1. A. Any covered individual who receives family and medical leave benefits and has been employed with the covered individual's current employer for at least 120 days prior to the commencement of such individual's paid family and medical leave shall, upon the expiration of such leave, be entitled to restoration by the employer to the position held by such covered individual when such leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including fringe benefits and service credits, to which the covered individual had been entitled at the commencement of such leave.
2. B. During any leave taken pursuant to this chapter, an employer shall maintain any health care benefits to which a covered individual was entitled prior to taking such leave as if the covered individual had continued working continuously from the date such covered individual commenced the leave until the date such covered individual returns from leave, and such covered individual shall continue to pay his share of the cost of health care benefits as required prior to the commencement of the leave.

3. C. Any employer that violates this section or § 60.2-809 shall be liable to any affected covered individual for:

   1. 1. Damages equal to:

      1. a. The amount of:

         1. (1) Any wages, salary, employment benefits, or other compensation denied or lost to such covered individual due to the violation; or
         2. (2) In a case in which wages, salary, employment benefits, or other compensation has not been denied or lost to the covered individual, any actual monetary losses sustained by the covered individual due to the violation, such as the cost of providing care, up to a sum equal to 12 weeks of wages or salary for the covered individual;
      2. b. Interest on the amount described in subdivision a, calculated at the legal rate; and
      3. c. An additional amount as liquidated damages equal to the sum of the amount described in subdivision a and the interest described in subdivision b, except that if an employer who has violated this section or § 60.2-809 proves to the satisfaction of the court that the act or omission that violated this section or § 60.2-809 was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this section or § 60.2-809, such court shall reduce the amount of the liability to the amount and interest determined under subdivisions a and b, respectively, and impose no additional penalties; and
   2. 2. Such equitable relief as may be appropriate, including employment, reinstatement, and promotion.
4. D. Except as provided in subsection E, an action may be brought for a violation of this section or § 60.2-809 not later than one year after the date of the last event constituting the alleged violation for which the action is brought.
5. E. In the case of such action brought for a willful violation of this section or § 60.2-809, such action may be brought within three years of the date of the last event constituting the alleged violation for which such action is brought.
6. F. The Commissioner of Labor and Industry may investigate any alleged violation of this section with the consent of an employee or interested third party, or at the discretion of the Commissioner of Labor and Industry. The Commissioner of Labor and Industry may institute administrative or, upon referral to the Attorney General, court proceedings to remedy any alleged violation of this section and may seek and collect any remedies available under this section. Any such damages shall be paid as restitution to any affected employee entitled thereto. In the course of an investigation, the Commissioner of Labor and Industry may issue subpoenas.

2026, cc. 981, 1093.