Virginia’s employment landscape could soon be changing if the Legislature approves the governor’s amendments to new proposed employment laws that could affect the rights of both employers and employees throughout the Commonwealth. The amendments to the bills made by the governor on April 13 are set to be voted on by the Virginia Legislature on April 22.

Virginia Gov. Abigail Spanberger has proposed amendments to two new laws regarding paid sick leave and paid family and medical leave, in addition to a wage transparency and salary history bill, all of which would impact Virginia businesses and employees throughout the Commonwealth.

HB5 and SB199 would amend Virginia’s paid sick leave law, expanding coverage to all public and private employees in the Commonwealth. Both bills would require employers, regardless of size, to provide employees with one hour of paid sick leave for every 30 hours worked, with an annual accrual cap of 40 hours, all of which could be used in the same year or carried over to the next.

The governor’s amendments clarify definitions and implementation details to make compliance straightforward for employers across industries.

If the governor’s amendments are approved by the Legislature, the bills would take effect July 1, 2027.

The paid family and medical leave bills would establish a payroll-funded insurance program that would provide qualifying employees with up to 12 weeks of paid leave at 80% of their average weekly wages, and contributions would be split between employers and employees.

HB1207 and SB2 would require the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2029, according to the bill. Under the program, benefits are paid to covered individuals, for family and medical leave.

The governor’s amendments define how the program will be developed and implemented, bring the program into closer alignment with federal policy, clarify definitions and eligibility, and give employers clarity in how the program works.

Another employment-related bill amended by the Virginia governor is SB215 and HB636 would establish new restrictions on Virginia employers’ use of wage or salary history in hiring employees and negotiating their compensation.

The new law, would prohibit a prospective employer from:

• seeking the wage or salary history of a prospective employee;
• relying on the wage or salary history of a prospective employee in considering the employee for employment;
• relying on the wage or salary history of a prospective employee in determining the wages or salary of the prospective employee;
• refusing to interview, hire, employ, promote, or otherwise retaliate against a prospective employee for not providing wage or salary history or requesting a wage or salary range.
• failing or refusing to disclose in each public and internal posting for each job, promotion, transfer, or other employment opportunity the wage, salary, or wage or salary range; and
• failing to set a wage or salary range in good faith.

The bill also establishes a cause of action for an aggrieved current or prospective employee and provides that an employer that violates such prohibitions is liable to the aggrieved current or prospective employee for statutory damages between $1,000 and $10,000 or actual damages, whichever is greater, reasonable attorney fees and costs, and any other legal and equitable relief as may be appropriate.

The governor’s proposed changes add an amendment to the Code of Virginia noting that wage or salary history of prospective is employees prohibited; wage or salary range transparency is required, and if violated, could result in a civil penalty.

A knowledgeable employment attorney can help you gain an understanding of the unique difficulties each workplace conflict presents and work toward a solution that benefits you. Tully Rinckey attorneys have the experience to assist both employees and employers in achieving their objectives, regardless of the matter, which may include discrimination, harassment, retaliation, or any other claim involving worker rights or employer responsibilities. Call 8885294543 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.

As Tully Rinckey PLLC Senior Counsel, Pamela Branch, a native Virginian and resident of Chesterfield County, focuses her practice on federal employment law and employment law matters originating in the Commonwealth of Virginia.