Virginia Paid Sick Leave and Paid Family Leave: 2027 and 2028 Dates for Employers
Virginia Paid Sick Leave and Paid Family Leave: 2027 and 2028 Dates for Employers
Virginia has enacted two employer leave laws, and they start on different dates. Statewide virginia paid sick leave starts July 1, 2027 for employers with 50 or more employees, reaches employers with 25 or more on January 1, 2028, and covers every employer with at least one employee on January 1, 2029. The virginia paid family leave program collects payroll contributions starting April 1, 2028 and pays benefits starting December 1, 2028. Nothing is due from you today, but these are the dates to plan around.
| Requirement | Who it covers | Key date |
|---|---|---|
| Paid sick leave | Employers with 50 or more employees | July 1, 2027 |
| Paid sick leave | Employers with 25 or more employees | January 1, 2028 |
| Paid sick leave | Every employer with at least one employee | January 1, 2029 |
| Paid Family and Medical Leave contributions | Employers, workers and self-employed individuals who participate | April 1, 2028 |
| Paid Family and Medical Leave benefits | Eligible workers | December 1, 2028 |
Virginia Paid Sick Leave: Who Is Covered and When
The statewide paid sick leave requirement appears in Va. Code 40.1-33.6:1 to 40.1-33.6:4, as enacted by 2026 Acts chapters 1128 and 1129. The law phases in by employer size, so count your employees before you calculate which date applies to you. Confirm how the count applies to part-time staff, staffing agency workers and employees in multiple locations with an employment attorney, because those details decide your first compliance date.
- July 1, 2027: employers with 50 or more employees
- January 1, 2028: employers with 25 or more employees
- January 1, 2029: every employer with at least one employee
How Leave Accrues
Employees earn at least one hour of paid sick leave for every 30 hours worked, starting from their first day of employment. Unused leave carries over to the next year. An employee does not accrue or use more than 40 hours a year unless you set a higher limit.
Exempt salaried employees are treated as working 40 hours a week for accrual purposes unless their normal workweek is shorter. Two options make compliance simpler. If you give employees 40 hours of leave at the start of each year, you satisfy the accrual rule. If your existing paid time off policy can be used for the same reasons and on the same terms as the statute requires, that policy can satisfy the law. A collective bargaining agreement that provides equal leave also satisfies it.
What Employees Can Use Leave For
Employees can use paid sick leave for three categories of absence:
- Their own illness, injury, health condition, diagnosis, care or treatment, or preventive care
- The same reasons for a family member, including a child, grandchild, grandparent, parent, sibling, spouse or domestic partner, with step, foster and adopted relationships included, plus others who live in the home or depend on the employee for care
- Absences tied to domestic violence, sexual assault or stalking
Pay, Documentation and Use Rules
Sick leave is paid at the employee's regular rate. Pay can never fall below the minimum wage, and no tip credit reduction applies to it. Virginia's minimum wage is $12.77 in 2026, $13.75 in 2027 and $15.00 in 2028, so your sick pay floor rises on the same schedule as your wage floor.
The statute sets clear limits on how you manage leave:
- You may require use in increments of no more than four hours.
- You may require documentation only for absences of three or more consecutive work days.
- You must keep employee health information confidential.
- You cannot require the employee to find a replacement.
- You cannot retaliate against an employee for using leave.
Accrued leave does not have to be paid out when employment ends. If the same person is rehired within 12 months, however, the leave is reinstated.
Who Is Excluded
Three groups fall outside this law. Home health workers are covered by the separate home health sick leave law at Va. Code 40.1-33.2 to 40.1-33.5. Certain licensed health care workers are excluded if they work 30 hours a week or less or are called in as needed. Railway employers covered by federal law are also excluded. Confirm whether an exclusion applies to a specific role before you assume it does.
Paid Family and Medical Leave: What the Program Covers
The Paid Family and Medical Leave program was enacted through SB 2 and HB 1207 in the 2026 session. The Virginia Employment Commission (VEC) runs the program. It provides up to 12 weeks of paid leave a year for several reasons:
- The birth, adoption or placement of a new child
- A serious health condition of the worker
- Caring for a family member with a serious health condition
- Military family needs
- Domestic violence, sexual assault or stalking
Wage replacement is up to 80 percent of the worker's average weekly wage, capped at the state average weekly wage.
How Contributions Work
The program is funded by a small payroll contribution. Employers, workers and self-employed individuals who choose to participate all pay in. Employers may cover part of the worker's share. Employers with 10 or fewer employees are not required to pay the employer contribution. The VEC will set the 2028 contribution rate, and the Commissioner must set it by October 1, 2027. Check with the VEC for the figure once it is published, because the rate is not settled in this guide.
Employers may also apply to offer an approved private alternative that meets or exceeds the state benefits. If you already offer a comparable plan, review it against the state standard before the April 1, 2028 contribution start.
The VEC Timeline
- 2026 and 2027: the VEC develops the program
- By October 1, 2027: the Commissioner sets the 2028 contribution rate
- April 1, 2028: contributions begin
- December 1, 2028: claims open
Rules are still being written. Confirm eligibility, documentation requirements and the contribution rate with the VEC as they are finalized. Do not plan around a January 2029 benefit start, because the VEC timeline above does not show one.
How the Two Laws Differ
These are separate programs with separate rules. Paid sick leave is an employer obligation that you administer through your own accrual and pay systems. The Paid Family and Medical Leave program is a state program funded by payroll contributions, with an option for employers to offer an approved private alternative. Many employers will need to update both their leave policies and their payroll setup, so plan for both at once.
What Employers Should Do Now
Nothing is due yet, which gives you time to prepare. Work through these steps:
- Calendar every date in the table above, including July 1, 2027, January 1, 2028, January 1, 2029, April 1, 2028 and December 1, 2028.
- Count your employees to determine which paid sick leave date applies to your business.
- Compare your current paid time off policy with the accrual, use and documentation rules. Decide whether to revise it or adopt a separate sick leave policy.
- Ask your payroll provider whether it can track leave by hours worked, enforce the 40 hour annual limit, handle the four hour increment rule and manage the 2028 Paid Family and Medical Leave contribution.
- Watch the VEC for final rules, the 2028 contribution rate and claims guidance.
- Track your wage floor, since the minimum wage increases to $13.75 in 2027 and $15.00 in 2028.
Important: This guide is informational content, not legal or tax advice. Virginia's leave laws are new, and the VEC's rules are still being written. Confirm your obligations with a qualified employment attorney or CPA, especially if you have a complex workforce, multiple locations or a current paid time off policy you want to keep.