Virginia Governor Abigail Spanberger recently signed into law paid sick leave (PSL) entitlements for nearly all employees working in the Commonwealth.

The law will have a staggered effective date, with the earliest changes taking effect in mid-2027. Employers should begin preparing now to ensure they are aware of and in compliance with the new requirements.

What You Need to Know

  • Sick Leave Accrual Across Industries: Virginia already provides a PSL entitlement for some home health workers, but the new law will expand the entitlement to cover most industries, giving employees of covered employers at least 40 hours of PSL per year, accrued at a rate of one hour for every 30 hours worked.
  • Phased-In Coverage: Sick leave accrual will start with employers with 50 or more employees on July 1, 2027. On January 1, 2028, the law will cover employers with 25 or more employees, and virtually all employers will be covered by January 1, 2029.
  • Broad Usage Permitted: The law sets forth a variety of reasons for which covered employees will be able to use accrued leave, including their own or a family member’s medical care and other health-related needs, as well as absences related to domestic violence, sexual assault, or stalking involving themselves or a family member.
  • Benefits Distinct from Paid Family Medical Leave: The new PSL entitlements are separate and apart from paid family medical leave benefits that will be available in 2028 under a different law that Virginia enacted.

Scope and Coverage

Virginia Senate Bill 199 (SB 199) dramatically increases employee eligibility for PSL. Previously, Virginia required PSL only for home health workers. Under SB 199, nearly all employees of private employers, as well as employees of state and local governments, will be eligible for PSL. The law expressly excludes railroad employment and home health care, which is covered under a separate law.

Effective Date

A Commonwealth employer becomes subject to the PSL requirements depending on the number of people it employs. Employers with at least 50 employees need to comply with the law by July 1, 2027; employers with at least 25 employees by January 1, 2028; and all employers with at least one employee by January 1, 2029. According to Virginia Department of Labor and Industry (DOLI) representatives, the law is not yet clear as to whether these employee thresholds are based on the number of employees within Virginia only or on an employer’s total number of employees. We are tracking this issue and will provide an update as additional guidance becomes available.

Accrual, Frontloading, and Carryover

SB 199 grants all covered employees one hour of PSL for every 30 hours worked. Employees will begin accruing PSL immediately upon commencing employment. Employers may elect to frontload all PSL that an employee is anticipated to accrue at the beginning of the year or upon hire. Employees will be capped at accruing and using 40 hours of PSL in a calendar year unless their employer elects to set a higher limit.

As in many jurisdictions that mandate paid leave, accrued, unused PSL will be carried over into the next calendar year, but employers may cap carryover at 40 hours. Note that employers are not required to reimburse or otherwise pay separating employees for accrued but unused PSL at the time of their exit.

Using Paid Sick Leave

Employees may request to use accrued PSL in writing, orally, by electronic means, or by any other method the employer deems acceptable. If an employer requires the employee to provide notice before using PSL, a written policy distributed to all employees must outline the employer’s procedures for requesting such leave.

An employee may use PSL for their own mental or physical illness, injury, or health condition, which includes the need for medical diagnosis, care, or treatment of the same, as well as preventative medical care. The same coverage applies to an employee’s family member. The law defines “family member” broadly, to include any individual “related by blood or affinity whose close association with the employee is the equivalent of a family relationship.”

Employees may also use PSL for absences related to domestic violence, sexual assault, or stalking. The law allows an individual to use accrued leave to (i) seek or obtain medical care, mental health care, counseling, or legal services; (ii) relocate or secure a home; or (iii) obtain other victim services for either the employee or the employee’s family member.

SB 199 requires that, when possible, employees make a good-faith effort to provide notice of the need for leave and the anticipated duration of the leave and make reasonable efforts to schedule leave in the least disruptive manner. Employers may elect to require reasonable documentation when an employee uses three or more consecutive days of PSL. The type of documentation an employer may require varies depending on the reason the employee is utilizing the leave: if the employee is requesting to use leave for a reason related to the domestic violence provision, the new law permits them to provide a written statement that they are using leave for a reason covered by that provision of SB 199. However, if using PSL for a reason related to mental or physical illness, the employee must provide documentation signed by a health care professional stating that the PSL is needed. Employers should consult with counsel regarding permissible documentation.

Unless an employer permits smaller increments, the new law mandates that leave is taken in hourly increments.

Employer Notice and Recordkeeping Requirements

When PSL obligations begin, employers must be sure to keep track of each employee’s accrual and use of PSL. The law requires that such records be retained for three years. When tracking these metrics, employers must be fastidious in creating a private, secure, and confidential system to retain any records that include employees’ or their family members’ protected health information or information regarding domestic violence, sexual assault, or stalking.

Employers will also need to notify employees of their rights, including their right to file a complaint or bring a civil action, both in writing and through a required posting, which, along with regulations, will be published by DOLI.

Enforcement Provisions

The law—which prohibits retaliation in addition to the above obligations—directs DOLI to create a process for managing, investigating, and resolving complaints. It also authorizes the Commissioner of DOLI to impose civil penalties or fines, commence administrative proceedings, or file a lawsuit against an employer.

Importantly, the law establishes a private right of action that does not require an exhaustion of administrative remedies, meaning that an individual employee may commence a civil lawsuit against an employer. Such an action will entitle successful plaintiffs to double damages for both unpaid PSL benefits and any actual expenses incurred due to the employer’s violation. Employers may also be liable for injunctive and equitable relief (such as reinstatement) and other expenses, including reasonable attorneys’ fees and costs. The statute of limitations for such actions is two years.

What Virginia Employers Should Do Now

We recommend taking the following steps to comply with SB 199:

  • Review sick time and paid-time-off policies for Virginia employees to ensure compliance by the applicable effective date (July 1, 2027, for employers of 50 or more; January 1, 2028, for employers with 25 or more employees; and January 1, 2029, for all others).
  • Adjust payroll procedures to track and report employees’ accrual and usage of PSL.
  • Watch for guidance from DOLI, including a required poster likely to be published here and regulations, FAQs, or other materials that may assist with compliance.
  • Consider participating in the development of PSL regulations by submitting comments through July 29, 2026.
  • Ensure that a confidential system is in place for reporting leave and storing documentation of sensitive information.
  • Train managers to avoid retaliation against an employee who exercises rights protected under the new PSL laws.

* * * *

For additional information about the issues discussed in this Insight, please contact the attorney(s) listed on this page or the Epstein Becker Green Employment, Labor & Workforce Management attorney who regularly handles your legal matters.

Staff Attorney Elizabeth A. Ledkovsky assisted with the preparation of this Insight.

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