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.
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)
For all other private-sector employees, paid sick leave is not required, but many employers offer it voluntarily.
Employees in Virginia may qualify for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
FMLA Overview
FMLA covers leave for:
For more information, visit the U.S. Department of Labor.
Although not legally required, many Virginia employers voluntarily offer sick leave or Paid Time Off (PTO). Common practices include:
Employees should check their employer’s handbook for details on sick leave accrual, usage, and carryover rules.
The specific uses of sick leave depend on the employer’s policies, but common reasons include:
Covered family members may include:
Public-sector employees in Virginia, such as state workers, typically have access to structured sick leave benefits, including:
State employees should refer to the Virginia Department of Human Resource Management (DHRM) or their agency’s HR policies for details.
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:
Some employers may continue offering flexible sick leave policies for COVID-19-related absences.
Even though Virginia does not mandate sick leave, employers can benefit from offering it. Providing sick leave can:
Employers should document sick leave policies in their employee handbooks and ensure compliance with federal FMLA requirements.
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.
False. Virginia does not have a statewide sick leave mandate for private-sector employees, except for certain healthcare workers.
False. Employers are not required to pay out unused sick leave unless their company policy states otherwise.
False. If an employer offers sick leave, they must follow their own policy and cannot discriminate against employees who use it.
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.
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.
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