60.2-821).

• Establishes a term period of 4 years for non-legislative members of the board (Sec. 60.2-821).

• Requires compensation for legislative members of the board (Sec. 60.2-821).

• Requires the reimbursement of expenses incurred by non-legislative members of the board (Sec. 60.2-821).

Full Bill Text