Virginia paid sick leave law

What it can be used for

The employee's or a family member's illness, injury, diagnosis, treatment or preventive care. The new law also covers needs linked to domestic violence, sexual assault or stalking. Source: law.lis.virginia.gov↗ (opens in a new tab)

Notice and documentation

Employees should give notice when leave is foreseeable. You may ask for reasonable documentation only for 3 or more consecutive workdays. Under the new law, leave can't be taken in blocks larger than 4 hours. Source: law.lis.virginia.gov↗ (opens in a new tab)

Who is not covered

Under the new law: some licensed health professionals working 30 hours or less a week, as-needed health care workers, railroad workers, and some union longshore workers until their contract ends. Source: law.lis.virginia.gov↗ (opens in a new tab)

Penalties

From July 1, 2027: no fine if fixed in time; knowing violations up to $150, $300, then $500. Employees may sue for twice the unpaid leave and damages. Source: law.lis.virginia.gov↗ (opens in a new tab)

Recent changes

In 2026 Virginia passed HB 5 / SB 199 (Acts 2026, chapters 1128 and 1129), extending paid sick leave to nearly all employers in phases starting July 1, 2027. Source: law.lis.virginia.gov↗ (opens in a new tab)

The law and where to check

The law: Va. Code §§ 40.1-33.3 to 40.1-33.6 (home health); §§ 40.1-33.6:1 to 40.1-33.6:7 (from July 1, 2027) (opens in a new tab)

The agency: Virginia Department of Labor and Industry (opens in a new tab)

What federal law says

No federal law requires private employers to give paid sick leave. Federal contractors must give up to 7 days a year under Executive Order 13706. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — EO 13706↗ (opens in a new tab)

Paid sick leave checklist for Virginia employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Check whether your business size is covered by the rule above.
2. Set up accrual in your payroll or HR system (or front-load the yearly amount).
3. Write a sick leave policy covering accrual, the cap, carryover, notice and documentation.
4. Show each employee's balance where your state requires it.
5. Check for city or county sick leave laws where your staff work.
6. Keep records of time earned and used.

More Virginia employment law guides

• All Virginia employment laws
• Virginia final paycheck law
• Virginia meal and rest break laws
• Virginia overtime law
• Virginia pay frequency law
• Virginia vacation and PTO payout law
• Virginia new hire reporting
• Virginia at-will exceptions

Paid sick leave laws in other states

See every state on one page, or pick a state:

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• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
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• West Virginia
• Wisconsin
• Wyoming

Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.