Leave Laws in Virginia

Virginia Leave Laws Mandates

The Family and Medical Leave Act (FMLA) serves as the cornerstone of Virginia’s employee leave laws, which are primarily derived from federal law. The FMLA allows qualified workers to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain military family needs, the birth, adoption, or foster placement of a child, or to care for a spouse, parent, or child who has a serious health condition. Employees are permitted to take up to 26 weeks of military caregiver leave to provide care for a covered service member who has suffered a serious illness or injury.

At present, private sector workers in Virginia are not covered by a statewide paid family and medical leave program. However, most employers are now required by state law to offer paid sick leave. Added paid benefits for military and parental leave are also available to state and public employees.

Virginia Sick Leave Law

As of 2025, Virginia requires nearly all employers to provide paid sick leave. Employees accrue one hour of paid sick leave for every 30 hours worked, with the leave available for their own illness, a family member’s illness, preventive care, or related appointments. Exemptions are narrow and mostly apply to federal employees or those under clearly defined union contracts. Unused sick leave is carried over, and there is no state requirement for payout at separation. Public employees may use additional sick leave as set out by their agency policy.

Virginia Paid Time Off (PTO) and Vacation Leave

State and public employees accrue vacation and PTO under standardized rules, with accrual rates depending on the job and years of service. This is because Virginia has no law mandating PTO or vacation leave for private employers. If a private employer offers PTO or vacation, all accrual, use, and separation payout must comply with the employer’s published policy.

Virginia Paid Parental and Adoption Leave

Virginia has no state-paid family or parental leave law for the private sector. The law only applies to state and certain local government employees, granting up to 8 weeks of paid parental leave following the birth, adoption, or placement with the foster family of a child under 18. Under FMLA, all employees who meet the qualifications are entitled to 12 weeks of unpaid leave for the same reasons. For adoption purposes, state agencies may permit days paid under any leave (parental, annual, sick leave) to be blended.

Virginia Pregnancy Disability Accommodation Law

Virginia employers with five or more employees are legally required to provide reasonable accommodations for employees experiencing limitations due to pregnancy, childbirth, or related medical conditions. Examples include more frequent breaks, modified schedules, light duty, or leave to recover from childbirth. Employers must provide clear notice of these rights and may not retaliate against workers seeking accommodation.

Virginia Military Leave

Both federal USERRA and Virginia state law guarantee job-protected leave for employees called to active military service. Public sector employees, including National Guard members, are eligible for up to 21 workdays of paid military leave per federal fiscal year for certain types of active duty or emergency service. All other employees are entitled to military leave without pay but retain reinstatement of rights.

Virginia Bereavement, Jury Duty, and Voting Leave

Virginia law does not mandate bereavement leave; availability is determined by agency and employer policies. Employers are not allowed to penalize workers for taking unpaid leave to serve on juries. Employees must be granted paid leave to vote if they are not working for at least three hours straight during polling hours.

Virginia Leave Types, Eligibility and Duration