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Virginia paid sick leave law

The short answer

Limited scope: Virginia's current paid sick leave law covers only home health workers (consumer-directed personal care, respite or companion services). They accrue at least one hour of paid sick leave for every 30 hours worked. (Va. Code § 40.1-33.4) Limited scope (home health workers only): an employee may not accrue or use more than 40 hours of paid sick leave a year unless the employer sets a higher limit. (Va. Code § 40.1-33.4) Covered employees under the current law are home health workers who work on average at least 20 hours per week or 90 hours per month. (Va. Code § 40.1-33.3)

Last verified Sep 24, 2026 · How we verify every rule

General information, not legal advice. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Every rule on this page links to its official source.

Do you have to give paid sick leave?Yes, statewideVerified Sep 24, 2026 · 2 official sources

  • Accrual: Limited scope: Virginia's current paid sick leave law covers only home health workers (consumer-directed personal care, respite or companion services). They accrue at least one hour of paid sick leave for every 30 hours worked. (Va. Code § 40.1-33.4)

    “A. All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked.”

    “Qualified Consumer-Directed care attendants will earn 1 hour of sick leave per every 30 hours worked.”

    Virginia DMAS, Paid Sick Leave – Consumer-Directed Attendants (8/26/22) · dmas.virginia.gov

    law.lis.virginia.gov · dmas.virginia.gov · verified Sep 24, 2026 · 2 official sources

  • Annual cap: Limited scope (home health workers only): an employee may not accrue or use more than 40 hours of paid sick leave a year unless the employer sets a higher limit. (Va. Code § 40.1-33.4)

    “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.”

    “Attendants may earn and use up to 40 hours of sick leave per fiscal year (July 1- June 30).”

    Virginia DMAS, Paid Sick Leave – Consumer-Directed Attendants (8/26/22) · dmas.virginia.gov

    law.lis.virginia.gov · dmas.virginia.gov · verified Sep 24, 2026 · 2 official sources

  • Employee eligibility: Covered employees under the current law are home health workers who work on average at least 20 hours per week or 90 hours per month. (Va. Code § 40.1-33.3)

    “"Employee" means a home health worker who works on average at least 20 hours per week or 90 hours per month.”

    “Consumer-Directed attendants who work an average of 20 hours per work week or at least 90 hours per month.”

    Virginia DMAS, Paid Sick Leave – Consumer-Directed Attendants (8/26/22) · dmas.virginia.gov

    law.lis.virginia.gov · dmas.virginia.gov · verified Sep 24, 2026 · 2 official sources

One more case for this topic is not verified yet. Check the official source.

What it means for an employer

  1. Put your sick leave policy in writing: accrual rate, yearly cap, carryover and how to request leave.
  2. Track accrued and used hours for each employee in payroll.
  3. Check the verified rules above for the employer size and employees covered.

The federal default

“There is currently no federal law guaranteeing access to paid sick leave, although many states and localities have passed paid sick leave laws.”

U.S. Department of Labor, Women's Bureau: Paid leave · dol.gov

State rules can add to the federal default. The Virginia rules above are the ones we verified; for anything not covered, ask the state labor office.

Paid sick leave: Virginia and its neighbors

StatePaid sick leave
VirginiaYes, statewide
MarylandYes, statewide
District of ColumbiaYes, statewide
West VirginiaNot verified
KentuckyNot verified
TennesseeNot verified
North CarolinaNo statewide law

Only verified rules are shown. "Not verified" means we have not checked that state's rule yet; open its rulebook for the official source.

Virginia employer rulebookEvery verified rule for the statePaid sick leave laws by stateOne row per state, with sources

Questions about Virginia paid sick leave law

Do you have to give paid sick leave in Virginia?

Accrual: Limited scope: Virginia's current paid sick leave law covers only home health workers (consumer-directed personal care, respite or companion services). They accrue at least one hour of paid sick leave for every 30 hours worked. (Va. Code § 40.1-33.4) Annual cap: Limited scope (home health workers only): an employee may not accrue or use more than 40 hours of paid sick leave a year unless the employer sets a higher limit. (Va. Code § 40.1-33.4) Employee eligibility: Covered employees under the current law are home health workers who work on average at least 20 hours per week or 90 hours per month. (Va. Code § 40.1-33.3)

Sources (4)

Checked Sep 24, 2026 · How we verify every rule · Report an error