Virginia paid sick leave rules for employers

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

Sick leave policy template

What it means for Virginia employers

For a restaurant, a retailer or an office in Richmond or Norfolk, the practical answer is that this statute does not reach their staff: the article defines employee as a home health worker, and a home health worker as someone providing personal care, respite or companion services to a person receiving consumer-directed services under the state Medicaid plan. Any sick leave those employers give comes from their own policy. The federal government is excluded as an employer. (Virginia DMAS, Paid Sick Leave, Consumer-Directed Attendants (8/26/22))

For employers inside the law, which in the consumer-directed program are often the Medicaid members or their designees who hire attendants, the mechanics are set in 40.1-33.4. Leave starts accruing when employment begins; unused leave carries into the next year; and an employee cannot accrue or use more than 40 hours a year unless the employer chooses a higher limit. Overtime-exempt employees are treated as working 40 hours a week unless their normal week is shorter. (Va. Code 40.1-33.4, Accrual of paid sick leave)

Paid sick leave under this article means the same hourly rate and the same benefits, including health benefits, as the employee earns while working, and never less than the Virginia minimum wage in 40.1-28.10 without any tip credit (Va. Code 40.1-33.3). (Va. Code 40.1-33.3, Definitions)

Exceptions and special cases

• Excluded from the definition of employee is an individual who is licensed, registered or certified by a health regulatory board, employed by a licensed hospital, and works on average no more than 30 hours a month (Va. Code 40.1-33.3). (Va. Code 40.1-33.3, Definitions)
• An employer may front-load the full year's expected accrual at the beginning of the year (40.1-33.4(C)). A paid time off policy, or a bona fide collective bargaining agreement, that gives at least as much leave usable for the same purposes and under the same conditions satisfies the law without a separate sick bank (40.1-33.4(D) and (E)). (Va. Code 40.1-33.4, Accrual of paid sick leave)
• In the Medicaid consumer-directed program, the Department of Medical Assistance Services (DMAS) runs the benefit through its fiscal/employer agents: its 2022 guidance counts the 40 hours per fiscal year (July 1 to June 30) and makes earned time usable on the first day of the second month after the qualifying quarter. (Virginia DMAS, Paid Sick Leave, Consumer-Directed Attendants (8/26/22))
• Any broader Virginia sick leave requirement for other employers is not verified on this site yet; check the official Code of Virginia and the Virginia Department of Labor and Industry before relying on a future date. (Virginia DMAS, Paid Sick Leave, Consumer-Directed Attendants (8/26/22))

Worked examples

A consumer-directed attendant working 22 hours a week

The attendant averages at least 20 hours a week, so the law applies. At 22 hours a week, 1 hour accrues about every week and a half (30 hours worked); the 40-hour yearly limit takes 1,200 hours worked, which is roughly 55 weeks, so at this schedule the cap is rarely reached within one year. (Va. Code § 40.1-33.3)

The DMAS usage timing

Under the DMAS guidance, an attendant who qualifies in the October to December quarter can start using earned sick time on February 1. (Virginia DMAS, Paid Sick Leave, Consumer-Directed Attendants (8/26/22))

A hardware store in Roanoke

Its cashiers and stockers are not home health workers, so Va. Code 40.1-33.3 and 40.1-33.4 do not require the store to provide paid sick leave. (Va. Code 40.1-33.4, Accrual of paid sick leave; Va. Code 40.1-33.3, Definitions)

How to act on it

Paid sick leave: Virginia and neighboring states

Each state links to its rulebook. Only rules we verified are shown.

Questions about Virginia paid sick leave rules

The verified rules behind this page (3)

• 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; verified Sep 24, 2026)
• 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; verified Sep 24, 2026)
• 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; verified Sep 24, 2026)

Sources (3)

• Va. Code 40.1-33.4, Accrual of paid sick leave
• Va. Code 40.1-33.3, Definitions
• Virginia DMAS, Paid Sick Leave, Consumer-Directed Attendants (8/26/22)

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

Where this goes next

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