Virginia is making changes to its state-paid sick leave regulations, and the deadline for employers to make updates to internal policy is fast approaching. The General Assembly approved new labor laws on May 20, 2026, and the changes are set to go into effect in a year’s time, on July 1, 2027. The new employment law doesn’t merely expand on the availability of paid sick leave for workers, but also ensures that accrued leave can be carried over to the next year, making it a more concrete way for employees to earn their time away from their work in a manner that cannot be reversed or withheld by employers. Let’s understand the paid sick leave policy and the changes set to impact the workforce in Virginia.
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What Does the Update to Virginia’s Paid Sick Leave Labor Law Entail?
The new employment law in Virginia will allow workers to earn a minimum of one hour of paid sick leave for every 30 hours they work for an employer, right from their first day on the job. The hours accrued carry forward from one year to the next, however, there are some limits to accrual and use. Employers can set a cap of 40 hours on how many hours can be saved and used annually, if they wish to restrict the policy from being overused. This ensures that workers are not away for multiple days at a stretch.
Tracking hours accrued will now fall to employers, as it is an admittedly confusing metric that might be difficult to track for a large workforce. This is why it is essential for employers to get started with their preparations for the sick leave law to ensure they have the tools and resources for managing this information by next year. Employers who do not want to overcomplicate matters can also choose to offer the 40 hours to employees upfront and allow them to tap into the reserve throughout the year. This will eliminate any need to carry over any accrued hours.
Employers who already have a paid leave policy that offers sufficient paid leave so as to meet the requirements of this labor law and that can be used for the same purpose do not have to provide additional paid sick leave in that case.
When Can Accrued Hours Be Used Under Virginia’s Sick Leave Law?
The new employment law is generous in its usage and allows employees to utilize the leave for any mental or physical illness or injury of their own or a family member. The law has a broad definition of family members, which can include parents, step-parents, foster parents, spouse, grandparents, children, grandchildren, domestic partners, siblings, or anyone the employee considers equivalent to family.
What’s more, the labor law update in Virginia can also be extended for use when employees require time away for sexual assault, domestic violence, or stalking-related incidents. Additionally, if employees are transferred to a different division or location, the employer must ensure that they are allowed to retain their accrued sick leave. The same is true for a change in ownership of the business by a different employer.
Do Employees Have to Provide Notice to Use Their Paid Sick Leave?
As per the regulation, paid time off should be provided upon the request of an employee, and this request may be made orally, in writing, or electronically. The policy also states that employees should make a “good faith effort” to provide notice in case they wish to utilize their accrued leave, and try to schedule it in a manner that “does not unduly disrupt the operations of the employer.” This notice, however, does not appear to be mandatory.
Employers who want to make advanced notice mandatory will have to create a written policy that contains procedures for their employees to provide notice. Without this written policy, employees cannot deny paid sick leave on the basis of noncompliance with the rule.
Employer Compliance Goes Beyond Offering Sick Leave As per the Policy
Virginia’s paid sick leave isn’t just centered around offering additional time off, but extends to creating a comprehensive set of rules around this law and its usage. To begin with, employers are required to maintain documentation of accrued leave and its usage for three years to ensure the data can be reviewed if needed. They are also required to alert employees to their rights in writing and provide a posted notice so they are aware of the changes.
Employer compliance has also been detailed by Virginia lawmakers to ensure that workers are not penalized for taking time away. As a result, employers cannot force employees to find a replacement to cover a missed shift, nor can they force workers to make up a missed shift.
Additionally, only in the case of an absence of three or more consecutive workdays can employers request documentation to justify their time away. In cases where employees use the leave for domestic violence, sexual assault, or stalking situations, their own written statement should serve as sufficient proof.
Retaliatory action is also forbidden as “no employer shall discharge, discipline, threaten, discriminate against, or penalize an employee, or take other retaliatory action regarding an employee’s compensation, terms, conditions, location, or privileges of employment, because the employee (i) has requested or exercised the benefits provided for in this article or (ii) has alleged a violation of this article.”
Employers In Virginia Have Some Time to Prepare for the Paid Sick Leave Law to Go Into Effect
Virginia’s updated labor code takes effect on July 1, 2027, but primarily for businesses with at least 50 employees. Later on January 1, 2028, businesses with 25 or more employees will be expected to be fully compliant with the law. By January 1, 2029, employers with one worker will also be required to ensure they offer the appropriate amount of paid sick leave. These changes require considerable planning to enforce, and the work involves alerting workers to the upcoming changes as well.
HR teams and employers must sit down to discuss what these changes mean to operations and how exactly the leave will be calculated and approved in the coming years. Clear compliance can be vital to prevent complications in the long run.
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