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Virginia Expands Paid Sick Leave Requirements

June 12, 2026
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At A Glance

  • The first phase of employer-provided coverage begins July 1, 2027, for employers with at least 50 employees.
  • Employees will accrue at least one hour of paid sick leave for every 30 hours worked.

Introduction

On May 20, 2026, Governor Abigail Spanberger signed SB 199/HB 5 into law, expanding paid sick leave requirements to cover nearly all employees in Virginia by 2029.

Employer and Employee Eligibility

This law applies to all employees of private employers and state and local governments under the following phased approach:

  • July 1, 2027: Employers with at least 50 employees
  • January 1, 2028: Employers with at least 25 employees
  • January 1, 2029: All employers with at least one employee

Accrual Requirements

Employees will accrue a minimum of one hour of paid sick leave for every 30 hours worked and may accrue or use up to 40 hours of paid sick leave in a year, unless the employer sets a higher limit. Furthermore, employers must allow employees to carry over all accrued, unused paid sick leave into a new 12-month benefit period.

Paid sick leave begins accruing at the start of employment, though employers may frontload the amount of paid sick leave that they expect an employee to accrue at the beginning of the 12-month benefit period. 

Existing PTO Policies

Employers with a paid leave policy (e.g., a paid time off policy) that provides employees with enough leave to satisfy the requirements of SB 199/HB5 aren't required to offer additional paid sick leave to employees covered by that policy, provided that the paid leave can be used for the same reasons and under the same conditions as the paid sick leave described in the law.

Notice Requirements

Employers must grant paid sick leave upon an employee’s request, which may be made verbally, in writing, electronically, or through any other method approved by the employer. When feasible, the request should include the anticipated length of the absence.

If the need for paid sick leave is foreseeable, the employee must make a good-faith effort to provide advance notice and should attempt to schedule the leave in a way that minimizes disruption to the employer’s operations.

Employers that require advance notice must maintain a written policy outlining the procedures employees must follow.

Next Steps

Paylocity will continue to monitor state agency communications for additional guidance regarding Virginia’s paid sick leave requirements. In the meantime, employers can review Virginia’s Department of Labor and Industry for additional details.

Thank you for choosing Paylocity as your valued service partner. This information is provided as a courtesy, may change, and is not intended as legal or tax guidance. Employers with questions or concerns outside the scope of a Payroll Service Provider are encouraged to seek the advice of a qualified CPA, Tax Attorney, or Advisor.

About the Author

Paylocity CGR Team Paylocity CGR Team Paylocity

Paylocity's Compliance & Government Relations (CGR) team combines expertise in policy, payroll tax, and HCM to help shape seamless solutions in a constantly evolving environment. By partnering with government agencies and industry leaders, they transform emerging regulatory trends into innovative and intuitive product enhancements.

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