Virginia — Leave Laws

2021–2026: Home health workers only Virginia's first statewide paid sick leave statute was enacted in 2021, codified at Va. Code §§ 40.1-33.3 through 40.1-33.6, and applies exclusively to home health workers. "Employee" under the statute means a home health worker who averages at least 20 hours per week or 90 hours per month. The statute expressly excludes individuals who are: (i) licensed, registered, or certified by a health regulatory board within the Virginia Department of Health Professions; (ii) employed by a hospital licensed by the Department of Health; and (iii) work no more than 30 hours per month (all three criteria required). From 2021 through mid-2027, no other private-sector employees in Virginia are guaranteed state-mandated paid sick leave. (Federal law—chiefly the Family and Medical Leave Act (FMLA)—continues to provide unpaid leave protections for eligible employees.)

2027 forward: Comprehensive paid sick leave mandate (phased implementation) On May 20, 2026, Virginia enacted HB5/SB199, establishing a comprehensive statewide paid sick leave mandate. The new law applies to virtually all private-sector employers and employees, with a phased rollout:

• Effective July 1, 2027: Employers with 50 or more employees must provide paid sick leave to all employees.
• Effective January 1, 2028: Employers with 25 or more employees become covered.
• Effective January 1, 2029: The mandate expands to cover all Virginia employers, regardless of size (1+ employee).

Coverage exceptions, accrual rates, qualifying reasons, and minimum usage increments are established by the Virginia Department of Labor and Industry through regulations promulgated between 2026 and the respective effective dates. (As of June 2026, regulatory text with operational details has not yet been published on the official code site, but the statutory requirement is enacted and scheduled.)

Until the new law takes effect for a given employer size, the earlier 2021 statute continues to apply only to home health workers. Thereafter, the phased sick leave entitlement supersedes the narrower law.

Source: Va. Code § 40.1-33.6:1 Source: Va. Code § 40.1-33.3 Source: Governor Spanberger news release, May 20, 2026

Virginia prohibits employers from discharging an employee, taking adverse personnel action, or requiring the use of sick leave or vacation time because the employee is absent for jury duty or a court appearance pursuant to summons or subpoena, provided the employee gives reasonable notice. An employee who appears for jury duty for four or more hours in one day (including travel time) may not be required to start any shift that begins on or after 5:00 p.m. that day or before 3:00 a.m. the next day.

Source: Va. Code § 18.2-465.1

Virginia enacted a comprehensive paid family and medical leave insurance (PFML) program in 2026 through Senate Bill 2 and House Bill 1207, passed by the General Assembly on April 22, 2026, and signed into law by Governor Spanberger on May 11, 2026. The program is administered by the Virginia Employment Commission (VEC) and becomes effective July 1, 2026, with a phased implementation: payroll contributions begin April 1, 2028, and benefit payments commence December 1, 2028.

Covered employers and employees

The law covers nearly all private-sector and local-government employees in Virginia, regardless of employer size. Employers with at least one employee must participate either through the state program or an approved private plan. Employers with 11 or more employees must remit both employer and employee portions of the payroll contribution (up to 50 percent of the total may be deducted from employee wages), while employers with 10 or fewer employees are exempt from the employer-side contribution but must remit the employee portion. State government employees receive parallel leave rights under separate state policy. Federal employees are not covered. Self-employed individuals may voluntarily opt in.

Employees must have earned wages meeting a minimum threshold set by reference to Virginia's unemployment-benefit earnings table to be eligible for benefits. No minimum tenure with a particular employer is required, making the program portable across jobs. The employee must have work authorization.

Covered leave reasons and duration

Eligible employees may take up to 12 weeks of paid leave per benefit year ("application year") for:

• Parental leave to bond with a new child (birth, adoption, foster).
• Family caregiving leave to care for a family member with a serious health condition (broadly defined, including domestic partners and many household members).
• Medical leave for the employee’s own serious health condition, including pregnancy.
• Military caregiver leave for a covered service member.
• Safe leave (4 weeks per application year) for victims of domestic violence, harassment, sexual assault, or stalking, to seek safety services.

Benefit amount and calculation

The weekly benefit equals 80 percent of the employee’s average weekly wages, subject to a statutory cap at 100 percent of the state average weekly net earnings, annually adjusted by VEC. Regulations, including final contribution rates and benefit calculations, are due by April 1, 2028.

Job protection and benefit continuation

Employees employed 120 days or more prior to leave must be restored to their same or equivalent job with the same pay and benefits. Employers must maintain health coverage during leave. PFML runs concurrently with FMLA, where applicable.

Private plan option and compliance

Employers may obtain approval for private plans if they provide protections and benefits at least as generous as the state program. Employers must give written notice outlining rights and obligations under the PFML law upon hire, annually, and when leave is requested or likely.

Implementation oversight

The VEC must promulgate regulations by April 1, 2028, and publish a public dashboard beginning December 1, 2028. Annual reports are required starting 2030.

Source: Virginia Employment Commission Newsroom, April 22, 2026 Source: Governor Spanberger signs Paid Family and Medical Leave, May 11, 2026

Virginia enacted a comprehensive paid sick leave mandate in 2026 (HB 5/SB 199, codified at Va. Code §§ 40.1-33.6:1 through 40.1-33.6:7), expanding protected sick time far beyond the 2021 law, which remains in effect only for home health workers during the transition period and after for workers outside the broader statewide scope. Key implementation milestones:

Phased employer coverage:

• July 1, 2027: Applies to employers with 50+ employees (calculated as the average number employed on each working day during the preceding calendar year; includes part-time; see § 40.1-33.6:1).
• Jan 1, 2028: Expands to 25+ employees.
• Jan 1, 2029: All employers with at least one employee.

Accrual and cap: Employees accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours annually (§ 40.1-33.6:2(A)). FLSA-exempt employees are presumed to work 40 hours/week unless their typical schedule is less. Unused leave may be carried over year to year unless the employer frontloads the full annual allotment (§ 40.1-33.6:2(C)), but accrual and usage can be capped at 40 hours annually.

Covered reasons for use: Eligible employees may use accrued paid sick leave for:

• Their own mental or physical illness, injury, or preventive care;
• Care of a "family member" (defined cross-referencing preexisting § 40.1-33.3: "child, grandchild, grandparent, parent, sibling, spouse, or any individual related by blood or affinity whose close association is the equivalent of a family relationship");
• Obtaining services, legal assistance, or relocating due to domestic violence, sexual assault, or stalking (see § 40.1-33.6:3(B)).

Notice and documentation: Employees must make a good faith effort to provide advance notice if leave is foreseeable (§ 40.1-33.6:4(A)). If the leave is unforeseeable, notice may be oral, written, or electronic. Employers may require documentation for absences of three or more consecutive workdays (see § 40.1-33.6:4(B)), but may not require employees to specify the nature of illness or condition. Employers must provide written notice of sick leave rights and their notice/documentation policy – if not, employees cannot be penalized for failing to comply with unwritten procedures (§ 40.1-33.6:4(D)).

Job protection and anti-retaliation: It is unlawful to discharge, discipline, threaten, or discriminate/retaliate against an employee for requesting or using paid sick leave, or participating in proceedings under the law (§ 40.1-33.6:5).

Enforcement and remedies: Violations are enforced by the Commissioner of Labor and Industry or the Attorney General, with civil penalties of $150, $300, and $500 for the first, second, and subsequent offenses (§ 40.1-33.6:6). Employees have a private right of action (within two years), and may recover double the value of unpaid leave or damages, plus attorney’s fees (§ 40.1-33.6:7).

Interaction with home health worker law: The 2021 law for home health workers (Va. Code §§ 40.1-33.3 to 40.1-33.6) continues to protect home health employees until the employer’s broader obligation attaches, and after, for employers only covered by that narrower statute.

Source: Va. Code §§ 40.1-33.6:1 through 40.1-33.6:7 Source: Va. Code § 40.1-33.3