Paid sick leave legislation has reemerged in Richmond as a focal point of employment law reforms in Virginia that have been going on since 2020. Current proposed legislation would create paid sick leave obligations for employers that extend well beyond the narrow sector-specific mandate now in place, bringing Virginia closer to the employee paid sick leave benefits adopted in a growing number of other states.

Although the proposal has not yet been enacted, its structure provides meaningful insight into how paid sick leave law in Virginia could evolve and where disputes are most likely to arise. Given the Democratic majority in the General Assembly and a newly inaugurated democratic Governor, it is more likely than not that paid sick leave will get serious consideration in the current legislative session that runs until mid-March.

How the Proposal Would Expand Paid Sick Leave Law in Virginia

Virginia’s current paid sick leave statute applies only to qualifying home health workers and has generated relatively little reported litigation. HB 5 would expand the definition to encompass all employers, as defined below, and fundamentally alter the posture by expanding coverage:

“Employer” means an individual, partnership, association, corporation, legal representative, receiver, trustee, or trustee in bankruptcy doing business in or operating within this Commonwealth who employs another to work for wages, salaries, or on commission and shall include any similar entity acting directly or indirectly in the interest of an employer in relation to an employee.

Sick Leave would also become an expansive term to not only include blood relatives and close family members, but “any other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.”

Accrual, Carryover, and Continuity of Leave

The proposal retains the familiar accrual formula, i.e., one hour of paid sick leave for every thirty hours worked, capped at forty hours per year, but adds detailed rules governing carryover, rehiring, and successor employment. Accrued leave would follow employees who transfer jobs internally, return to work within a defined period after separation, or remain employed following a business transition.

These continuity provisions reinforce the stability of paid sick leave benefits for employees, while simultaneously introducing new recordkeeping and transactional considerations for employers. Corporate restructurings, mergers, and contractor transitions could create statutory obligations to preserve accrued leave, raising questions about how those liabilities could be tracked and allocated.

Expanded Permitted Uses and Confidentiality Obligations

In addition to allowing paid leave for illnesses and family care, the proposed legislation would permit paid sick leave to be used for matters related to domestic violence, sexual assault, or stalking, including medical treatment, counseling, legal proceedings, and relocation. The bill also limits the documentation employers may require from employees and imposes confidentiality obligations on employers regarding the reasons for leave.

These provisions recognize a broader range of circumstances in which protected leave may be necessary, while narrowing managerial discretion over verification and information-sharing. As a result, supervisor training and consistent handling of leave requests will become critical to avoiding inadvertent violations.

Retaliation, Interference, and Attendance Policies

One of the most consequential aspects of the proposed legislation is its treatment of retaliation and interference. Employers would be prohibited from counting paid sick leave as an absence for purposes of discipline or discharge, and the bill extends retaliation protections to employees who cooperate with investigations or raise concerns in good faith, even if those concerns are mistaken.

This strengthens protections against subtle forms of retaliation but also creates tension with traditional attendance and performance-management systems. Point-based attendance policies and progressive discipline models would require careful review, particularly where adverse actions involve a mix of protected and unprotected absences.

Enforcement and Remedies: A Shift Toward Litigation

The proposal would significantly expand enforcement mechanisms by authorizing statutory penalties, and a private right of action to employees to sue their employers that does not require exhaustion of administrative remedies. Available statutory remedies include double damages, reinstatement, injunctive relief, and reimbursement of attorneys’ fees.

By lowering the barriers to enforcement and increasing the potential of recovery, the proposed legislation would cause paid sick leave rights to be more accessible in practice. At the same time, the scope of available remedies will serve to heighten potential litigation exposure for employers and reduce the margin for procedural error, even where the employer’s compliance failures are isolated.

Practical Takeaways

The proposed legislation to provide wide-reaching employee paid sick leave signals a meaningful expansion of workplace protections while underscoring the importance of advance planning for employers. Paid sick leave compliance often turns less on accrual formulas than on how statutory rules are integrated into existing systems, how supervisors are trained, and how enforcement provisions are applied in practice.

Employees who currently rely on employer discretion or internal policies for paid time off would gain enforceable statutory rights, while employers that have never been subject to a paid sick leave mandate would need to integrate accrual and usage rules into existing leave and attendance systems.

Looking Ahead

Whether or not the proposal becomes law in its current form, its favorable impact on employees reflects the trend in employment regulation that has been going on in Richmond since 2020. Paid sick leave is increasingly treated as a baseline workplace protection, enforced through statutory rules and penalties rather than leaving those benefits in the discretion of employers. Understanding how this proposed legislation would operate in practice will be essential for navigating the next phase of paid sick leave regulation in Virginia.

If you have questions or concerns about the pending Virginia paid sick leave legislation, please contact Allison Riddle at 703-525-4000 or ariddle@beankinney.com or Doug Taylor, at 703-526-5586 or rdougtaylor@beankinney.com. Our firm practices in Virginia and the District of Columbia in addition to various other jurisdictions.

This article is for informational purposes only and does not contain or convey legal advice. Consult an attorney. Any views or opinions expressed herein are those of the author and are not necessarily the views of the firm or any client of the firm.