Virginia Paid Sick Leave Laws: Your Entitlements

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., is the primary federal paid leave law. It applies to employers with 50 or more employees within 75 miles, and covers employees who have worked there at least 12 months and 1,250 hours. FMLA provides up to 12 weeks of unpaid leave per 12-month period for qualifying reasons: serious health conditions, birth or adoption, military family leave, and qualifying exigencies. The leave must be restored upon return. However, FMLA does not require paid leave; it only protects job status during unpaid absence.

The EEOC and U.S. Department of Labor enforce FMLA. No federal law mandates paid sick leave generally. Some federal workers have paid leave under agency-specific rules, but private employers have no federal paid sick leave obligation outside of specific states' laws. Remedies for FMLA violations include damages, back pay, and attorney fees under 29 U.S.C. § 2617.

Virginia Code section 40.1-104 and related wage and hour statutes do not mandate paid sick leave for private-sector employees. Virginia is among the states with no statewide paid sick leave requirement. This places Virginia significantly behind other states: for example, California, New York, Massachusetts, and many others require employers to provide paid sick leave. However, Virginia has recognized an important exception: public employees covered by Virginia Code section 2.2-3005.1 are entitled to paid sick leave.

Under Virginia Code section 2.2-3005.1, state employees receive paid sick leave accrual, generally one day per month, usable for personal illness, family care, and certain other purposes. This applies only to state government employees, not private sector workers.

Localitites in Virginia have begun filling the gap left by state inaction. Arlington County Code section 4.1-29 et seq. requires private employers with 5 or more employees to provide paid sick leave: one hour per 30 hours worked, up to 40 hours annually for employers with fewer than 100 employees, and up to 56 hours for larger employers. The City of Alexandria has a similar ordinance. Fairfax County and other jurisdictions do not currently mandate paid sick leave.

Private employers in Virginia are not prohibited from providing paid sick leave—many do voluntarily. Whether an employee is entitled depends on: (1) employer policy, (2) locality of work, and (3) public vs. private employment. An employee in Arlington working for a covered employer has a right to paid sick leave under the local ordinance; the same employee in an uncovered locality or county has no legal entitlement unless the employer voluntarily provides it.

Virginia state employees: accrue paid sick leave at one day per month.

Arlington County paid sick leave ordinance: applies to employers with 5 or more employees. Employees earn 1 hour per 30 hours worked. Minimum annual accrual: 40 hours for employers with fewer than 100 employees; 56 hours for employers with 100+ employees.

City of Alexandria paid sick leave ordinance: applies to employers with 5 or more employees. Minimum 40 hours annually.

Federal FMLA: 12 weeks unpaid leave over 12 months at covered employers (50+ employees).

Virginia has significant exceptions and limitations on paid sick leave rights. Most importantly, private-sector employees in Virginia have no statewide entitlement. The major exceptions are:

(1) Geographic limitation: paid sick leave ordinances apply only in specific localities. An employee working in Arlington County or Alexandria has rights; the same employee working 10 miles away in an uncovered county typically does not. Employers must know which locality's rules apply based on where work is performed.

(2) Employer size thresholds: Arlington and Alexandria ordinances apply only to employers with 5 or more employees. A small business with 4 employees has no obligation.

(3) Federal FMLA exceptions: FMLA applies only to employers with 50+ employees. Additionally, employees must have worked there 12 months and 1,250 hours. New hires, part-time workers not meeting 1,250 hours annually, and employees at small firms are not covered. FMLA also only protects job status; it provides unpaid leave, not paid leave.

(4) Purpose limitations: both locality ordinances and FMLA restrict when leave can be used. Generally, paid sick leave may be used for employee's own illness, family member illness, preventive care, and certain domestic violence situations—not for vacation or personal convenience.

(5) Accrual caps: Arlington caps accrual at 40-56 hours annually depending on employer size. Employees cannot roll over unlimited balances year to year in all circumstances.

(6) Public employment carve-out: only state employees receive the state-mandated paid sick leave. County and local government employees may have different rights under their own policies.

(7) At-will employment principle: Virginia is an at-will employment state. Employers can terminate employment for any lawful reason. However, termination specifically for using accrued paid sick leave violates local ordinances and may constitute retaliation.

Step 1: Document Everything. If you believe your employer violated paid sick leave rights, keep detailed records: dates you requested sick leave, whether the request was approved or denied, whether you were paid, and any employer communications denying the leave or retaliating. Save emails, text messages, and written policies. If you are a state employee, document accrual balances and denials. If you work in Arlington or Alexandria, document that you meet the ordinance threshold (5+ employees, worked 30 hours, etc.). Note the specific reason you needed leave (illness, family care) to establish it qualifies under the law.

Step 2: Internal Complaint and Employer Documentation. First, attempt to resolve the issue internally. Send a written request to HR or management stating: (1) the dates you requested sick leave, (2) whether you were denied or not paid, (3) the specific violation (e.g., "I worked for this Arlington employer for 18 months and earned 40+ hours but was denied payment"). Request written explanation. Keep a copy of your letter and any response. This creates a record and may prompt correction. Ask specifically what the employer's paid sick leave policy is in writing.

Step 3: File a Wage Complaint with the Virginia Department of Labor. Paid sick leave violations are treated as wage and hour claims in Virginia. File a complaint with the Virginia Department of Labor and Industry, Division of Labor and Employment Law. Phone: 1-866-4-LABOR-1 (1-866-452-2761). Website: www.doli.virginia.gov. You do not need an attorney to file. Provide: your name and contact, employer name and address, dates of violations, amount of unpaid sick leave or wages owed, and a summary of what happened. Include locality information (e.g., "I work in Arlington") because it determines which ordinance applies. Virginia also has a state employee grievance process under Virginia Code section 2.2-3004.1 if you are a public employee; state employees may file through the state grievance system or labor department.

Step 4: Investigation and Resolution. The Virginia Department of Labor will investigate your complaint. This typically takes 30-60 days but may extend longer. The investigator will contact your employer, request records, and attempt to determine whether a violation occurred. Violations of paid sick leave ordinances may also be referred to the local government (Arlington County or City of Alexandria) if applicable. The investigator may request you provide additional information. If a violation is found, the department may order the employer to pay unpaid wages, interest, and penalties. Employers may appeal the determination.

Step 5: When to Consult an Attorney. Consult an employment attorney if: (1) your complaint is denied and you believe the employer violated the law, (2) you face retaliation after requesting sick leave or filing a complaint (such as termination, hours reduction, or discipline), (3) the amount owed is significant (typically $1,000+), or (4) the employer refuses to cooperate with the investigation. Employment-side (plaintiff's) attorneys in Virginia often work on contingency for wage claims or retaliation cases. An attorney can file in Virginia state court under the Virginia Payment of Wages Law (Virginia Code section 40.1-29) or under local ordinances, and can pursue additional remedies such as liquidated damages, attorney fees, and retaliation claims.