Virginia paid sick leave law: What workers and employers need to know

RICHMOND, Va. — Most Virginia workers will earn paid sick leave under a new state law, with rollout beginning July 1, 2027.

The law requires most employers to allow workers to earn 1 hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Businesses that already offer this benefit or better will not be required to make any changes.

State Sen. Barbara Favola (D-Fairfax), the bill's sponsor, said the law sets a statewide floor for employers.

"My bill does say it is the state law, and you, in fact, have to meet at least this minimum," Favola said.

A 2023 report from an anti-poverty nonprofit estimated nearly 1.2 million Virginians lacked paid sick leave. Favola said the new law, combined with the Paid Family Medical Leave Act, signals that family obligations must be recognized in the workplace.

"We have to be flexible, we have to allow for these real-life situations, so individuals do not have to sacrifice family obligations to get a paycheck," Favola said. "All of those labor protections that we take for granted now came about because laws had to pass, and we as a society had to make a value statement."

Favola also framed the issue as a public health concern, noting that many workers without paid sick leave are employed in personal care or food service.

"They're folks that serve the rest of us in very meaningful ways and when they get sick, they need to have the opportunity to go to the doctor or to take a day off to get better," Favola said.

The leave can be used by workers for their own health needs or to care for certain family or household members. It can also be used when dealing with domestic violence issues.

Angel Pye, a home healthcare worker, said she supports the new law but criticized the governor for vetoing collective bargaining legislation she said would have complemented it.

"Collective bargaining allows us to have this contract, where these benefits that we are now being afforded, will not be taken away without a process," Pye said.

Not everyone shares that enthusiasm. Republicans and some business groups have raised concerns about the law's impact on employers.

The Virginia branch of the National Federation of Independent Business said in a statement that small businesses operate on "notoriously thin margins" but do everything they can to provide benefits that work for their business model and employees. The group added that "mandatory leave would overburden small employers with a one-size-fits-all program they cannot afford, especially right now in the face of rising labor costs and poor labor quality."

The Virginia Chamber of Commerce said many employers already provide paid leave to attract and retain talent, but called the law a source of "significant new costs and administrative burdens; particularly for small businesses."

State Sen. Ryan McDougle (R-Hanover) said the mandate could result in workers receiving fewer overall benefits.

"This unfortunately will result in people getting a different restructuring. They might get less time off because it's now mandated that they have sick time. Those decisions should be left to the business community, not mandated by the government," McDougle said.

The Virginia Manufacturers Association said the law's framework is overly broad and could make compliance difficult for employers. The group cited expansive definitions of "family member" and relationships based on "affinity" or the "equivalent of a family relationship" as sources of ambiguity.

"Manufacturers across the Commonwealth are deeply concerned about the cumulative impact of rapidly expanding labor mandates without clear implementation standards or sufficient administrative guardrails," said Stacie Gordon, government relations director for the Virginia Manufacturers Association. "Governor Spanberger herself acknowledged that additional clarity will be needed before this law takes effect, and many of her proposed amendments would have established stronger implementation guardrails and clearer standards for both employers and employees. We strongly believe the General Assembly should revisit these code provisions prior to implementation and adopt many of the Governor's recommended amendments to reduce ambiguity, minimize litigation risk, and ensure the law can be implemented consistently across Virginia workplaces."

The association said it will "create significant cost, compliance, administrative, and litigation challenges" for employers, and expressed disappointment that Governor Spanberger did not veto the bill.

Favola said she is willing to work with the business community to address concerns during the regulatory process.

The law will be phased in over time. Businesses with more than 50 employees must comply by July 1, 2027. Those with 25 or more employees must comply by Jan. 1, 2028. All remaining employers must comply by Jan. 1, 2029.

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