Virginia - A Better Balance

Overview of Paid Sick Time Laws in the United States:
Virginia

Updated on May 21, 2026

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	Virginia
Who is covered? Note: City/county paid sick time laws cannot cover state government workers, and city, county, and state paid sick time laws cannot cover federal government workers.	Most workers employed in Virginia will be covered. Beginning July 1, 2027, workers at an employer of at least 50 employees will be eligible for paid sick leave. Beginning January 1, 2028, workers at an employer of at least 25 employees will be eligible for paid sick leave. Beginning January 1, 2029, workers at an employer of at least one employee will be eligible for paid sick leave. Certain part-time health care workers who work an average of no more than 30 hours per week and certain health care workers who are employed on a pro re nata (“as needed”) basis regardless of the number of hours worked, are not eligible to accrue paid sick leave under this law. Note: Certain home health workers who work at least 20 hours a week or 90 hours a month earn paid sick time under a separate law that was passed in Virginia in 2021.
Can sick time be used to care for loved ones?	Yes, for the worker’s child, parent, spouse or domestic partner (broadly defined); the parent of the worker’s spouse; the grandparent, grandchild, or sibling of the worker or the worker’s spouse or domestic partner; an individual for whom the worker is responsible for providing or arranging health or safety-related care; or any other individual related by blood or affinity whose close association with the worker is the equivalent of a family relationship.
How is “child” defined?	Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward of the worker, a child to whom the worker stands in loco parentis; or an individual to whom the worker stood in loco parentis when the individual was a minor.
Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)?	Yes, when the worker or the worker’s family member is the victim.
Can sick time be used for additional purposes beyond medical and safe leave needs?	No.
Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency?	No.
Rate at which workers earn paid sick time?	1 hour for every 30 hours worked.
Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)?	Yes. Beginning July 1, 2027, workers at an employer of at least 50 employees will be eligible for paid sick leave. Beginning January 1, 2028, workers at an employer of at least 25 employees will be eligible for paid sick leave. Beginning January 1, 2029, workers at an employer of at least one employee will be eligible for paid sick leave.
Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.)	Up to 40 hours per year.
When do workers begin to earn paid sick time?	Paid sick leave shall begin to accrue at the commencement of employment or at the start of paid sick time eligibility, whichever is later. Note eligibility dates: Beginning July 1, 2027, workers at an employer of at least 50 employees will be eligible for paid sick leave. Beginning January 1, 2028, workers at an employer of at least 25 employees will be eligible for paid sick leave. Beginning January 1, 2029, workers at an employer of at least one employee will be eligible for paid sick leave.
Does unused sick time carry forward to the subsequent year?	Workers are entitled to carry forward unused paid sick time, but employers aren’t required to allow annual accrual or use of more than 40 hours of paid sick time a year, unless the employer selects a higher limit. An employer that chooses to instead provide 40 hours of sick leave at the beginning of a year will be considered to have satisfied their accrual and carry over requirements.
Private Right of Action to go to Court?	Yes.
Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)?	Workers covered by or receiving benefits through the Longshore and Harbor Workers’ Compensation Act who are covered by an existing, bona fide collective bargaining agreement in effect on July 1, 2027 are exempt from the paid sick leave law until either (i) the expiration of such collective bargaining agreement or (ii) December 31, 2030.
What Agency or Official Enforces the Law?	Department of Labor and Industry
For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law?	While not explicitly addressed in the paid sick time law, Virginia is a "Dillon Rule" state, which restricts local authority and likely prevents local lawmaking on paid sick time.
Statutory Citation(s)	VA Code Ann. § 40.1-33.6:1 et seq.
Additional Notes	Governor Spanberger signed Virginia’s paid sick time law into law on May 20, 2026. The law will take effect – and phase-in businesses by size, as discussed above – beginning July 1, 2027.