There is no Virginia sick leave law for private employers: no Virginia law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. This guide gives the exact virginia sick leave law rule with the date we verified it, the statute, and what to do next.
Rules verified against Virginia Department of Labor and Industry, Labor and Employment Law Division on 2026-10-08; confirm the current rule with Virginia Department of Labor and Industry, Labor and Employment Law Division or an attorney before you rely on it.
Virginia Sick Leave Law at a Glance
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
In This Virginia Sick Leave Law Guide:
Virginia Sick Leave Law: The Rule
No Virginia law requires paid sick leave; the employer’s own policy or a union contract controls, and the federal FMLA gives up to 12 weeks of unpaid, job-protected leave at employers of 50 or more. Many employers offer sick days anyway; once promised in a written policy, they are enforceable as part of your pay.
What Virginia Sick Leave Law Lets You Use Leave For
Virginia’s paid sick leave law in force today covers only certain home health workers. They may use the leave for their own illness, injury or health condition, for medical diagnosis, treatment or preventive care, or to care for a family member with the same needs.
A new statewide sick and safe leave law (HB 5 / SB 199, 2026) phases in later by employer size and will add leave related to domestic violence, sexual assault and stalking. Most other workers can confirm with the state agency whether federal FMLA applies to them in the meantime.
Virginia Sick Leave Law at a Glance
Rules verified against Virginia Department of Labor and Industry, Labor and Employment Law Division on 2026-10-08; confirm the current rule with Virginia Department of Labor and Industry, Labor and Employment Law Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Law | No state paid-sick-leave mandate |
| What applies instead | The employer’s policy; the federal FMLA (unpaid, employers of 50 or more) |
| Statute | No statute |
Accrual, Caps and Carryover Under Virginia Sick Leave Law
A covered worker can generally ask for leave orally, in writing or electronically, and for foreseeable leave should make a reasonable effort to schedule it so it does not unduly disrupt the employer. An employer may ask for reasonable documentation only after a longer absence of consecutive workdays, and it may not require details about the worker’s health condition.
Paid or Unpaid Under Virginia Sick Leave Law
Unpaid unless the employer promises pay; the FMLA is unpaid by design.
Virginia Sick Leave Law and Retaliation
Virginia employers may not deny, interfere with or retaliate against a covered worker for using or trying to use earned sick leave. The 2026 law adds bans on firing, disciplining, demoting, threatening or cutting hours over protected leave, and bars employers from requiring the worker to find a replacement. Confirm current protections with the Department of Labor and Industry.
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Local Rules and Virginia Sick Leave Law
Some cities add their own paid-leave ordinance on top of state law; the more generous rule applies.
Other Virginia Sick Leave Law Rules to Know
The current law (Va. Code § 40.1-33.3) applies only to home health workers who meet minimum-hours requirements. The 2026 statewide law excludes those workers because they stay under the existing statute. The Department of Labor and Industry is writing regulations and a model notice for the new law, and the new law also lets workers go to court without first filing an administrative complaint.
Denied the leave you earned? The labor department enforces the sick-leave law for free.
Contact Virginia Department of Labor and Industry, Labor and Employment Law Division
Virginia — the bottom line
- The virginia sick leave law does not exist for private employers — the handbook and the federal FMLA are the rules.
- Under the virginia sick leave law promised sick days in a written policy are still enforceable pay.
- The virginia sick leave law question is answered by your employer policy, not the statute book.
Frequently Asked Questions
Is paid sick leave required in Virginia?
No. Virginia has no paid-sick-leave mandate for private employers.
How much sick leave do I get under Virginia sick leave law?
Whatever the employer’s policy provides.
Which employers are covered by the Virginia sick leave law?
No employer is required to provide it.
Can I be fired for using sick leave in Virginia?
Virginia employers may not deny, interfere with or retaliate against a covered worker for using or trying to use earned sick leave.
When did the Virginia sick leave law take effect?
There is no such law.
Official Virginia Sources & Resources
- Virginia Department of Labor and Industry, Labor and Employment Law Division: https://www.doli.virginia.gov/labor-law/
- Virginia statute: https://law.lis.virginia.gov/vacode/title40.1/chapter3/section40.1-33.3/
- Verified source: https://marketingpreview.mercer.com/content/dam/mercer-dotcom/migrated-assets/blogs/law-and-policy/2025/07/pdf-2025-roundup-state-accrued-paid-leave-mandates.pdf
- Verified source: https://www.ep.com/legal-and-compliance/sick-and-paid-leave-laws-update/
- Verified source: https://www.hubinternational.com/en-us/hub-resources/absence-management-bulletins/2025/11/2025-2026-state-leave-law-updates/
- Verified source: https://www.postercompliance.com/blog/paid-sick-leave-laws-by-state/
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This virginia sick leave law guide was last verified against official Virginia sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Virginia Workplace Rights Guides
- Virginia PTO Laws: Is Unused Vacation Paid Out?
- Virginia Break Laws: Meal and Rest Breaks
- Virginia Labor Laws: Every Rule in One Place
- Virginia Unemployment Eligibility: Who Qualifies
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.