• Virginia Governor Spanberger has signed legislation that expands paid sick leave to all public and private employees.
• The paid sick leave legislation mandates one hour of paid sick leave for every thirty hours worked, with an annual accrual and use cap of forty hours, and includes provisions that could create challenges for employers, including very loose requirements on the notice employees must give before taking leave.
• The paid family and medical leave law establishes a payroll-funded insurance program, providing qualifying employees with up to twelve weeks of paid leave at 80 percent of their average weekly wage, with contributions split between employers and employees.

Paid Sick Leave

After back-and-forth amendments between the legislature and Governor Spanberger, the Commonwealth of Virginia has enacted a paid sick leave law (House Bill (HB) 5/Senate Bill (SB) 199; Chapters 1128 and 1129) that provides coverage to all public and private employees in the Commonwealth—an entitlement that was previously limited only to home-health workers. The law requires employers to provide employees with one hour of paid sick leave for every thirty hours worked, with an annual accrual cap of forty hours, all of which can be used within the year or carried over to the next (though annual use of paid sick leave is capped at forty hours). The law applies to all employers, regardless of size, subject to a phased implementation schedule. Paid sick leave obligations under the law...

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