Summary At A Glance
- Phased rollout: Coverage begins July 1, 2027, for employers with 50+ employees and expands to all Virginia employers by January 1, 2029.
- Accrual and carryover: Employees accrue one hour of paid sick leave for every 30 hours worked, with carryover required and annual accrual/use capped at 40 hours unless the employer allows more.
- Employer preparation: Employers should review leave policies, payroll systems, manager training, and forthcoming notice and recordkeeping guidance.
Following the passage of its Paid Family and Medical Leave Program, Virginia has also enacted a new paid sick leave law that will phase in coverage based on employer size. The law applies to employers that employ individuals in Virginia and will take effect as follows:
- July 1, 2027: Employers with 50 or more employees
- January 1, 2028: Employers with 25 or more employees
- January 1, 2029: Employers with at least one employee
Leave Accruals and Carryover Requirements
Employees accrue at least one hour of paid sick leave for every 30 hours worked. Unused paid sick leave carries over year to year, but employers may cap annual accrual and use at 40 hours unless they choose a higher limit.
Use of Leave
Employees may use paid sick leave for:
- Their own or a family member’s illness, injury, health condition, diagnosis, treatment, or preventive care, and/or
- Certain needs related to domestic violence, sexual assault, or stalking, including medical care, counseling, legal services, relocation assistance, or victim services.
Covered Family Members
The law defines “family member” broadly to include spouses and domestic partners; children; parents; grandparents; grandchildren; siblings; certain in-law, foster, adoptive, step, and guardianship relationships; individuals for whom the employee is responsible for providing or arranging health or safety-related care; and other individuals related by blood or affinity whose close association is the equivalent of a family relationship.
Documentation and Anti-Retaliation Protections
Employers may require reasonable documentation when leave is used for three or more consecutive workdays but may not require disclosure of detailed medical information or details related to domestic violence, sexual assault, or stalking. The law also prohibits retaliation against employees for requesting or using paid sick leave.
Recommended Next Steps for Employers
Employers with employees in Virginia should:
- Review sick leave, PTO, attendance, and handbook policies to determine whether updates are needed
- Evaluate payroll and timekeeping systems to ensure they can track accrual, carryover, annual limits, and required records.
- Train HR personnel and managers on permissible uses of leave, documentation limits, confidentiality, and anti-retaliation requirements.
- Monitor forthcoming regulations and guidance regarding notice, posting, recordkeeping, and enforcement requirements.
How HR Works Can Help
HR Works will continue to monitor developments related to Virginia’s paid sick leave law. HR Works offers an Employee Handbook Service which provides a legally reviewed employee handbook and annual ongoing legal updates. Non-clients may contact HR Works regarding our Employee Handbook Services by completing the contact form on our website or calling us toll-free at 1-877-219-9062.
Current clients may contact the Virtual Helpline or their designated HR Consultant for additional guidance.
