27 May

May 2021 Virginia HR Legal Updates

Posted at

1:45pm

in

Virginia Mandates Paid Leave for Certain Healthcare Workers

Update Applicable to:
Employers with home health workers as employees in Virginia.

What happened?
House Bill 2137 has gone into effect, requiring employers to provide paid sick leave to their home health workers.

What are the details?
Home health workers are defined as employees who, “provide personal care, respite, or companion services,” to patients enrolled in Medicaid. The bill provides that employers must offer paid sick leave to these employees. The paid sick leave will accrue at a rate of one per 30 hours worked. Any unused hours must be allowed to carry over to the following year in which it accrued. The employee may take the leave to care of their  health needs, or for a family member who is sick. Family is defined as “any other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.” Employers may not retaliate against employees for using this leave. Employers may request notice beforehand of the need to use paid sick leave, within reason. However, this procedure must be provided in writing. Employees may still use paid sick leave for unforeseeable instances. Employees must provide reasonable documentation to substantiate the need for the leave if the duration is three or more days in duration.

House Bill 2137 can be found here.

What do employers need to do?
Employers should update their leave policy for the applicable employees to accommodate this new requirement.

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