FLARE™ State Leave Law Database

Virginia Leave Laws for Employers

Employer-focused guidance on Virginia leave administration, including state leave law indicators, federal FMLA coordination, paid family and medical leave planning, ADA review, payroll, benefits continuation, documentation, and return-to-work workflows.

Last Updated: June 28, 2026
5 Minute Read
At a Glance

Virginia Leave Law Snapshot

Use this snapshot as a quick employer-facing overview. Virginia has current limited paid sick leave requirements for home health workers and has enacted a future paid family and medical leave program, but employers should still review federal law, company policy, ADA, workers’ compensation, payroll, benefits, and documentation practices.

Federal FMLAApplies
State Paid Family LeaveEnacted / Future Program
Paid Sick LeaveLimited / Transition Review
Voting LeaveNo Broad Private Mandate
Jury DutyRequired Protection
Military LeaveFederal / State Review
ADA AccommodationFederal Review
Workers’ CompensationSeparate Process
Employer Overview

Virginia Employer Leave Law Overview

Virginia employers should review leave requests through multiple lenses, including federal FMLA, Virginia paid sick leave rules for covered home health workers, the future Virginia paid family and medical leave program, employer handbook policies, ADA accommodation, workers’ compensation, payroll coordination, benefits continuation, and return-to-work documentation.

YES

Federal FMLA

Applies to covered employers and eligible employees. Review eligibility, notices, certification, designation, tracking, benefits, and return to work.

ENACTED / FUTURE PROGRAM

Virginia Paid Family & Medical Leave

Virginia has enacted a statewide paid family and medical leave program with future payroll contributions and benefits. Employers should monitor effective dates, payroll setup, employee communication, and coordination with FMLA, STD, LTD, PTO, ADA, and benefits continuation.

LIMITED / TRANSITION REVIEW

Paid Sick Leave

Virginia currently has paid sick leave requirements for covered home health workers. Employers should also monitor any broader paid sick leave requirements, handbook language, accrual rules, payroll setup, attendance practices, and local policy obligations.

YES

Jury Duty Leave

Review job protection, pay treatment, documentation, scheduling, manager communication, and anti-retaliation requirements for employees summoned for jury service.

NO BROAD PRIVATE MANDATE

Voting Leave

Virginia does not generally require broad private-sector time off to vote. Employers should still review scheduling flexibility, election-officer situations, public-sector rules, and non-retaliation practices.

FEDERAL / POLICY REVIEW

ADA / Accommodation

When FMLA ends or does not apply, employers may still need to evaluate ADA reasonable accommodation and interactive process obligations.

FLARE™ Complexity Rating

Virginia Leave Complexity Score

★★★★☆

Moderate-to-High Complexity

Virginia leave administration is becoming more complex because employers must coordinate federal FMLA, limited paid sick leave rules, future paid family and medical leave requirements, ADA accommodation, workers’ compensation, jury duty protections, military leave, payroll, benefits, documentation, and internal policy administration.

✓ Federal FMLA
✓ Future VA PFML
✓ Paid Sick Leave Review
✓ ADA Review
✓ Workers’ Compensation
✓ Jury Duty / Military Leave
State Law Indicator

Virginia Leave Law Category Review

Use this table as a quick employer-facing guide. A “Limited,” “Future Program,” or “Policy Review” result means employers should confirm applicability, effective dates, employee eligibility, industry coverage, and policy language before making decisions.

Federal FMLAJob-protected leave for qualifying reasons
Yes — Federal
Review employer coverage, employee eligibility, notices, certification, designation, tracking, and benefits continuation.
Virginia Paid Family & Medical LeaveStatewide paid leave program
Enacted / Future Program
Virginia has enacted a paid family and medical leave program with future employer/employee payroll contribution and benefit administration requirements. Review implementation timelines, payroll setup, employee communications, and coordination with FMLA, STD, LTD, PTO, ADA, and benefits continuation.
Virginia State Family / Medical LeaveStatewide private-sector FMLA-style job-protected leave
Future / Coordination Review
Employers should coordinate federal FMLA, the future Virginia paid family and medical leave program, ADA, workers’ compensation, paid sick leave, and internal leave policies.
Paid Sick LeaveStatewide private-sector paid sick leave
Limited / Transition Review
Virginia paid sick leave currently applies to covered home health workers, and employers should monitor broader paid sick leave developments. Review eligibility, accrual, carryover, usage, payroll coding, attendance rules, and handbook language.
Paid Family LeavePaid leave benefits for family, medical, bonding, and covered safe leave reasons
Enacted / Future Benefits
Plan ahead for contribution timing, employee eligibility, wage replacement, leave reason coding, benefit offsets, payroll deductions, employer communications, and coordination with FMLA and disability benefits.
Jury Duty LeaveEmployee summoned for jury service
Yes
Review job protection, pay treatment, documentation expectations, scheduling, supervisor communication, and anti-retaliation rules.
Voting LeaveTime away to vote when needed
No Broad Private Mandate
Virginia does not generally require broad private-sector voting leave. Review scheduling flexibility, election-officer service, public-sector obligations, manager communication, and non-retaliation practices.
Military LeaveMilitary service, training, or deployment
Yes / Federal Overlap
Coordinate USERRA, job restoration, benefits, seniority, payroll, documentation, and Virginia military or public-employer protections when applicable.
Bereavement LeaveDeath of family member or covered relationship
No Broad Private Mandate
Refer to employer bereavement, PTO, unpaid leave, attendance, and documentation policies.
Domestic Violence / Safe LeaveLeave related to safety, court, or victim services
Future PFML / Policy Review
Virginia’s future paid family and medical leave program includes covered safe-leave-related reasons. Employers should review confidentiality, documentation, internal safety procedures, EAP resources, ADA/FMLA overlap, court appearances, and policy language.
School Activity LeaveLeave for school meetings or child activities
No Broad Mandate
Refer to employer PTO, flexible schedule, unpaid leave, attendance, and manager approval policies.
Vacation / PTOEmployer-provided paid time off
Employer Policy
Apply written policy consistently. Review accrual, carryover, payout, forfeiture, wage-payment treatment, and termination language.
ADA Accommodation LeaveLeave as reasonable accommodation
Federal Review
Evaluate interactive process, essential functions, medical documentation, undue hardship, and FMLA exhaustion.
Workers’ Compensation LeaveWork-related injury or illness
Yes / Separate Process
Coordinate workers’ compensation, FMLA, ADA, STD, payroll, benefits, restrictions, and return-to-work documentation.
Employer Risk Areas

Common Virginia Employer Leave Mistakes

□ Missing future Virginia paid family and medical leave planning
□ Treating paid sick leave as only a handbook issue
□ Missing eligibility notices or designation notices
□ Failing to track intermittent leave accurately
□ Managers approving leave without HR review
□ Payroll and leave records not matching
□ Benefits continuation not monitored
□ ADA review missed after FMLA exhaustion
FLARE™ Employer Review

Where Virginia Employers Often Have Gaps

☑ FMLA eligibility is not documented consistently
☑ Required notices are delayed or missing
☑ Future PFML payroll planning is not assigned
☑ Leave, payroll, and benefits are not coordinated
☑ Employee premiums are not tracked during unpaid leave
☑ Managers are not trained on leave triggers
☑ ADA review is missed after FMLA exhaustion
☑ Employer policy does not match actual practice
Leave Administration Areas

Virginia Employer Leave Topics

1. Federal FMLA

Review employer coverage, employee eligibility, qualifying reasons, notices, certification, designation, leave tracking, benefits continuation, and return-to-work steps.

2. Virginia Paid Family & Medical Leave Planning

Prepare for contribution timing, payroll deductions, employee communication, wage replacement, leave reason coding, and coordination with FMLA, disability, PTO, ADA, and benefits continuation.

3. Sick Leave, PTO & Attendance

Review covered home health worker obligations, future paid sick leave developments, internal PTO, sick leave, attendance, unpaid leave, call-in, scheduling, and documentation policies.

4. Jury Duty & Voting Leave

Document jury summonses, voting schedule needs, election-officer situations, pay treatment, manager communication, and anti-retaliation expectations.

5. Military Leave

Coordinate military leave with USERRA, job restoration, benefits continuation, seniority, payroll, documentation, and any applicable Virginia protections.

6. ADA, Workers’ Compensation & Disability Overlap

Leave cases may involve FMLA, ADA accommodation, workers’ compensation, STD, LTD, payroll, benefits, and return-to-work documentation at the same time.

Related FLARE™ Resources

Continue Reviewing Leave Administration

Source Review

Sources Reviewed for This Virginia Page

This page was prepared for employer-facing review using the U.S. Department of Labor, Virginia Department of Labor and Industry, Code of Virginia resources, Virginia Workers’ Compensation Commission information, and current Virginia paid leave reporting.

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Disclaimer: This page is for general educational purposes only and is not legal advice. Leave laws change, and employer obligations may depend on employer size, employee eligibility, location, policy language, effective dates, and the facts of each situation. Employers should consult qualified legal counsel regarding specific Virginia leave law obligations, employee situations, and policy decisions.