Virginia HB 64: Child's school activities; employers to allow parental leave for activities.

Bill Text

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2020 SESSION

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20101190D

HOUSE BILL NO. 64 

Offered January 8, 2020 

Prefiled December 4, 2019 

A BILL to amend the Code of Virginia by adding in Article 1 of 
 Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7, relating to employee 
 leave for child's school activities. 
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Patron-- Miyares 

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Referred to Committee on Labor and Commerce 

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 
 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:7 as follows:

� 40.1-28.7:7. Employers to 
 allow parents leave for school activities.

A. As used in this section, 
 "school" means any public school; private church school, church of 
 religious charter, or nonpublic school that regularly provides a course of 
 grade school instruction; preschool; or child care facility.

B. Every employer shall grant four hours 
 of leave per year to each of its 
 employees who is a parent, guardian, or person standing in loco parentis of a 
 school-aged child so that the employee may attend parent-teacher 
 conferences, volunteer at the child's 
 school, or otherwise be 
 involved in the child's school. Any leave 
 under this section is subject to the following:

1. The employee shall take 
 the leave at a time mutually agreed upon with the employer;

2. The employer may require 
 the employee to provide the employer with a written request for the leave at 
 least 48 hours before the time desired for the leave; and 

3. The employer may require 
 the employee to furnish written verification from the child's school that the 
 employee attended or was otherwise involved at the school at the time of the 
 leave.

C. Employers shall not 
 discharge, demote, or otherwise take an adverse employment action against an 
 employee who requests or takes leave under this section. Nothing in this 
 section shall require an employer to pay an employee for leave taken under this 
 section.

D. An employee who is demoted 
 or discharged or who has had an adverse employment action taken against him or 
 her in violation of this section may bring a civil action within one year from 
 the date of the alleged violation against the employer who violates this 
 section and obtain either (i) any wages or benefits lost as a result of the 
 violation or (ii) an order of reinstatement without loss of position, 
 seniority, wages, or benefits. The burden of proof in such civil action shall 
 be upon the employee.