The Virginia Interfaith Center for Public Policy applauds the Commonwealth for passing paid sick leave standards; it is a major step forward for worker’s rights and fair outcomes for Virginians. Much of the power of this legislation stems from its broadness, and evenness of application. The law seeks to apply its provisions to all workers across the Commonwealth equally, regardless of specific circumstances.

This is a laudable goal, but it means that the law must rely heavily on the regulatory process to close loops and create an understandable on-the-ground enforcement system. We believe that DOLI must work around three basic principles as they develop the regulatory framework for this law, in order to fulfill its promise as a powerful support for working class Virginians.

First, the administrative process must be understandable to the workers it protects, as well as to their employers. DOLI must engage with the community to determine how to best communicate the new laws to businesses; however, it must not rely solely on businesses to communicate with employees. Rather, the department must use modern communications strategies to make sure that employees are aware of their rights and of how to seek redress if they are infringed upon. Likewise, it must clarify the language of the law to ensure that it makes sense to both workers and employers.

Suggestions include the following:

• Active outreach to disconnected groups such as farmworkers and migrants to inform them of their rights
• Recruitment and employment of bilingual case agents or interpreters
• Publication of materials for distribution and display in workplaces.

When workers engage with the department, they must be greeted by an accessible and swift process of mediation and resolution. At every step, the department must prioritize clarity; otherwise, the system cannot be used effectively.

Second, DOLI must ensure that its process is adaptable, by issuing rules which can accommodate irregular or unorthodox work environments. The fee-for-service language in the bill is a prime example. It is not immediately clear who this language applies to, or how to enforce the law’s provisions for contract-laborers. DOLI must create a clear standard of the types of labor which fit under this heading, and make sure that employers cannot use this category as a loophole for denial of paid sick leave. For example, the department could calculate a compensation rate based on hours per contract or average yearly pay; this can help to ensure that the employees are getting a fair deal.

Additionally, DOLI must allow for some flexibility based on the size of businesses, albeit not at the expense of the rights of small business employees. As enforcement is delayed by business size, the department has some time before having to regulate small businesses. It must use this time to ease the transition through creating active dialogue with business leaders on their needs and implementation challenges. It may be beneficial for the department to create a system of fine reduction based on business size, as it has done in other enforcement regimes. However, these reductions should not extend to denial of paid sick wages to employees.

We suggest the following:

• Clarification of the definition and extent of “fee-for-service” workers, and closely tie their accrual to their hours worked
• Clarification of the definition of employer size, to count total employees across all states rather than those solely within Virginia
• Clarification of the notification obligations for “foreseeable leave” and prohibiting employers from requiring their own involvement in the scheduling of medical procedures
• Clarification of retaliatory action and creation of clear rules defining actions which chill the exercise of sick leave, such as points systems and the like
• Creation of a fine system with more flexibility for smaller businesses, albeit not extending to withholding of sick wages
• Creation of active dialogues between business leaders and the Department in order to find common struggles with implementation

Ideally, these provisions will help ensure that the law can be evenly and fairly applied across a host of different work situations- while closing loopholes which allow employers to deny sick leave.

Third and finally, the department must prioritize speed and efficiency in developing administrative procedure to handle complaints. DOLI must be able to resolve complaints speedily and with as few choke-points as possible, while making the process as easy to navigate for complainants as possible.

• A clear and accessible recordkeeping procedure or software for employers makes hours accessible for investigation
• Assignment of a single case officer for investigation, mediation, and disciplinary action
• Creation of an accessible website with an easy-to-use complaint portal, FAQS, and details of the process.
• Minimizing case handoffs through rigorous training of enforcement officers
• Setting clear standards for the length of each phase of investigation
• Collection of PTO statistics to support investigative and disciplinary procedure
• Creation of regional field offices to facilitate swifter responses and clearer chains of command
• Development of a code of conduct mandating regular contact with complainant

 The purpose of these suggestions is to build an accessible and fast-moving system which can actually deliver for workers. Although we understand that DOLI is still understaffed despite the recent authorization for expansion, these reforms can be implemented and will help make the job of the department easier.

The Virginia Interfaith Center for Public Policy believes that regulatory processes must be thoughtfully constructed in order to work for stakeholders. This legislation is important and can have a major impact on the quality of life of Virginians; for that reason, it must be backed by an effective process for translating principle into action. We look forward to working with DOLI in developing regulations which implement these fundamental principles and create effective enforcement for paid sick leave.