Virginia’s paid sick leave law was signed by the governor on May 20, 2026. Virginia workers will be able to earn and use paid sick time under the law beginning on July 1, 2027 at employers of 50 or more; January 1, 2028 at employers of 25 or more; and January 1, 2029 at employers of one or more employees.
1. What does the Virginia Paid Sick Time law do?
It gives workers paid sick time which can be used:
- To recover from physical/mental illness, injury, or health conditions;
- To seek medical diagnosis, care or treatment of a mental or physical illness, injury, health condition, or preventative care;
- To care for a family member with a physical/mental illness, injury, or health condition or a family member in need of medical diagnosis, care, or treatment of a physical/mental illness, injury, or health condition or a family member in need of preventative care;
- To take an absence due to domestic violence, sexual assault, or stalking to seek or obtain medical care, mental health care, counseling, legal services, relocation or securing of an existing home, or other victim services for the employee or the employee’s family member.
2. Am I covered?
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.
The law does not cover: 1) certain part-time health care workers who work an average of no more than 30 hours per week; 2) certain health care workers who are employed on a pro re nata (“as needed”) basis, regardless of the number of hours worked; or 3) workers covered by or receiving benefits through the Longshore and Harbor Workers’ Compensation Act who are covered by an existing collective bargaining agreement in effect on July 1, 2027 until either (i) the expiration of the collective bargaining agreement or (ii) December 31, 2030.
*Note: If you’re a home health worker who works at least 20 hours a week or 90 hours a month, you may already be covered under an earned paid sick time law that was passed in 2021.
3. How much paid sick time am I able to earn?
You earn 1 hour of paid sick time for every 30 hours worked. Workers can earn and use up to 40 hours per year.
4. What if my work or my child’s school or daycare is closed for a health emergency?
You will not be able to use your paid sick time under Virginia’s paid sick time law because your work or your child’s school or daycare is closed unless you would otherwise be able to use your paid sick time (for example, if you are sick or caring for a sick family member).
5. Which of my family members are covered by the law?
Under the law, you can take paid sick time to care for yourself, a child, parent, spouse, domestic partner, grandparent, grandchild, or sibling, an individual for whom you are responsible for providing or arranging health or safety-related care, or any other individual related by blood or affinity whose close association with you is the equivalent of a family relationship.
6. What if I already have paid leave or paid time off?
If you already get any paid leave (vacation, paid time off, etc.) that you can use as paid sick time for the same purposes and under the same conditions as paid sick time under this Virginia law, it complies with the requirements of the law, and it’s at least the same amount you would earn under this law, the law will not give you any additional paid time off.
7. When can I begin using my paid sick time?
You will start earning paid sick time at the start of employment or at the start of paid sick time eligibility under the law (see below), whichever is later.
Note these key 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.
You can use your paid sick time as you earn it.
8. Do I need a doctor’s note for paid sick time under the law?
Your employer will only be able to require reasonable documentation–such as a doctor’s note–for paid sick leave of three or more consecutive workdays (and the note does not have to specify your or your family member’s illness).
If you are using paid sick time for three or more consecutive workdays for “safe time” purposes, related to domestic violence, sexual assault, or stalking, your employer can require that you provide one of the following types of documentation of your choice: a police report; a court document showing legal action related to the “safe time” purpose; documentation from a victim services advocate, your attorney, a member of the clergy, or a health care professional from whom you are or were receiving services related to domestic violence, sexual assault, or stalking; or your own written statement that the use of paid sick leave is for a qualifying “safe time” purpose.
The Virginia Department of Labor and Industry is in charge of enforcing this law.
Once the law is in effect, all covered workers will be protected against being fired or punished for using or requesting sick or safe time under this law. If you have a problem—or want more information—contact A Better Balance’s free legal helpline here or at 1-833-NEED-ABB.
Please note that this fact sheet does not represent an exhaustive overview of the paid sick time law described, and it does not constitute legal advice. It is possible that additional provisions not described in this fact sheet may apply to a worker’s specific circumstances or category of employment.
For the full list of state and local paid sick time laws, visit here.