Paid family and medical leave insurance program

This is a bill to add a new part to Virginia law about a paid family and medical leave program.  

• Family and Medical Leave: A job benefit where workers can take several weeks off of work without losing their job, if them or their family has a medical problem.

• If this bill passes: 

  • The Virginia Employment Commission, a group that makes rules about employment in Virginia, will: 

    • set up and run the program by January 1, 2028 

    • Start collecting money for it.  

    • Will begin accepting asks for benefits and paying out, by Jan 1, 2029.  

  • The state office in charge of benefits for workers will make rules to make sure that the benefits for people who work for the state are at least as good as the ones in this program.  

  • Benefits start on January 1, 2029, for workers who can get them who are: 

    • Caring for a new kid 

    • Or a family member with a serious health issue

    • Or are disabled due to health 

    • Caring for a covered service member 

    • Taking a break from the military

    • Seeking safety services.  

  • Proving that you’re doing any of these things includes: 

    • Medical paperwork

    • birth or adoption paperwork

    • Military orders

    • Signed paperwork.  

  • Medical info stays private unless a court says they need to be shared    

  • Benefits can be paid for up to 12 weeks in each year a person applies for them.

  • Benefits start once official paperwork says a person can get them.  

    • The first payment is two weeks after a person gets this paperwork 

    • Or at the start of their break 

    • The next payments are sent out every two weeks.  

  • Weekly benefits are 80% of what the person would usually make

    • Has limits of how much that can be 

    • And a lowest amount of $100.  

    • The limit changes each year to match what the state usually pays each week.  

  • At least eight hours of leave each week can be paid unless a lower amount is decided.  

  • People who have their own business can choose how much they want to pay and how many options they have.

    • They can choose to take part for three years or more.  

    • They must turn in paperwork saying they agree to share how much money they make  

    • After three years, they can turn in paperwork to stop having leave options.  

  • People who have other people working for them take a little bit of money from the pay and put it towards this benefit.

    • This is the same no matter how many people are working for them.

  • People who need this benefit can take their break for a few days at a time or by working a little less each week.

  • When people use this benefit their other benefits do not change. 

  • Workers must: 

    • Be allowed to go back to the same job when they come back.  

    • Get the same health benefits while away that they would if they were working. 

  • Bosses who break these rules may have to: 

    • Pay extra money

    • Bring back the worker

    • Promote the worker. 

  • When rules are broken:

    • A court can provide money for lawyers.  

    • Lawsuits have to start within two years of breaking the rule, or 

      • Three years if the rule was broken on purpose.

  • If a worker goes to a court or chooses to use their Family and Medical Leave, their boss or other people cannot punish them for it.

    • Treating a worker differently or poorly because they chose to use Family and Medical Leave is against the law.  

  • Paid leave is the same as regular time off. 

    • The worker cannot get in trouble for using this.  

  • People who have other people working for them can make workers combine this leave with other breaks if they write down this rule ahead of time.  

  • The changes in this bill cannot be gotten rid of by changes to the law that happen after 2027.  

  • People who have other people working for them have to share information with the people working for them, including: 

    • Rights

    • Benefits

    • How to get the benefits

    • That their job is safe while they use family and medical leave

    • The rules that say they cannot be treated differently for taking the leave.

    • How to make a complaint if something goes wrong.

  • These messages have to be translated into any language spoken by at least 5% of people who work there.  

  • Workers have to tell the person they are working for as soon as possible when they are planning to use Family & Medical Leave.  

  • The leader of the Virginia Employment Commission will set up a process where complaints will be handled within three months.  

    • After trying all the choices with the Commission, people can ask a court to look over it.  

      • The details will still be kept private.  

  • When bosses who have to pay into workers plans do not pay: 

    • they will have to pay 1.5% more each month.

    • Can get sued and have to pay legal fees

      • The court can stop operations until owed contributions are paid.  

  • Lying or hiding info can stop someone from getting benefits for a year.  

  • If someone who has other people working for them pays to much for worker benefits, the government can pay for them or get rid of  the mistake when they choose to.

  • People in charge of workers benefits can turn in paperwork to run private plans that follow all the rules.  

    • Private plans must fully cover workers.  

    • Plans can lose approval if they break rules like not paying out benefits, using the money wrong, or not following the rules.  

  • People can bring problems to the Virginia Employment  Commission or to court. 

  • If benefits can be taxed, people will be told when they turn in paperwork to get them, including:

    • Tax decisions

    • Amounts of money they will receive

    • Choices they have for some of the money they will be taxed on to be held ahead of tax time 

    • Any changes.  

  • Public education:

    • The Virginia Employment Commission will share info about: 

      • Benefits

      • Rights 

      • Who is paying for what

      • How long things will take  

    • This information will be available in many different languages.  .  

  • State government offices can share information without breaking the law to help figure out what benefits are available.   

  • A group called a Board will be created to start and manage the program.  

    • 18 members: 5 lawmakers and 13 regular people.

    • Regular people members are a part for four years at a time, with limits on how many times they can be part of the group  

    • The Board chooses leaders and meets at least four times every year.  

    • The Virginia Employment Commission will create rules by July 1, 2027.  

  • The government office in charge of worker benefits in the state will update rules by January 1, 2027, making sure current worker benefits aren’t made to be less.

Position Statement:

New Disabled South supports the proposed changes in the bill. These changes will help the people of Virginia take better care of themselves and their families when having medical challenges, without the worry of losing a job.