Virginia HB 783 (2021) provides paid sick leave only to home health workers under VA Code Section 40.1-33.3, and Dillon's Rule prevents Fairfax County from mandating broader paid sick leave on private employers.
Virginia's HB 783 enacted in 2021 created a narrow paid sick leave entitlement codified at VA Code Section 40.1-33.3, covering only certain home health and personal care workers serving Medicaid recipients. Fairfax County employers outside that category have no state-mandated paid sick leave, and Dillon's Rule prevents the county from imposing a broader local mandate on private workplaces. The county provides paid leave to its own employees and may extend related benefits through procurement policy. Federal Family and Medical Leave Act unpaid protections apply alongside state law.
Failing to provide statutory paid sick leave to covered home health workers exposes employers to wage-claim enforcement by the state Department of Labor.
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See how Fairfax County's paid leave preemption rules stack up against other locations.
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