Virginia's paid sick leave law under HB 783 covers only home health workers, not the general workforce, and Virginia Beach is preempted from enacting a broader local paid leave mandate covering retail, hospitality, or office staff.
Va. Code Section 40.1-33.3 et seq. requires employers of certain essential home health workers to provide one hour of paid sick leave per 30 hours worked, capped at 40 hours per year. The mandate excludes most private-sector workers including hotel housekeepers, restaurant servers, and Atlantic Avenue retail staff. Federal employees at Naval Air Station Oceana follow federal leave rules. The city of Virginia Beach offers paid sick leave to its own employees as a benefit but cannot impose a general local mandate, since wage and hour authority rests with the state legislature under Dillon's Rule principles.
Eligible home health workers denied paid leave can file with the Virginia Department of Labor and Industry; penalties include back pay, liquidated damages, and civil fines per occurrence.
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See how Virginia Beach's paid leave preemption rules stack up against other locations.
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