HB1098
Family bereavement leave; employee restoration of position, etc.
Status:
Vetoed
Latest Action:
April 17, 2024
House: House sustained Governor's veto
Chief Patron:
Sam Rasoul (D)
Session:
2024 Regular Session
Summary
As Passed Both Chambers. Unpaid family bereavement leave; required; remedies.
Requires that an employer that employs 50 or more employees provide eligible employees, defined in the bill, with up to 10 days of unpaid family bereavement leave in any 12-month period to (i) attend the funeral or funeral equivalent of a covered family member; (ii) make arrangements necessitated by the ... (More) death of a covered family member; (iii) grieve the death of a covered family member; or (iv) be absent from work due to (a) a miscarriage, (b) an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure, (c) a failed adoption match or an adoption that is not finalized because it is contested by another party, (d) a failed surrogacy agreement, (e) a diagnosis that negatively impacts pregnancy or fertility, or (f) a stillbirth. The bill requires the employee to provide notice of his intent to take the leave if reasonable and practicable and provides that an employer may require reasonable documentation of the death or event. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking family bereavement leave and provides that, if an employer fails to provide unpaid family bereavement leave or engages in such prohibited retaliatory action, an employee may bring an action against the employer in a court of competent jurisdiction. (Less)-
Bill History
- 01/10/2024 - House: Prefiled and ordered printed; offered 01/10/24 24101688D
- 01/10/2024 - House: Referred to Committee on Labor and Commerce
- 01/23/2024 - House: Assigned L & C sub: Subcommittee #2
- 02/01/2024 - House: Subcommittee recommends reporting (5-Y 2-N)
- 02/06/2024 - House: House committee, floor amendments and substitutes offered
- 02/06/2024 - House: Reported from Labor and Commerce with substitute (12-Y 10-N)
- 02/06/2024 - House: Committee substitute printed 24107262D-H1
- 02/08/2024 - House: Read first time
- 02/09/2024 - House: Read second time
- 02/09/2024 - House: Committee substitute agreed to 24107262D-H1
- 02/09/2024 - House: Engrossed by House - committee substitute HB1098H1
- 02/12/2024 - House: Read third time and passed House (51-Y 49-N)
- 02/12/2024 - House: VOTE: Passage (51-Y 49-N) Close Floor Vote
- 02/13/2024 - Senate: Constitutional reading dispensed
- 02/13/2024 - Senate: Referred to Committee on Commerce and Labor
- 02/26/2024 - Senate: Senate committee, floor amendments and substitutes offered
- 02/26/2024 - Senate: Reported from Commerce and Labor with substitute (10-Y 5-N)
- 02/26/2024 - Senate: Committee substitute printed 24108279D-S1
- 02/26/2024 - Senate: Rereferred to Finance and Appropriations
- 02/28/2024 - House: Impact statement from DPB (HB1098S1)
- 02/29/2024 - Senate: Reported from Finance and Appropriations with substitute (14-Y 0-N)
- 02/29/2024 - Senate: Committee substitute printed 24108645D-S2
- 03/04/2024 - Senate: Constitutional reading dispensed (40-Y 0-N)
- 03/05/2024 - House: Impact statement from DPB (HB1098S2)
- 03/05/2024 - Senate: Read third time
- 03/05/2024 - Senate: Commerce and Labor Committee substitute rejected 24108279D-S1
- 03/05/2024 - Senate: Reading of substitute waived
- 03/05/2024 - Senate: Finance and Appropriations Committee substitute agreed to 24108645D-S2
- 03/05/2024 - Senate: Engrossed by Senate as amended HB1098S2
- 03/05/2024 - Senate: Passed Senate with substitute (23-Y 17-N) Close Floor Vote
- 03/06/2024 - House: Senate substitute rejected by House 24108645D-S2 (0-Y 98-N)
- 03/06/2024 - House: VOTE: REJECTED (0-Y 98-N)
- 03/07/2024 - Senate: Senate insisted on substitute (40-Y 0-N)
- 03/07/2024 - Senate: Senate requested conference committee
- 03/07/2024 - House: House acceded to request
- 03/07/2024 - House: Conferees appointed by House
- 03/07/2024 - House: Delegates: Rasoul, Herring, McNamara
- 03/07/2024 - Senate: Conferees appointed by Senate
- 03/07/2024 - Senate: Senators: Deeds, McPike, Pillion
- 03/09/2024 - Conference: Amended by conference committee
- 03/09/2024 - House: Conference substitute printed 24109162D-H2
- 03/09/2024 - House: Conference report agreed to by House (53-Y 45-N)
- 03/09/2024 - House: VOTE: Adoption (53-Y 45-N) Close Floor Vote
- 03/09/2024 - Senate: Conference report agreed to by Senate (22-Y 18-N) Close Floor Vote
- 03/25/2024 - House: Enrolled
- 03/25/2024 - House: Bill text as passed House and Senate (HB1098ER)
- 03/25/2024 - Senate: Signed by President
- 03/26/2024 - House: Signed by Speaker
- 03/27/2024 - House: Enrolled Bill communicated to Governor on March 27, 2024
- 03/27/2024 - Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
- 04/08/2024 - Governor: Vetoed by Governor
- 04/17/2024 - House: House sustained Governor's veto
