Most private employers in Virginia aren’t subject to any paid time off (PTO) laws. There’s one very specific subset of employees who do get paid sick leave under Virginia law, though. We’ll talk about them later.
For most private employers, PTO and sick leave policies are optional. Once those policies are in place, though, sticking to them is a must. (A reliable payroll software service can help you do just that.)
Plus, there are times when Virginia employers will need to offer unpaid leave.
Here’s what you need to know if you have employees in Virginia.
Virginia PTO Laws Don’t Dictate What Employers Can Do
Employers have a lot of room to decide how they handle PTO policies in Virginia. They aren’t required to give employees any PTO for things like vacations, personal time, or sick days. Unless, that is, the employee is a home health worker who works 20 or more hours a week or 90 hours per month.
Lawmakers have tried to give the lion’s share of Virginia employees the right to paid sick leave á la Maryland, Maine, and New York. But many of those legislative efforts have failed to become law—except for the paid sick leave for specific home health care workers paid by Medicaid.
These workers must accrue a minimum of one hour of paid sick leave for every 30 hours worked. Additionally, they must be able to carry the paid sick leave over from year to year, with an accrual cap of 40 hours a year.
For everyone else, it’s up to the employer. There aren’t any special PTO payout or accrual laws in Virginia.
Here’s a closer look at what the absence of PTO laws means for Virginia employers:
- PTO Accruals: Since there’s no state requirement for a PTO accrual system, employers in Virginia can set up their own rules. You can let PTO build up based on how many hours your employees work, or you can give employees a set amount at the beginning of the year. Whatever you decide, make sure you outline all the terms and conditions in an employee policy or contract. And then stick to them.
- PTO Payouts: Virginia law doesn’t require employers to pay out unused PTO to employees unless you’ve promised to do so in your policy or contract. Make sure you understand the strengths and limitations of PTO payouts and clearly outline how they work in your company.
- Lack of Statewide PTO Rules: Virginia’s lack of strict PTO regulations essentially means the ball’s in the employer’s court. You’ve got the freedom to design whatever type of policy that best fits your business.
Whatever you do, make sure you put any PTO policies in writing. Educate your employees on what they mean and how they work.
And keep in mind that in Virginia, as in most other states, there are legal consequences for breaking an employer policy or contract.
So be prepared to stick to your policy. If you need to make a change, do so in a way that’s above board and follows all the legal processes—including whatever process your company has established for making a policy change. It’s always a good practice to consult an employment attorney to make sure you’re doing everything the right (and legal) way.
When Are Virginia Employers Required to Provide Unpaid Leave?
Here’s a breakdown of the situations when employers must provide unpaid leave to their employees in Virginia.
Family and Medical Leave
In Virginia—as in the rest of the United States—employers must follow the federal Family and Medical Leave Act (FMLA) guidelines.
Under FMLA, companies with 50 or more employees within a 75-mile radius must give employees up to 12 weeks of unpaid leave every year. The leave is job-protected, which means the employee can’t lose their job while they’re on leave. They also can’t lose access to their health insurance plan, if you offer one.
So, when can employees take FMLA leave? For basically any family or medical-related reason. This could include the birth or adoption of a child, caring for a family member with a serious condition, or dealing with personal health issues.
Employees aren’t eligible right after they join your company, though. First, they have to have worked for you for at least a year, clocking at least 1,250 hours during that period.
And if you want proof that the employee actually does need to take FMLA leave, you can require certification from a healthcare provider. For employees taking medical leave for themselves or a family member, anyway.
Employees must also give 30 days’ notice if they can foresee the need for taking FMLA leave. This is common with things like surgery and childbirth. If they can’t foresee the need to take FMLA—aka because of an emergency—they just need to let you know as soon as possible.
Sick Leave
Aside from requiring employers to give certain home healthcare workers paid sick leave, Virginia doesn’t have any of its own sick leave laws—paid or unpaid.
You can decide to offer paid sick leave, of course. If you want to, you can even require employees to give you specific, advance notice for paid sick leave. And even a doctor’s note, as with FMLA leave. You just need to outline these requirements in your employee policy or contract and make sure employees know about them beforehand.
Or, you can keep things simple and stress-free by creating a generous PTO policy that includes plenty of room for sick days.
Bereavement Leave
Virginia law doesn’t require employers to offer bereavement leave. But including one in your employee policy is one of the most compassionate things you can do. No one is going to want to work on the heels of losing a loved one.
And they shouldn’t have to worry about losing their job and an important person in their life.
Not sure where to get started with your bereavement leave plan? We’ve outlined everything you need to know in our guide to creating a compassionate leave policy.
Jury Duty Leave
If one of your employees gets called for jury duty, you must give them the time off work to go serve. This is true whether it’s a full-time, part-time, or temp worker who gets called for jury duty. You can’t threaten employees with the loss of their jobs or give them any penalties for going on jury duty, either. In Virginia, it’s a Class 4 misdemeanor if you do.
Virginia employers don’t have to pay employees for the time spent away, though. But it’s not a bad idea to offer paid jury duty leave.
You can require employees to show you proof in the form of their jury summons. They should share the summons with you as soon as they get it so both of you can plan for the upcoming wrinkle in the schedule.
Voting Leave
There’s no voting leave law in Virginia, but that doesn’t mean you shouldn’t give employees time off to vote. November’s Election Day is already a state holiday, according to the Code of Virginia § 2.2-3300. If it works for your business, you could treat it like any other holiday and offer paid time off for workers to vote.
On another note, Virginia does require employees to give election officers unpaid time off to work the polls, as per § 24.2-119.1 of the Code of Virginia. You can’t require these workers to use sick leave or PTO for this, either.
Military Leave
Both state and federal law mandates job-protected leave for any employees who serve in the armed forces. This applies to employees serving in any branch of the military, including the National Guard and reserves.
They are entitled to their regular pay during such leave, which is capped at 21 workdays per federal fiscal year. When they get back, employers must restore them to their original position. If it doesn’t exist anymore, employers have to find a similar role for them in the company.
Employers can’t retaliate against military employees for taking time off for military duties. Employees should give employers advance notice, though, and employers can ask to see documentation that proves the need for military leave.
You can read the full law in § 44-93 of the Code of Virginia.
Crime Victim Leave
Any employee who’s been the victim of a crime is entitled to unpaid leave to attend court proceedings related to the crime. The law makes it clear that crime victims can leave for everything from the perpetrator’s initial court appearance to sentencing and beyond.
There’s no hard and fast time limit for this leave, but the law does say employers can “limit the leave provided…if the employee’s leave creates an undue hardship to the employer’s business.” You can also request the employee provide proof of court-related activities related to the crime.
But you can’t fire employees for taking this type of leave or retaliate against them in any way.
