Subcommittee reports substitute for HB5 to expand paid sick leave; business groups raise litigation and cost concerns

Delegate Fowler presented HB5 and discussed line amendments that, among other changes, treat certain relief workers differently and assume a 40‑hour workweek for employees covered under 29 C.F.R. §825.801 for accrual calculations. The patron said the bill would extend five paid sick days per calendar year to private employees and state and local government workers.

A large coalition of labor, faith, public‑health and legal advocates testified in favor, arguing paid sick leave reduces disease spread, improves worker retention and prevents the untenable choice between income and health. Testimony cited that roughly 41% of private‑sector workers in Virginia lack paid sick days.

Opposition included the Virginia Chamber of Commerce, airlines and small business groups that cited enforcement and litigation risks (double damages and civil suits), concerns about federal preemption for airlines, and burdens on seasonal, small and Medicaid‑funded providers. Airline witnesses said federal laws governing carriers could preempt state leave requirements and that similar laws in other hub states face ongoing litigation.

After questions and discussion, the subcommittee reported the substitute with amendments and referred HB5 to appropriations by a 5–2 vote.