Virginia recently enacted two new paid leave laws – one requires covered employers to provide paid sick leave, and the other creates paid family and medical leave. Although these laws do not go into effect until 2027 and 2028, respectively, employers should begin preparing now.
Paid sick leave
On May 20, Virginia passed a law mandating paid sick and safe leave to employees in Virginia. The Virginia Commissioner of Labor and Industry must issue regulations by July 1, 2027.
Staggered coverage
The timeline for coverage depends on an organization’s size:
- Employers with 50 or more employees are covered on July 1, 2027.
- Employers with 25-49 employees are covered on January 1, 2028.
- Employers with 1-24 employees are covered on January 1, 2029.
The statute does not address whether employee counts are based on an organization’s total employees or only those employees in Virginia, but this may be resolved by future regulations.
Sick leave and “safe leave” for employees and family members
In addition to providing paid leave for illness and medical needs of the employee or family members, the law also covers certain domestic abuse and criminal conduct, such as sexual assault and stalking. Such “safe leave” is available when an employee or an employee’s family member requires time off to access victim’s aid, relocate, obtain medical care or counseling, or seek legal advice relating to the abuse or criminal conduct.
“Family member” is defined broadly as “any other individual related...
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