Virginia’s paid leave laws fall into two tracks. Paid sick leave is already law for home health workers and extends to nearly every Virginia employer in phases beginning July 1, 2027. A separate mandatory paid family and medical leave insurance program begins collecting payroll contributions on April 1, 2028, with benefits available starting December 1, 2028.1Office of the Governor of Virginia. Paid Sick Leave Program for Virginia2Virginia Employment Commission. First in the South: Virginia Enacts Paid Family and Medical Leave What you’re entitled to right now depends on your job; what you’ll be entitled to over the next three years depends mostly on the size of your employer.
Who Has Paid Sick Leave Right Now
Under current law, Virginia requires paid sick leave only for home health workers. The statute, codified at Virginia Code sections 40.1-33.3 through 40.1-33.6, covers workers who provide personal care, respite, or companion services to people receiving consumer-directed services through Virginia’s medical assistance program.3Virginia Code Commission. Virginia Code Title 40.1 Chapter 3 – Article 2.1 Paid Sick Leave To qualify, you must average at least 20 hours per week or 90 hours per month.
If you work outside the home health sector, no Virginia statute currently requires your employer to give you paid sick time. Any paid sick leave you have today is a benefit your employer chose to offer, and the terms of that benefit are set by your employer’s policy. That changes with the 2027 rollout.
The 2027 Expansion to Nearly All Virginia Employers
Governor Spanberger signed SB 199 and HB 5 on May 20, 2026, requiring Virginia employers to provide paid sick leave to both full-time and part-time employees. The law covers private employers along with state and local governments.1Office of the Governor of Virginia. Paid Sick Leave Program for Virginia The obligation phases in by employer size:
- July 1, 2027: employers with 50 or more employees.
- January 1, 2028: employers with 25 or more employees.
- January 1, 2029: all remaining employers, regardless of size.
The structure matches the existing home health worker rules: one hour of paid sick leave for every 30 hours worked, capped at 40 hours (five days) per year.1Office of the Governor of Virginia. Paid Sick Leave Program for Virginia The expanded law adds qualifying reasons beyond illness, including absences tied to domestic violence, sexual assault, or stalking for purposes like medical care, counseling, legal services, or relocation.
How Paid Sick Leave Accrues and When You Can Use It
Accrual starts on your first day of work. There is no waiting period before you begin earning hours.4Virginia Code Commission. Virginia Code 40.1-33.4 – Accrual of Paid Sick Leave You earn one hour of paid sick leave for every 30 hours worked, up to 40 hours a year unless your employer sets a higher cap voluntarily. Exempt employees who don’t track hours are credited as if they work 40 hours per week, or their normal schedule if shorter.
Unused hours carry over into the next year, but the 40-hour annual usage ceiling still applies. Carryover mostly protects you from losing time you accrued but didn’t need. If your employer already offers PTO that meets or beats these minimums and covers the same reasons, the employer isn’t required to layer additional sick leave on top.
You can use accrued time for your own health needs — treatment, diagnosis, or preventive care for any mental or physical illness, injury, or health condition — or for the same reasons on behalf of a family member.
Virginia’s definition of “family member” is broad. It includes children (biological, adopted, foster, or step), parents and stepparents, spouses, grandparents, grandchildren, and siblings, along with anyone related by blood or by a close personal association equivalent to a family relationship. It also reaches anyone you’re responsible for arranging care for.3Virginia Code Commission. Virginia Code Title 40.1 Chapter 3 – Article 2.1 Paid Sick Leave
Giving Notice and Showing Documentation
You can request sick leave orally, in writing, electronically, or through any other method your employer accepts. For a foreseeable absence, give advance notice when you can and try not to disrupt operations. If your employer wants you to follow a specific notice procedure, the employer must put that procedure in writing; a policy that was never shared in writing can’t be used against you.5Virginia Code Commission. Virginia Code 40.1-33.5 – Use of Paid Sick Leave
Your employer can ask for documentation only after three or more consecutive workdays of absence, and even then the request has to be reasonable rather than burdensome. Your employer cannot require you to find someone to cover your shift as a condition of using sick leave, and cannot force you to work a makeup shift afterward.
Paid Family and Medical Leave Starting in 2028
Virginia’s mandatory Paid Family and Medical Leave Insurance program, created by SB 2 and HB 1207, is administered by the Virginia Employment Commission. The timeline:2Virginia Employment Commission. First in the South: Virginia Enacts Paid Family and Medical Leave
- 2026 through 2027: program development and rulemaking.
- April 1, 2028: payroll contributions begin.
- December 1, 2028: benefits become available to eligible workers.
Once benefits are live, eligible workers can receive up to 12 weeks of paid leave per year. Benefits are expected to replace roughly 80 percent of weekly wages, capped at 100 percent of the statewide average weekly wage.6Virginia Employment Commission. Virginia Paid Family and Medical Leave FAQ The program also allows up to four weeks of “safe leave” for workers dealing with domestic violence, sexual assault, or harassment. Qualifying reasons for the full 12-week benefit include bonding with a new child by birth, adoption, or foster placement; caring for a family member with a serious health condition; and recovering from your own serious health condition.
Who Pays and How the Money Flows
The program is funded through a payroll contribution set annually by the VEC. The contribution is typically split 50/50 between employer and employee, though an employer can choose to cover a larger share. Small businesses are exempt from the employer portion, but their employees still contribute and still qualify for benefits. Self-employed workers can opt in voluntarily and pay the full contribution themselves.6Virginia Employment Commission. Virginia Paid Family and Medical Leave FAQ
Employers that already offer private family leave insurance meeting or exceeding the state program’s benefit levels can apply to the VEC for approval to use their private plan instead. PFMLI leave runs concurrently with federal FMLA leave where both apply, so you use both entitlements at the same time rather than stacking them for 24 weeks.
Retaliation for Using Leave Is Prohibited
Virginia law bars employers from punishing workers for requesting or using paid sick leave. That covers termination, discipline, threats, and changes to pay, scheduling, work location, or any other term of employment made in response to leave. The same protection applies if you report a suspected violation of the paid sick leave law.7Virginia Code Commission. Virginia Code 40.1-33.6 – Retaliatory Action Prohibited Asserting your right to use leave you’ve already earned is itself a protected activity, and any adverse action tied to that assertion creates legal exposure for the employer.
When Your Employer’s Own PTO Policy Becomes Legally Binding
Even where no sick leave statute reaches your employer yet, promised leave can still be enforceable. Virginia Code section 40.1-29 requires employers to pay all wages due when employment ends.8Virginia Code Commission. Virginia Code 40.1-29 – Time and Medium of Payment If your employment agreement or company handbook guarantees payout of accrued PTO at separation, that promise is enforceable as part of your wages.
Once an employer sets a leave benefit with specific terms, those terms control. An employer who promised to pay out unused vacation and then refuses faces the same enforcement path as one who withholds a regular paycheck. The Commissioner of Labor and Industry can investigate complaints and pursue compliance on behalf of employees, including engaging private counsel approved by the Attorney General to collect what’s owed. This is where employers often slip by changing PTO policies mid-year without properly notifying workers.