What is Virginia state law on vacation and sick leave time?

Virginia does not have statewide laws requiring employers to provide paid vacation or sick leave. As a result, many employers do not offer these benefits. However, employers who offer paid vacation or sick leave must follow the state's wage and hour laws.

Vacation Leave

Employers who provide paid vacation leave are not required to allow employees to use their vacation time for any specific purpose. An employer may allow an employee to use vacation time for general travel or personal days, or may have more restrictive policies. For instance, an employer may require an employee to save their vacation time for emergencies, or may only allow employees to use vacation time during certain periods of the year.

Employers are also not required to pay employees for unused vacation time when they leave their job. However, if an employee terminates their employment before using all of their accrued vacation time, the employer must pay the employee for the unused vacation time if the employer has a policy or practice that provides for compensation for unused vacation time.

Sick Leave

There are no state laws in Virginia that require employers to provide paid sick leave. However, Virginia employers are required to provide unpaid sick leave under the federal Family and Medical Leave Act (FMLA). The FMLA allows employees to take up to 12 weeks of unpaid, job-protected leave for medical reasons or for the birth or adoption of a child.

Some Virginia employers offer paid sick leave voluntarily, but these employers are not required to follow any state laws governing the accrual or use of sick leave. An employer may set its own policies and procedures for sick leave, such as how much sick leave an employee can accrue, how employees can use their sick leave, and whether employees will be paid for unused sick leave when they leave their job.

Wage and Hour Laws

Even if an employer does not provide paid vacation or sick leave, the employer must still comply with the state's wage and hour laws. Virginia employers are required to pay their employees for all hours worked. This means that if an employee works 10 hours, they must be paid for 10 hours, regardless of whether their employer provides paid vacation or sick leave.

In addition, employers are required to provide their employees with meal breaks and rest periods. Virginia law requires that employees receive a 30-minute meal break if they work more than six consecutive hours. Employees are also entitled to two 15-minute rest breaks if they work more than four consecutive hours.