Prefiling for the 2026 Virginia General Assembly session opened this week, and one of the first bills already has people talking. Delegate Kelly Convirs-Fowler of Virginia Beach introduced HB 5, a paid sick leave proposal that would significantly expand current requirements beyond home health workers to cover nearly all employees across the state.
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HB5 would:
- Expand existing paid sick leave provisions to all employees of private employers and state and local governments
- Require fee-for-service employees to accrue sick leave under regulations set by the Commissioner of Labor and Industry
- Ensure employees retain accrued sick leave when transferred to another division or under a successor employer
- Permit employees to use sick leave to seek services or relocate due to domestic abuse, sexual assault, or stalking
- Allow certain health care workers working no more than 30 hours per month to waive sick leave accrual
- Exempt employers from providing sick leave to health care workers employed on an as-needed basis
- Require the Commissioner to establish rules for employee notification and employer recordkeeping
- Impose civil penalties for violations: $150 for the first offense, $300 for the second, and $500 for each subsequent offense
- Authorize employees to bring civil actions against employers, with potential recovery of double unpaid sick leave plus damages
According to HB5, if passed, the law wouldn’t take effect July 1, 2027.
Small Business Reaction
NFIB Virginia quickly pushed back saying its small business members want delegates to reject the bill.
The association is warning that the bill woudl impose costly and inflexible mandates on small businesses already struggling with higher operating costs, a tight labor market, and economic uncertainty.
NFIB State Director Julia Hammond argued that while the intent may be good, the scope of HB 5 would make it difficult for small employers.
“Small business owners want to take care of their employees,” she said. “But this bill goes far beyond what most small employers can realistically absorb. Mandates of this size tie owners’ hands while raising costs and making it even harder to keep the doors open.”
Hammond said the measure broadens the definition of covered family members, adds to reporting and recordkeeping burdens, and creates new civil penalties and litigation exposure for all employers.
“One lawsuit could be enough to put a small business out of business for good,” she said.
The measure is especially unfair to startups, home-based businesses, and businesses with only a handful of employees, according to Hammond.
Democrats Say It’s a Mandate
Virginia House Democrats listed the bill as part of “a bold package that reflects the mandate voters delivered in November.”
“Virginians elected the largest House Democratic Majority in nearly four decades because they trust us to fight for them and deliver real results,” said Speaker Don Scott. “These first bills honor that trust.”
“Our economic agenda — from raising the minimum wage to expanding paid sick leave to strengthening housing affordability — focuses squarely on improving everyday life for working families…” said Chair Kathy Tran. “Our majority is energized, our vision is clear, and we are ready to deliver the progress Virginians deserve.”
The bill sets up what is likely to be a heated debate in the upcoming session with bills pitting worker protections against concerns over small business survival.
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