Virginia — Leave Laws

Virginia's paid sick leave statute, enacted in 2021 and codified at Va. Code §§ 40.1-33.3 through 40.1-33.6, applies exclusively to home health workers. "Employee" under the statute means a home health worker who works on average at least 20 hours per week or 90 hours per month. The statute expressly excludes individuals who (i) are licensed, registered, or certified by a health regulatory board within the Virginia Department of Health Professions; (ii) are employed by a hospital licensed by the Department of Health; and (iii) work, on average, no more than 30 hours per month—all three criteria must be met for the exclusion to apply. Most private-sector employees in Virginia receive no state-mandated paid sick leave. Federal law—chiefly the Family and Medical Leave Act (FMLA)—provides unpaid leave protections to eligible employees of covered employers.

Source: Va. Code § 40.1-33.3

Virginia prohibits employers from discharging an employee, taking adverse personnel action, or requiring the use of sick leave or vacation time because the employee is absent for jury duty or a court appearance pursuant to summons or subpoena, provided the employee gives reasonable notice. An employee who appears for jury duty for four or more hours in one day (including travel time) may not be required to start any shift that begins on or after 5:00 p.m. that day or before 3:00 a.m. the next day.

Source: Va. Code § 18.2-465.1

Virginia enacted a comprehensive paid family and medical leave insurance (PFML) program in April 2026 through Senate Bill 2 and House Bill 1207, signed into law on May 11, 2026. The program will be administered by the Virginia Employment Commission (VEC) and becomes effective July 1, 2026, with a phased implementation: payroll contributions begin April 1, 2028, and benefit payments commence December 1, 2028.

Covered employers and employees

The law covers nearly all private-sector and local-government employees in Virginia, regardless of employer size. Employers with at least one employee must participate either through the state program or through an approved private plan. The contribution structure differs by employer size: employers with 11 or more employees must remit both employer and employee portions of the payroll contribution (up to 50 percent of the total may be deducted from employee wages), while employers with 10 or fewer employees are exempt from the employer-side contribution but must remit the employee portion. State government employees receive parallel leave rights through separate state policies. Federal employees are not covered. Self-employed individuals may voluntarily opt into coverage.

Employees must have earned wages meeting a minimum threshold set by reference to Virginia's unemployment-benefit earnings table to be eligible for benefits. No minimum tenure with a particular employer is required, making the program portable across jobs. The employee must have work authorization.

Covered leave reasons and duration

Eligible employees may take up to 12 weeks of paid leave per benefit year (called an "application year") for the following qualifying reasons:

• Parental leave to bond with a new child (birth, adoption, or foster placement).
• Family caregiving leave to care for a family member with a serious health condition. "Family member" is defined broadly to include spouse or domestic partner, child (of any age), parent, sibling, grandparent, grandchild (whether through biological, foster, adoptive, or step relationships), and individuals who regularly reside in the employee's home or for whom the relationship creates an expectation of care and who depend on the employee.
• Medical leave for the employee's own serious health condition, including pregnancy.
• Military caregiver leave to care for a covered service member with a serious injury or illness incurred in the line of duty.
• Safe leave for employees or family members who are victims of domestic violence, harassment, sexual assault, or stalking, allowing time to seek safety services (limited to 4 weeks per application year).

There is no statutory waiting period for benefits; they are payable starting the first day the individual meets the eligibility requirements.

Benefit amount and calculation

The weekly benefit equals 80 percent of the employee's average weekly wages, subject to a statutory maximum of 100 percent of the state average weekly net earnings. The VEC will adjust the maximum benefit amount annually. The VEC will calculate benefits based on wages during a look-back period tied to the individual's work history. Specific contribution rates and final benefit amounts will be established by the VEC through regulations to be promulgated by April 1, 2028.

Job protection and benefit continuation

Employees who have worked for their employer for at least 120 days prior to taking leave are entitled to be restored to the same position or to an equivalent position with the same seniority, status, employment benefits, pay, and other terms and conditions of employment. Employers must continue health-care coverage during the leave period on the same terms as if the employee had continued working (the employee remains responsible for their share of premiums). PFML leave runs concurrently with any federal Family and Medical Leave Act (FMLA) leave for which the employee is eligible.

Private plan option and employer compliance

Employers may seek VEC approval to use a self-insured or fully insured private plan in lieu of participation in the state program, provided the private plan provides benefits and protections equivalent to or greater than those guaranteed by the statute.

Employers must provide written notice to employees upon hire, annually, when an employee requests leave, and when the employer learns an employee may be taking qualifying leave. The notice must describe: (i) terms for using benefits; (ii) the benefit amount; (iii) the claim-filing procedure; (iv) job-protection and benefit-continuation rights; (v) the prohibition on discrimination and retaliation; and (vi) the right to file a complaint. Employers must post the notice in English, Spanish, and any language spoken as a first language by at least 5 percent of the workforce.

Employers may not count PFML leave against an employee under an absence-control policy (including attendance-point or "no-fault" systems). Employers who violate the statute's leave protections or anti-retaliation provisions may be sued by the affected employee and may face enforcement by the Commissioner of Labor and Industry or the Attorney General. Failure to remit payroll contributions subjects employers to penalties.

Implementation and ongoing oversight

The VEC is directed to promulgate all implementing regulations by April 1, 2028. The Commission must maintain a publicly accessible online dashboard (beginning December 1, 2028) displaying real-time program data, including claims filed and approved, average approval times, and breakdowns by leave purpose. By April 1, 2030, and annually thereafter, the VEC must submit a comprehensive report to the General Assembly detailing program participation trends, beneficiary demographics, weekly benefit amounts, premium rates, fund balances, and outreach efforts.

Source: Virginia Employment Commission — Paid Family & Medical Leave announcement, Apr. 22, 2026 Source: Governor Spanberger news release, Apr. 22, 2026