Sick Leave for Virginia Employees: What You Need to Know in 2025
March 31, 2025
Ever woken up in Richmond with a fever that makes the Capitol look tilted, or caught a cold while working in Northern Virginia that not even the best country ham could cure? Starting in 2024, Virginia requires employers to provide paid sick leave to home health workers - while other workers' benefits vary by employer.
Here's what makes Virginia's approach unique: Like our state's mix of old and new, Virginia balances tradition with progress. While most private employers aren't required to provide paid sick leave, Virginia recently became the first southern state to mandate it for certain healthcare workers.
Virginia does not have a statewide law requiring private-sector employers to provide paid or unpaid sick leave to employees. However, certain healthcare workers are eligible for paid sick leave under the Virginia Paid Sick Leave Law. Additionally, federal protections such as the Family and Medical Leave Act (FMLA) and voluntary employer policies provide some sick leave options.
Here’s a comprehensive guide to sick leave in Virginia in 2025.
Key Objectives:
Does Virginia Require Paid Sick Leave?
Virginia does not have a statewide mandate for paid sick leave for most private-sector employees. However, the state does require paid sick leave for some healthcare workers.
Virginia Paid Sick Leave Law (Healthcare Workers Only)
- Who is covered?
- Home health workers who provide personal care, respite, or companion services and work on Medicaid-funded programs.
- Accrual Rate: These workers earn 1 hour of paid sick leave for every 30 hours worked.
- Usage: Leave can be used for personal illness or caring for a sick family member.
For all other private-sector employees, paid sick leave is not required, but many employers offer it voluntarily.
Federal Protections for Sick Leave
Employees in Virginia may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
FMLA Overview
- Eligibility: Employees must work for an employer with 50 or more employees, have worked for at least 12 months, and have logged at least 1,250 hours in the previous year.
- Leave Benefits: Provides up to 12 weeks of unpaid, job-protected leave per year.
FMLA covers leave for:
- Personal serious health conditions.
- Caring for a spouse, child, or parent with a serious health condition.
- The birth, adoption, or foster placement of a child.
- Certain military caregiving needs.
For more information, visit the U.S. Department of Labor.
Employer Practices for Sick Leave in Virginia
Although not legally required, many Virginia employers voluntarily offer sick leave or Paid Time Off (PTO). Common practices include:
- Accrual-Based Systems: Employees accrue 1 hour of leave for every 30 to 40 hours worked, depending on company policy.
- PTO Banks: Some employers combine vacation, sick leave, and personal days into a single PTO policy.
- Carryover Policies: Some employers allow unused sick leave to roll over into the next year, but this is not required by law.
Employees should check their employer’s handbook for details on sick leave accrual, usage, and carryover rules.
When Can Sick Leave Be Used?
The specific uses of sick leave depend on the employer’s policies, but common reasons include:
- Personal Illness or Injury: Recovering from illness, injury, or attending medical appointments.
- Family Care: Caring for a sick family member.
- Preventive Care: Routine checkups, screenings, or vaccinations.
- Domestic Violence Recovery: Some employers allow sick leave to address needs related to domestic violence, sexual assault, or stalking.
Covered family members may include:
- Spouses or domestic partners.
- Children (biological, adopted, foster, or stepchildren).
- Parents, grandparents, and siblings.
Public-Sector Employees in Virginia
Public-sector employees in Virginia, such as state workers, typically have access to structured sick leave benefits, including:
- Accrual: Full-time state employees accrue 5 hours of sick leave per biweekly pay period, totaling 13 days per year.
- Carryover: Unused sick leave can accumulate indefinitely and may count toward retirement benefits.
- Usage: Sick leave may be used for personal illness, family care, or preventive medical care.
State employees should refer to the Virginia Department of Human Resource Management (DHRM) or their agency’s HR policies for details.
COVID-19 and Sick Leave in Virginia
Federal COVID-19-specific leave mandates, such as those under the Families First Coronavirus Response Act (FFCRA), have expired. However, some Virginia employers may allow employees to use accrued sick leave for COVID-19-related reasons, including:
- Testing, treatment, or recovery from COVID-19.
- Quarantine or isolation due to exposure.
- Caring for a family member affected by COVID-19.
Some employers may continue offering flexible sick leave policies for COVID-19-related absences.
Key Considerations for Employers in Virginia
Even though Virginia does not mandate sick leave, employers can benefit from offering it. Providing sick leave can:
- Attract and Retain Talent: Competitive benefits help employers recruit skilled workers.
- Promote Workplace Health: Sick leave helps reduce the spread of illness in the workplace.
- Boost Productivity and Morale: Employees who feel supported are more engaged and less likely to leave.
Employers should document sick leave policies in their employee handbooks and ensure compliance with federal FMLA requirements.
FAQs About Sick Leave in Virginia
Q: Can an employer require a doctor’s note?
A: Yes. Virginia employers can request documentation, such as a doctor’s note, for extended absences (typically after three consecutive days of sick leave).
Q: Are part-time or temporary employees eligible for sick leave?
A: It depends on the employer’s policy. Virginia law does not require sick leave for part-time or temporary workers, but many employers voluntarily offer it.
Q: What happens to unused sick leave?
A: Employers are not required to allow sick leave to carry over unless their policy specifies otherwise. Public-sector employees can accumulate sick leave indefinitely.
Common Misconceptions About Sick Leave in Virginia
- “Virginia requires all employers to provide paid sick leave.”
False. Virginia does not have a statewide sick leave mandate for private-sector employees, except for certain healthcare workers.
- “Employers must pay out unused sick leave when an employee leaves.”
False. Employers are not required to pay out unused sick leave unless their company policy states otherwise.
- “Employers can deny sick leave if it’s inconvenient.”
False. If an employer offers sick leave, they must follow their own policy and cannot discriminate against employees who use it.
Why Sick Leave Matters
Sick leave is an important benefit that allows employees to recover from illness and care for family members without financial stress. For employers, providing sick leave helps reduce turnover, improve morale, and foster a healthier workplace.
Final Thoughts
Understanding your sick leave rights in Virginia can feel like navigating the Shenandoah Valley - it helps to know the path. Whether you're an employee trying to understand your benefits or an employer looking to create supportive policies, staying informed is crucial.
If you're a business looking to navigate Virginia's employment landscape while expanding your workforce, consider partnering with an Employer of Record (EOR) service. They can help manage your HR compliance, payroll, and benefits administration while you focus on growing your business. Learn more about EOR services and how they can simplify your employment needs at TCW Global's EOR solutions.
Remember, while Virginia's paid sick leave requirements are limited, creating supportive time-off policies isn't just good for employees - it's good for business. Like our state motto "Sic Semper Tyrannis" (Thus Always to Tyrants), treating workers well leads to lasting success.
Need specific guidance? Consider consulting with your HR department, reviewing your employee handbook, or speaking with an employment law professional who understands Virginia's unique business environment.
While Virginia does not mandate statewide sick leave, certain healthcare workers are entitled to paid sick leave, and many employers offer voluntary sick leave policies. Public-sector employees receive structured sick leave benefits, and federal protections like FMLA provide additional support for eligible workers.
For more information, visit:
- U.S. Department of Labor
- Virginia Department of Human Resource Management (DHRM)
- Consult your employer’s handbook or HR department for specific policies on sick leave benefits.
