                                 CODE OF VIRGINIA

DEFINITIONS (§ 40.1-33.3)

As used in this article, unless the context requires a different meaning:
		&#8220;Employee&#8221; means  a home health worker who works on average at
least 20 hours per week or 90 hours per month. &#8220;Employee&#8221; does not
include an individual who (i) is licensed, registered, or certified by a health
regulatory board within the Department of Health Professions; (ii) is employed
by a hospital licensed by the Department of Health; and (iii) works, on average,
no more than 30 hours per month.
		&#8220;Employer&#8221; has the same meaning as provided in § 40.1-2.
&#8220;Employer&#8221; does not include any agency of the federal government.
		&#8220;Family member&#8221; means:

1. Regardless of age, a biological child, adopted or foster child, stepchild,
legal ward, child to whom the employee stands in loco parentis, or individual to
whom an employee stood in loco parentis when the individual was a minor;

2. A biological parent, foster parent, stepparent, adoptive parent, legal
guardian of an employee or an employee&#8217;s spouse, or individual who stood
in loco parentis to an employee when the employee or employee&#8217;s spouse was
a minor child;

3. An individual to whom an employee is legally married under the laws of any
state;

4. A grandparent, grandchild, or sibling, whether of a biological, foster,
adoptive, or step relationship, of an employee or the employee&#8217;s spouse;

5. An individual for whom an employee is responsible for providing or arranging
care, including helping that individual obtain diagnostic, preventive, routine,
or therapeutic health treatment; or

6. Any other individual related by blood or affinity whose close association
with an employee is the equivalent of a family relationship.
			&#8220;Home health worker&#8221; means  an individual who provides personal
care, respite, or companion services to an individual who receives
consumer-directed services under the state plan for medical assistance services.
			&#8220;Paid sick leave&#8221; means  leave that is compensated at the same
hourly rate and with the same benefits, including health care benefits, as an
employee normally earns during hours worked and is provided by an employer to an
employee for the purposes described in &#xA7; 40.1-33.5; however, such hourly
rate shall not be less than the minimum wage amount set forth in &#xA7;
40.1-28.10 without reduction for any tip credit that the employer would
otherwise be permitted to claim.

HISTORY: 2021, Sp. Sess. I, c. 449.