At a Glance

• Virginia enacted a paid sick leave law that will apply to nearly all employers in the Commonwealth.
• Covered employees will be able to accrue an hour of paid sick leave for every 30 hours worked.
• The law will have a staggered implementation date by employer size.

Virginia enacted legislation (House Bill 5/Senate Bill 199) that will require nearly all private employers, as well as state and local governments, to provide paid sick leave to their employees. The timing of when this law goes into effect depends on employer size:

• Employers with at least 50 employees are required to comply beginning July 1, 2027;
• Employers with at least 25 employees are required to comply beginning January 1, 2028; and
• Employers with at least one employee are required to comply beginning January 1, 2029.

Accrual of Paid Sick Leave

Paid sick leave begins to accrue at the commencement of employment. All covered employees will accrue one hour of paid sick leave for every 30 hours worked. Paid sick leave carries over to the following year but an employee cannot accrue or use more than 40 hours of paid sick leave in a single year, unless the employer selects a higher limit. Employees who are exempt from the overtime requirements of the Fair Labor Standards Act are assumed to work 40 hours per workweek for purposes of accruing paid sick leave, unless their normal workweek is less than 40 hours. Employees who are compensated on a fee-for-service basis will accrue paid sick leave in...

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