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COMMITTEE ON EDUCATION AND WORKFORCE DEVELOPMENT 04/23/2026-AMENDED AND REPORTED OUT TO THE FLOOR 03/25/2025-REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0207 Thirty-Sixth Legislature of the Virgin Islands November 17, 2025 An act amending title 3 Virgin Islands Code, chapter 25, subchapter VI, by adding section 590d and title 24 Virgin Islands Code, chapter 1, by adding section 24 requiring employers to grant parents or legal guardians of a child with a diagnosed disability, four hours per month of paid leave to attend the child’s medical appointments PROPOSED BY: Senators Avery L. Lewis Sponsors: Angel L. Bolques, Jr., Clifford A. Joseph, Sr., Kenneth L. Gittens and Marise C. James Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 3 Virgin Islands Code, chapter 25, subchapter VI is amended by 2 adding section 590d: 3 “§ 590d. Leave for children with a disability 4 (a) As used in this section: 5 (1) “Child with a diagnosed developmental disability” means a child who is 6 under the age of 22 years and has undergone evaluation and received a professional 7 diagnosis of a developmental disability. 8 (2) “Developmental disability” means a group of chronic conditions including 9 autism, cerebral palsy, and intellectual disabilities that persist throughout a person’s 10 lifetime and impair physical, learning, language, or behavioral functions and which result 11 2 in significant limitations in daily activities and create a need for specialized long-term 1 support. 2 (3) “Government of the Virgin Islands” or “GVI” means the Government of the 3 Virgin Islands including its semi-autonomous agencies and independent 4 instrumentalities. 5 (b) Parents or legal guardians of a child with a diagnosed developmental disability who 6 are full-time employees of the Government of the Virgin Islands, are entitled to four hours per 7 month of paid leave to attend the child’s medical, therapeutic, or diagnostic appointments. 8 (c) The GVI may request the following documentation from the employee: 9 (1) confirmation that the child has been diagnosed with a developmental 10 disability; however, no specific medical details may be required; and 11 (2) written proof of an appointment or other confirmation of attendance at the 12 medical appointment. 13 (d) Leave granted under this section shall not diminish, replace, or otherwise impact 14 any other leave to which an employee is entitled to under federal or local law and the GVI may 15 not deduct from an employee’s salary, wages, or accrued leave for leave taken under this 16 section. Leave under this section may be supplemented with accrued sick leave if additional 17 time is needed to attend the appointment. 18 (e) (1) Except in cases of an emergency, employees must provide at least seven 19 business days’ notice of the appointment date and time to their employer. 20 (2) In the case of an emergency, the emergency must be substantiated by formal 21 documentation within three days of the emergency. 22 (3) The term “emergency” as used in paragraph (2) means a situation involving 23 a child with a diagnosed developmental disability that requires immediate attention to 24 3 protect the child's health, safety, or developmental progress including the following 1 circumstances: 2 (A) A specialist or medical professional arriving in the territory on short 3 notice for urgent care; 4 (B) A child requiring advanced therapeutic care to maintain functional 5 abilities; 6 (C) A sudden regression in the child's condition where immediate 7 intervention is necessary to prevent further developmental loss; or 8 (D) An unexpected behavioral or medical episode requiring urgent 9 evaluation or adjustment of treatment. 10 (f) The Virgin Islands Division of Personnel (“VIDOP”) shall enforce the provisions 11 of this section and may promulgate regulations as are necessary to implement this section. 12 (g) VIDOP shall investigate and resolve complaints concerning violations of this 13 section, including requiring payment of back pay, if applicable. 14 SECTION 2. Title 24 Virgin Islands Code, chapter 1, is amended by adding section 24: 15 “§ 24. Leave for children with a disability 16 (a) As used in this section: 17 (1) “Child with a diagnosed developmental disability” means a child who is 18 under the age of 22 years and has undergone evaluation and received a professional 19 diagnosis of a developmental disability. 20 (2) “Developmental disability” means a group of chronic conditions including 21 autism, cerebral palsy, and intellectual disabilities that persist throughout a person’s 22 lifetime and impair physical, learning, language, or behavioral functions and which result 23 in significant limitations in daily activities and create a need for specialized long-term 24 support. 25 4 (3) “EDC beneficiary” means any person or entity granted economic 1 development benefits under title 29, chapter 12, Virgin Islands Code. 2 (4) “Private employer" means a sole proprietor, corporation, partnership, limited 3 liability company or other entity which employs ten or more persons. 4 (b) Parents or legal guardians of a child with a diagnosed developmental disability, 5 who are full-time employees of a private employer or an EDC beneficiary, are entitled to four 6 hours per month of paid leave to attend the child’s medical, therapeutic, or diagnostic 7 appointments. 8 (c) Employers may request the following documentation from the employee: 9 (1) confirmation that the child has been diagnosed with a developmental 10 disability; however, no specific medical details may be required; and 11 (2) written proof of an appointment or other confirmation of attendance at the 12 medical appointment. 13 (d) “Leave granted under this section shall not diminish, replace, or otherwise 14 impact any other leave to which an employee is entitled to under federal or local law.” 15 (e) (1) Except in cases of an emergency, employees must provide at least seven 16 business days’ notice of the appointment date and time to their employer. 17 (2) In the case of an emergency, the emergency must be substantiated by 18 formal documentation within three days of the emergency. 19 (3) The term “emergency” as used in paragraph (2) means a situation involving 20 a child with a diagnosed developmental disability that requires immediate attention to 21 protect the child's health, safety, or developmental progress including the following 22 circumstances: 23 (A) A specialist or medical professional arriving in the territory on short 24 notice for urgent care; 25 5 (B) A child requiring advanced therapeutic care to maintain functional 1 abilities; 2 (C) A sudden regression in the child's condition, where immediate 3 intervention is necessary to prevent further developmental loss; or 4 (D) An unexpected behavioral or medical episode requiring urgent 5 evaluation or adjustment of treatment. 6 (f) The Virgin Islands Department of Labor (“VIDOL”) shall enforce the provisions 7 of this section and may promulgate regulations as are necessary to implement this section. 8 (g) VIDOL shall have the power to: 9 (1) investigate and resolve complaints concerning violations of this section 10 including requiring payment of back pay, if applicable; and 11 (2) impose civil penalties not to exceed $1,000 per violation.” 12 SECTION 3. This act takes effect 90 days after enactment. 13 BILL SUMMARY 14 This bill amends title 3 Virgin Islands Code, chapter 25, subchapter VI, by adding section 15 590d and title 24 Virgin Islands Code, chapter 1, by adding section 24 requiring the 16 Government of the Virgin Islands, private employers with at least 10 employees, and EDC 17 beneficiaries, to grant parents or legal guardians of a child with a diagnosed disability, who are 18 full-time employees, four hours per month of paid leave to attend the child’s medical 19 appointments. 20 BR25-0778/October 24, 2025/GC 21 S:\AMENDS\36th Legislature\LEWIS, AVERY L\Amendment 36-778\Amendment No. 36- 22 778 - DRAFTED ON YELLOW.docx 23