Author: Matthew T. Anderson
Little known fact: Virginia has a paid sick leave statute. Why is this leave law not widely known? Because, as of right now, it only applies to what are called home health workers (i.e., in-home care providers) who work a certain number of hours a week or month. Naturally, this is but a small slice of the Commonwealth’s workforce. But that could change next year.
After Governor Youngkin vetoed legislation in 2025 that would have expanded paid sick leave to a broader population of workers, Democrats in the General Assembly, emboldened by their majority status and the arrival of incoming Governor-elect Spanberger, are wasting no time putting the issue back on the docket. On November 17, 2025, Virginia Beach Democrat Kelly Convirs-Fowler pre-filed House Bill No. 5, which again seeks to revise the existing statute and provide paid sick leave more broadly.
What does the proposed paid sick leave law provide? The new version looks similar to many of the paid sick leave laws already in effect in other areas of the country, including for federal government contractor companies. It will require all employers, irrespective of size, to provide all employees (full time, part time, or temporary) with 1 hour of paid sick leave for every 30 hours worked, up to 40 hours.
Employees will be able to use the leave for the care or treatment of their own or a family member’s health condition, as well as to address the harms caused by domestic violence, sexual assault, or stalking of themselves or family members. The law requires employees to provide as much advanced notice as possible and puts the burden on the employer to create a policy addressing the notice issue. Additionally, it prohibits the employer from requiring disclosure of details about the health conditions or domestic violence/sexual assault/stalking that give rise to the need for leave. To the extent employers obtain that information, they must keep it confidential. The one exception is that employers may require employees who miss three or more consecutive days of work to provide “reasonable documentation” that the leave is being used for proper purposes. But this “reasonable documentation” is essentially a note from a healthcare provider, a police report, or a note from a victims services advocate, attorney, or member of the clergy (in instances of domestic violence, sexual assault, or stalking).
As with most other paid sick leave statutes, employers will not be required to pay out any unused leave on termination. The law restricts both use and carryover to 40 hours per year. In other words, once an employee earns 40 hours of paid sick leave, they will retain that amount until the use it, even if it is the following year. They will only start to earn paid sick leave again once they dip below that 40-hour cap.
Most importantly for employers, they can be held liable for retaliation or interference with the use of paid sick leave. If an employer allegedly retaliates or interferes, then the employee has two options. First, they can file a charge with the Commissioner of the Department of Labor and Industry. The Commissioner has the power to issue fines up to $500 per violation. Second, the employee may file a lawsuit. The employee is not required to file a charge with the Commissioner prior to filing suit. If a court finds the employer liable for retaliation or interference, then the employer will have to pay: (1) twice the amount of the uncompensated leave; (2) any lost wages or other benefits, and any interest thereon; and (3) attorneys’ fees and costs. Additionally, the courts have been empowered to enter both injunctive relief and any other equitable relief that may be required, including reinstatement of an employee.
Given the Democrats’ sweeping victories last month, it is reasonable to believe that this new paid sick leave bill will pass and be signed into law by Governor Spanberger. As of now, the bill states that it would go into effect on July 1, 2027, giving employers plenty of time to create the necessary policies and procedures. Williams Mullen will continue to monitor the progress of this bill throughout the upcoming legislative session and provide an updated alert in the coming months.
