On May 20, 2026, Governor Spanberger signed SB 199/HB 5, a new statewide Paid Sick Leave (“PSL”) program (“Act”). Virginia previously required PSL only for home health workers (codified Va. Code §§ 40.1‑33.3 through 40.1‑33.6). SB 199/HB 5 significantly expands coverage to nearly all employees in the Commonwealth.

Key Provisions of SB 199/HB 5

Eligible Employees

All employees employed by an employer, except home health workers covered by the 2021 Paid Leave program as defined by Va. Code § 40.1‑33.3;

Broad Definition of “Family members,” including: 

• A child;
• Parents of an employee or an employee's spouse;
• An employee’s spouse or domestic partner;
• Grandparents, grandchildren, or siblings of an employee or the employee's spouse or domestic partner;
• An individual for whom an employee is responsible for providing or arranging health or safety-related care; or
• Any other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.

Permitted Uses include:  

• Diagnosis, care, or treatment of a mental or physical illness, injury, or health condition;
• Preventative medical care; or
• Time to address instances of domestic violence, sexual assault, or stalking. 

Accruals and Caps on Usage

Employers must permit eligible employees to accrue at least one hour of PSL per 30 hours worked, up to 40 hours per year.  Employers are not required to permit employees to use more than 40 hours of PSL in a year. Employee accruals must begin upon hire.

Carryover and Frontloading

Employers must permit employees to carry over any accrued but unused PSL to the following year.  Employers that frontload 40 hours of PSL at the beginning of the year may avoid carryover requirements.

Increments

PSL must be taken in hourly increments, unless an employer allows PSL to be taken in smaller increments.

Termination and Rehire

Employers are not required to pay out any accrued but unused PSL to employees upon termination.  If a separated employee is rehired within 12 months of separation by the same employer, previously accrued but unused PSL shall be reinstated unless the employer paid out such accrued PSL upon separation.

Wage Replacement

Employees must be compensated at their regular rate of pay (may not be less than the applicable minimum wage as defined in Va. Code § 40.1-28.10); and

Policies and Notices

Employers may either adopt a new policy or maintain an existing policy that meets or exceeds the Act's requirements. 

Employers must provide and post written notices informing their employees of their PSL rights. The Act requires the Virginia Commissioner of Labor and Industry (“Commissioner”) to implement notice regulations, which may include a model notice. 

Important Dates

• July 1, 2027 – Employers with 50+ employees
• January 1, 2028 – Employers with 25+ employees
• January 1, 2029 – All employers 

The Commissioner must issue regulations on implementation and enforcement by July 1, 2027.

You can find additional information on the Governor of Virginia News Release - Paid Sick Leave.