Virginia Statewide Rule

Virginia Paid Sick Leave Law for Home Health Workers

Some RestrictionsApplies statewide across Virginia (2026)

Key Facts

Paid Sick Leave: Paid sick leave required for home health workers
1 Hour Accrual: 1 hour accrual per 30 hours worked
40-hour Annual Cap: 40-hour annual cap on usage
No General Private: No general private paid leave law
Local Paid Leave: Local paid leave faces Dillon Rule limits

Last verified: September 5, 2026Source: Virginia Legislative Information System

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.

A. All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked. Paid sick leave shall be carried over to the year following the year in which it was accrued. An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.

Source: Virginia Legislative Information SystemView official code

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 & Penalties

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.

Frequently Asked Questions

Do all Virginia employers provide paid sick leave?

No. Only certain home health workers are covered; other employers are not required to offer paid sick leave.

Can a city require private employers to give paid leave?

Under the Dillon Rule, cities lack express authority to mandate paid leave for private employers without state enabling legislation.

Sources

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