House-passed paid quarantine leave sparks concern for Virginia business community

Published September 11, 2020 2:00pm ET



Members of the Virginia business community are worried the additional economic burden that legislation requiring businesses to provide paid quarantine leave would cause could lead to more job losses and business shutdowns.

House Bill 5116, which passed the Virginia House on Thursday, would require employers to provide two weeks’ worth of paid quarantine leave to employees who have contracted COVID-19 or are caring for a family member who has contracted COVID-19.

The paid leave also would kick in for someone who temporarily leaves a job because the employee or a family member of the employee is at risk if the person contracts COVID-19.

A person would need to work 20 hours or more per week to be eligible for the leave. The leave would apply to a person regardless of when they began working for the employer. If the employee stays out of work for more than two weeks, the employee would stop receiving a paycheck but will have his or her job guaranteed.

The substitute version of the bill that passed, however, exempts state employees from this mandate because of cost concerns for the government.

“If [the government] can’t afford it, what makes them think private enterprise can afford it?” Robert Melvin, the director of government affairs at the Virginia Restaurant, Lodging & Travel Association, told The Center Square.

Melvin said it is hypocritical for lawmakers to push the mandate on private businesses when they are not willing to take up the burden themselves. He said a lot of businesses are struggling to cover basic business costs. For some businesses, he said, breaking even is their best case scenario.

The average cost to a business would be almost $4,000 every time an employee takes a two-week paid leave, according to Nicole Riley, the Virginia state director for the National Federation of Independent Business. Riley arrived at that estimate based on the average salary for a Virginian and the other costs associated with someone going on paid leave.

Riley said it is inappropriate for the state to put an unfunded mandate on businesses when they are not willing to provide their employees the same benefits. She said the state’s decision to exempt itself shows that lawmakers know the legislation will have a significant financial impact.

Speaking against the bill on the House floor, Del. Chris Head, R-Roanoke, said there are federal programs to help those with COVID-19. He also said the Family and Medical Leave Act already protects employees from being fired if they contract COVID-19 and grants tax credits to businesses that provide paid leave. He said the additional requirements in this bill go too far.

The bill’s sponsor, Del. Elizabeth Guzman, D-Dale City, did not respond to a request for comment from The Center Square. She did not speak to the bill Thursday but made comments Wednesday during session.

“We’re in a public health crisis, and, at the very least, we must pass a paid quarantine bill so that people who have been diagnosed or exposed to COVID-19 can afford to stay home,” Guzman said.

The bill passed by a 54-44 vote and will head to the Senate for consideration.