{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.3.html"}],"law_id":75518,"edition_id":1,"section_id":75518,"structure_id":13125,"section_number":"40.1-33.3","catch_line":"Definitions","history":"2021, Sp. Sess. I, c. 449.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Employee” means a home health worker who works on average at least 20 hours per week or 90 hours per month. “Employee” does not include an individual who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) is employed by a hospital licensed by the Department of Health; and (iii) works, on average, no more than 30 hours per month.\n\t\t“Employer” has the same meaning as provided in \u00a7 40.1-2. “Employer” does not include any agency of the federal government.\n\t\t“Family member” means:\n\n1\n\nRegardless of age, a biological child, adopted or foster child, stepchild, legal ward, child to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis when the individual was a minor;2\n\nA biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee or an employee’s spouse, or individual who stood in loco parentis to an employee when the employee or employee’s spouse was a minor child;3\n\nAn individual to whom an employee is legally married under the laws of any state;4\n\nA grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of an employee or the employee’s spouse;5\n\nAn individual for whom an employee is responsible for providing or arranging care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment; or6\n\nAny other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.\n\t\t\t“Home health worker” means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services.\n\t\t\t“Paid sick leave” means leave that is compensated at the same hourly rate and with the same benefits, including health care benefits, as an employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in § 40.1-33.5; however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.","order_by":null,"text":{"0":{"id":271044,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Employee” means a home health worker who works on average at least 20 hours per week or 90 hours per month. “Employee” does not include an individual who (i) is licensed, registered, or certified by a health regulatory board within the Department of Health Professions; (ii) is employed by a hospital licensed by the Department of Health; and (iii) works, on average, no more than 30 hours per month.\n\t\t“Employer” has the same meaning as provided in \u00a7 40.1-2. “Employer” does not include any agency of the federal government.\n\t\t“Family member” means:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":271045,"text":"Regardless of age, a biological child, adopted or foster child, stepchild, legal ward, child to whom the employee stands in loco parentis, or individual to whom an employee stood in loco parentis when the individual was a minor;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":271046,"text":"A biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee or an employee’s spouse, or individual who stood in loco parentis to an employee when the employee or employee’s spouse was a minor child;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":271047,"text":"An individual to whom an employee is legally married under the laws of any state;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":271048,"text":"A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of an employee or the employee’s spouse;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":271049,"text":"An individual for whom an employee is responsible for providing or arranging care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment; or","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":271050,"text":"Any other individual related by blood or affinity whose close association with an employee is the equivalent of a family relationship.\n\t\t\t“Home health worker” means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services.\n\t\t\t“Paid sick leave” means leave that is compensated at the same hourly rate and with the same benefits, including health care benefits, as an employee normally earns during hours worked and is provided by an employer to an employee for the purposes described in § 40.1-33.5; however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10 without reduction for any tip credit that the employer would otherwise be permitted to claim.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5"}},"ancestry":[{"id":13125,"edition_id":1,"name":"Paid Sick Leave","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:44:19","date_modified":"2026-06-26 03:44:19","permalink":{"id":219977,"object_type":"structure","relational_id":13125,"identifier":"2.1","token":"40.1\/3\/2.1","url":"\/40.1\/3\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75518,"structure_id":13125,"section_number":"40.1-33.3","catch_line":"Definitions","url":"\/40.1-33.3\/","token":"40.1\/3\/2.1\/40.1-33.3","metadata":false},{"id":54160,"structure_id":13125,"section_number":"40.1-33.4","catch_line":"Accrual of paid sick leave","url":"\/40.1-33.4\/","token":"40.1\/3\/2.1\/40.1-33.4","metadata":false},{"id":60438,"structure_id":13125,"section_number":"40.1-33.5","catch_line":"Use of paid sick leave","url":"\/40.1-33.5\/","token":"40.1\/3\/2.1\/40.1-33.5","metadata":false},{"id":56134,"structure_id":13125,"section_number":"40.1-33.6","catch_line":"Retaliatory action prohibited","url":"\/40.1-33.6\/","token":"40.1\/3\/2.1\/40.1-33.6","metadata":false}],"next_section":{"id":54160,"structure_id":13125,"section_number":"40.1-33.4","catch_line":"Accrual of paid sick leave","url":"\/40.1-33.4\/","token":"40.1\/3\/2.1\/40.1-33.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.3\/","history_text":false,"references":false,"refers_to":[{"id":55221,"section_number":"40.1-2","catch_line":"Definitions","order_by":null,"url":"\/40.1-2\/"},{"id":63013,"section_number":"40.1-28.10","catch_line":"Minimum wages","order_by":null,"url":"\/40.1-28.10\/"},{"id":60438,"section_number":"40.1-33.5","catch_line":"Use of paid sick leave","order_by":null,"url":"\/40.1-33.5\/"}],"permalink":{"id":219979,"object_type":"law","relational_id":75518,"identifier":"40.1-33.3","token":"40.1\/3\/2.1\/40.1-33.3","url":"\/40.1-33.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.3\/","token":"40.1\/3\/2.1\/40.1-33.3","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article, unless the context requires a different meaning:\n\t\t“Employee<\/span>” means a home health worker<\/span> who works on average at least 20 hours per week or 90 hours per month. “Employee<\/span>” does not include an individual who (i) is licensed, registered, or certified by a health regulatory board<\/span> within the Department<\/span> of Health Professions; (ii) is employed by a hospital licensed by the Department<\/span> of Health; and (iii) works, on average, no more than 30 hours per month.\n\t\t“Employer<\/span>” has the same meaning as provided in \u00a7 40.1-2<\/a>. “Employer<\/span>” does not include any agency of the federal government.\n\t\t“Family member” means:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Regardless of age, a biological child, adopted or foster child, stepchild, legal ward, child to whom the employee<\/span> stands in loco parentis, or individual to whom an employee<\/span> stood in loco parentis when the individual was a minor<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A biological parent, foster parent, stepparent, adoptive parent, legal guardian of an employee<\/span> or an employee<\/span>’s spouse, or individual who stood in loco parentis to an employee<\/span> when the employee<\/span> or employee<\/span>’s spouse was a minor<\/span> child; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> An individual to whom an employee<\/span> is legally married under the laws<\/span> of any state; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A grandparent, grandchild, or sibling, whether of a biological, foster, adoptive, or step relationship, of an employee<\/span> or the employee<\/span>’s spouse; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> An individual for whom an employee<\/span> is responsible for providing or arranging care, including helping that individual obtain diagnostic, preventive, routine, or therapeutic health treatment; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any other individual related by blood or affinity whose close association with an employee<\/span> is the equivalent of a family relationship.\n\t\t\t“Home health worker<\/span>” means an individual who provides personal care, respite, or companion services to an individual who receives consumer-directed services under the state plan for medical assistance services.\n\t\t\t“Paid sick leave<\/span>” means leave that is compensated at the same hourly rate and with the same benefits, including health care benefits, as an employee<\/span> normally earns during hours worked and is provided by an employer<\/span> to an employee<\/span> for the purposes described in § 40.1-33.5<\/a>; however, such hourly rate shall not be less than the minimum wage amount set forth in § 40.1-28.10<\/a> without reduction for any tip credit that the employer<\/span> would otherwise be permitted to claim. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 40.1-33.3)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Employee” means a home health worker who works on average at\nleast 20 hours per week or 90 hours per month. “Employee” does not\ninclude an individual who (i) is licensed, registered, or certified by a health\nregulatory board within the Department of Health Professions; (ii) is employed\nby a hospital licensed by the Department of Health; and (iii) works, on average,\nno more than 30 hours per month.\n\t\t“Employer” has the same meaning as provided in \u00a7 40.1-2.\n“Employer” does not include any agency of the federal government.\n\t\t“Family member” means:\n\n1. Regardless of age, a biological child, adopted or foster child, stepchild,\nlegal ward, child to whom the employee stands in loco parentis, or individual to\nwhom an employee stood in loco parentis when the individual was a minor;\n\n2. A biological parent, foster parent, stepparent, adoptive parent, legal\nguardian of an employee or an employee’s spouse, or individual who stood\nin loco parentis to an employee when the employee or employee’s spouse was\na minor child;\n\n3. An individual to whom an employee is legally married under the laws of any\nstate;\n\n4. A grandparent, grandchild, or sibling, whether of a biological, foster,\nadoptive, or step relationship, of an employee or the employee’s spouse;\n\n5. An individual for whom an employee is responsible for providing or arranging\ncare, including helping that individual obtain diagnostic, preventive, routine,\nor therapeutic health treatment; or\n\n6. Any other individual related by blood or affinity whose close association\nwith an employee is the equivalent of a family relationship.\n\t\t\t“Home health worker” means an individual who provides personal\ncare, respite, or companion services to an individual who receives\nconsumer-directed services under the state plan for medical assistance services.\n\t\t\t“Paid sick leave” means leave that is compensated at the same\nhourly rate and with the same benefits, including health care benefits, as an\nemployee normally earns during hours worked and is provided by an employer to an\nemployee for the purposes described in § 40.1-33.5; however, such hourly\nrate shall not be less than the minimum wage amount set forth in §\n40.1-28.10 without reduction for any tip credit that the employer would\notherwise be permitted to claim.\n\nHISTORY: 2021, Sp. Sess. I, c. 449.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}