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HB5Introduced in the House of Delegates

Employment; paid sick leave, civil penalties.

Passed

Introduced by Kelly Convirs-Fowler, District 96

What does this bill do?

Plain-English breakdown

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Official description

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.

Where it stands

Acts of Assembly Chapter text (CHAP1128)

May 20, 2026

How did lawmakers vote?

House of Delegates votes

7 recorded votes · each counted separately

Senate votes

6 recorded votes · each counted separately

SenateStage: Conference report agreed to by Senate (21-Y 14-N 0-A) · March 13, 2026

21

Yes

14

No

5

Absent or Not Voting

40 senators recorded in this Senate vote. Colors show vote categories only, not whether a vote was good or bad.

See how each senator voted

SenatorDistrictVote
Elizabeth Bennett-Parker5Yes
Michael Jones77Yes
Timmy French1No
Mark Obenshain2No
Chris Head3No
David Suetterlein4No
Travis Hackworth5No
Todd Pillion6No
William Stanley7Absent
Mark Peake8Absent

Bill history

  1. Prefiled and ordered printed; Offered 01-14-2026 26102001D

  2. Referred to Committee on Labor and Commerce

  3. Assigned HCL sub: Subcommittee #2

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

  5. Fiscal Impact Statement from Department of Planning and Budget (HB5)

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

  7. Assigned HAPP sub: Commerce Agriculture & Natural Resources

  8. Subcommittee recommends reporting (5-Y 1-N)

  9. Reported from Appropriations (15-Y 7-N)

  10. Read first time

  11. Passed by for the day

  12. Read second time

  13. committee amendments agreed to

  14. Engrossed by House as amended

  15. Passed by for the day

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

  17. Fiscal Impact Statement from Department of Planning and Budget (HB5)

  18. Fiscal Impact Statement from Department of Planning and Budget (HB5)

  19. Constitutional reading dispensed (on 1st reading)

  20. Referred to Committee on Commerce and Labor

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

  22. Committee substitute printed 26108316D-S1

  23. Fiscal Impact Statement from Department of Planning and Budget (HB5)

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

  25. Rules suspended

  26. Constitutional reading dispensed (on 2nd reading) (40-Y 0-N 0-A)

  27. Passed by for the day (Voice Vote)

  28. Read third time

  29. Commerce and Labor Substitute agreed to

  30. Engrossed by Senate - committee substitute

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

  32. Senate substitute rejected by House (3-Y 95-N 0-A)

  33. Senate insisted on substitute (40-Y 0-N 0-A)

  34. Senate requested conference committee

  35. House acceded to request

  36. Conferees appointed by Senate

  37. Senate Conferees: Favola, Deeds, Peake

  38. Conferees appointed by House

  39. House Conferees: Convirs-Fowler, Feggans, Wilt

  40. Conference Report released

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

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

  43. Fiscal Impact Statement from Department of Planning and Budget (HB5)

  44. Enrolled

  45. Bill text as passed House and Senate (HB5ER)

  46. Signed by President

  47. Signed by Speaker

  48. Enrolled Bill communicated to Governor on March 31, 2026

  49. Governor's Action Deadline 11:59 p.m., April 13, 2026

  50. Fiscal Impact Statement from Department of Planning and Budget (HB5)

  51. Governor's recommendation received by House

  52. Governor's Recommendation

  53. Passed by for the day

  54. Passed by for the day

  55. Communicated to Governor

  56. Governor's Action Deadline 11:59 p.m., May 23, 2026

  57. Approved by Governor-Chapter 1128 (Effective 7/1/2027)

  58. Acts of Assembly Chapter text (CHAP1128)

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