Virginia Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Virginia.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does Virginia Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

Current Virginia law allows for home health care workers to receive paid sick leave; federal law does not require employers to provide paid sick leave.  

Are There Requirements to be Eligible for Paid Sick Leave in Virginia?

According to Virginia state law, home health care workers who work at least 20 hours per week or 90 hours per month are eligible to receive paid sick leave. Department of Health employees are not eligible, nor are workers in any other field. 

Is There a Minimum Amount of Paid Sick Time Required in Virginia?

Eligible home health care workers in Virginia may receive one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours per year.

What Can PSL be Used for in Virginia?

In Virginia, paid sick leave can be used for medical diagnosis, treatment, or care of physical or mental health conditions or injuries for employees and family members. The definition of family member includes spouse, child (including foster, stepchild, or legal ward), parent (including stepparent or legal guardian), grandparent, grandchild, or anyone with a relationship equivalent to family. The definition extends to relatives of the employee’s spouse.

Is Paid Sick Leave Required to be Carried Over Each Year in Virginia?

There is no legal requirement for paid sick leave to be carried over in Virginia.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Virginia?

Employers in Virginia who provide home health care workers with paid time off are not required to provide additional paid sick leave so long as PTO meets the requirements of one hour per 30 hours worked.

Common Virginia Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Virginia?

If you are a home health care worker in Virginia, you are entitled to one hour of paid sick leave per 30 hours worked. 

Does paid sick leave apply to all employees who work in Virginia?

The paid sick leave law currently only applies to home health care workers in Virginia.

Which employees are exempt or partially exempt from the paid sick leave law in Virginia?

All employees except home health care workers who meet the requirements are exempt from the paid sick leave law. A bill currently before the Virginia House requests to amend this exemption to allow all employees of private businesses in Virginia access to paid sick leave. 

Do I have to notify my employer before taking sick leave in Virginia?

Virginia law says employees should make a reasonable effort to request paid sick leave in advance, if possible, either orally or in electronic communication. Employers should give employees any notification rules in writing. If the sick leave absence extends beyond three consecutive work days, an employer has the right to request written verification that the time has been used for approved purposes.

Can I be disciplined for taking a sick day or using paid sick leave in Virginia?

State, county, and city laws prohibit employers from retaliating against employees who use their paid sick leave. However, employees must comply with company policy around notifying their employer and providing any required documentation to maintain protection. Employees who misuse their paid sick leave or violate company policies may be subject to disciplinary action.

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Code of Virginia Paid Sick Leave Law

Code of Virginia Labor and Employment