Newport News, VA Employment Preemption: Paid Leave Preemption (2026)

Some Restrictions

Source: Virginia Legislative Information System →

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Virginia state rule: Newport News does not have a local ordinance for paid leave preemption. This topic is governed by Virginia state law and applies uniformly across the state.

Summary

Virginia Code 40.1-33.3 et seq. requires paid sick leave only for certain home health workers; no general statewide paid leave mandate exists, and broad local paid leave ordinances face preemption.

Full Breakdown

Virginia has not adopted a comprehensive private-sector paid sick leave law. Code 40.1-33.3 through 40.1-33.7 require employers to provide paid sick leave to home health workers who work an average of at least 20 hours per week or 90 hours per month, accruing at least one hour per 30 hours worked, capped at 40 hours per year. The Virginia Overtime Wage Act and other employment statutes pre-occupy several wage and hour fields, and broad local paid leave ordinances are susceptible to Dillon Rule preemption challenges absent express enabling authority.

Violations & Fines

Employers who fail to provide required home health worker paid sick leave face administrative complaints with the Commissioner of Labor and Industry and may owe back wages, civil penalties, and reinstatement under Title 40.1 enforcement provisions. Retaliation is independently actionable.

Newport News, VA Employment Preemption: Paid Leave Preemption (2026)

Summary

Full Breakdown

Violations & Fines

Sources & Official References

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