Virginia Paid Sick Leave Law for Home Health Workers

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.

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.