Daniel SterlingDoes Virginia require employers to provide paid sick leave? The answer depends on who you are and where you work. Virginia's sick leave landscape is narrow in scope compared to many other states: there is no general statewide paid sick leave mandate for private-sector employees, but a targeted state law protects home health workers, Fairfax County has its own local ordinance, and the federal FMLA provides a backstop of unpaid leave for qualifying workers. Here are the most important questions — and answers — on Virginia sick leave in 2026.
Does Virginia Have a Statewide Paid Sick Leave Law?
Not for most workers. Virginia has no general statewide paid sick leave mandate covering all private-sector employees. The majority of Virginia workers — retail employees, office staff, restaurant workers, construction laborers — are not entitled to any state-mandated paid sick leave.
Whether these workers receive sick leave depends entirely on:
- Their employer's voluntary policy (as stated in an employee handbook or offer letter)
- A collective bargaining agreement covering their workplace
- A local ordinance, if they work in a jurisdiction that has enacted one
Virginia is one of many states that have deferred this decision to the legislature repeatedly. As of 2026, proposed universal paid sick leave bills have been introduced in several recent General Assembly sessions but have not passed.
Who Is Covered by Virginia's Sick Leave Law?
Virginia's Paid Sick Leave for Home Health Workers Act (Va. Code §40.1-33.3), effective July 1, 2021, covers a specific category: home health workers employed by licensed home care organizations to provide services in a client's residence.
Covered workers include:
- Personal care aides
- Home health aides
- Companion care workers
- Individuals providing nursing or therapeutic services in the home under a licensed home care organization
Workers must be employed (not independent contractors) and must have worked at least 20 hours per week on average to be entitled to paid leave.
| Employer Size | Paid Hours Required | Additional Unpaid Accrual |
|---|---|---|
| 1–24 employees | Up to 24 hours/year | Workers accrue up to 40 hours/year; only 24 must be paid |
| 25+ employees | Up to 40 hours/year | All 40 accrued hours must be paid |
How Does Sick Leave Accrue for Home Health Workers?
Covered employees accrue 1 hour of paid sick leave for every 30 hours worked. There is no waiting period to begin accruing — leave accrues from the first day of employment. However, employees must complete 90 days of employment before they may use the accrued leave.
The annual cap is 40 hours of accrual per year. Unused accrued leave carries over from year to year unless the employer pays out all unused leave at the end of the benefit year.
What Can Home Health Workers Use Sick Leave For?
Covered employees may use accrued paid sick leave for the following purposes:
- Their own illness, injury, or mental health condition
- A family member's illness, injury, or mental health condition — "family member" includes spouses, children, parents, and in-laws
- Preventive medical appointments — doctor visits, wellness checks, vaccinations
- Needs related to domestic abuse, sexual assault, or stalking — including obtaining medical treatment, legal assistance, or safe housing
Employees must notify the employer of the need for leave as soon as practicable. For foreseeable leave (scheduled medical appointments, planned procedures), advance notice is required. Employers may require documentation for absences of three or more consecutive days.
Does Fairfax County Have Its Own Sick Leave Ordinance?
Yes. The Fairfax County Paid Sick and Safe Leave Ordinance, enacted in 2022, applies to employees who work within Fairfax County for employers with 50 or more employees. It provides up to 80 hours of paid sick and safe leave per year, accruing at 1 hour per 30 hours worked.
The ordinance's "safe leave" provisions allow employees to use accrued leave for needs related to domestic violence, sexual assault, or stalking — including relocation, legal proceedings, or obtaining a protective order.
Scenario: A home health aide employed by a Fairfax County–based licensed home care organization earning $18/hour works an average of 30 hours per week. Under both the state home health worker law AND the Fairfax County ordinance, she may accrue paid sick leave. The ordinance is more generous in its maximum (80 hours vs. 40 hours/year) — employers must apply whichever provision is more beneficial to the employee.
À retenir: Virginia has no universal paid sick leave law. Home health workers are the primary covered group under state law. Fairfax County has broader local protections. All other private-sector workers depend on employer policy or federal FMLA protections.
What Federal Leave Rights Apply in Virginia?
The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, including:
- The employee's own serious health condition
- Caring for a spouse, child, or parent with a serious health condition
- Birth, adoption, or placement of a child
- Qualifying military family leave
To be eligible, an employee must:
- Work for an employer with 50+ employees within 75 miles
- Have worked for that employer for at least 12 months
- Have worked at least 1,250 hours in the past 12 months
Virginia does not have a state-level FMLA equivalent. Employers with fewer than 50 employees are not covered, leaving significant gaps for workers at small businesses.
For an overview of other Virginia employment protections, including overtime, wages, and non-compete restrictions, see the Virginia Labor Law Dossier.
Legal disclaimer: This article provides general educational information about Virginia sick leave law. Sick leave entitlements are highly specific to employment status, employer size, and location. Consult a licensed Virginia employment attorney for advice on your individual situation.
Can My Employer Retaliate Against Me for Using Sick Leave in Virginia?
Retaliation against covered employees for using protected sick leave is prohibited under both the state home health worker law and the Fairfax County ordinance. Prohibited retaliatory acts include:
- Termination or demotion
- Reduction in pay, hours, or benefits
- Threats or warnings related to sick leave use
- Negative performance reviews citing protected leave
Employees who believe they have been retaliated against may file a complaint with the Virginia DOLI or pursue a private civil action for reinstatement and back pay. The statute of limitations for wage and retaliation claims under the Virginia Wage Payment Act is 3 years.
For workers not covered by a specific sick leave law, retaliation protections depend on broader employment law claims — such as FMLA interference or retaliation, which the U.S. Department of Labor enforces for covered employers.
