{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.4.html"}],"law_id":54160,"edition_id":1,"section_id":54160,"structure_id":13125,"section_number":"40.1-33.4","catch_line":"Accrual of paid sick leave","history":"2021, Sp. Sess. I, c. 449.","full_text":"A\n\nAll employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked. Paid sick leave shall be carried over to the year following the year in which it was accrued. An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.B\n\nEmployees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., will be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual unless their normal workweek is less than 40 hours, in which case paid sick leave accrues on the basis of that normal workweek.C\n\nPaid sick leave as provided in this section shall begin to accrue at the commencement of employment. An employer may provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year.D\n\nAny employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy.E\n\nAny employer that has entered into a bona fide collective bargaining agreement that requires the employer to provide an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee covered by such collective bargaining agreement.","order_by":null,"text":{"0":{"id":198780,"text":"All employees shall accrue a minimum of one hour of paid sick leave for every 30 hours worked. Paid sick leave shall be carried over to the year following the year in which it was accrued. An employee shall not accrue or use more than 40 hours of paid sick leave in a year, unless the employer selects a higher limit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":198781,"text":"Employees who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., will be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual unless their normal workweek is less than 40 hours, in which case paid sick leave accrues on the basis of that normal workweek.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":198782,"text":"Paid sick leave as provided in this section shall begin to accrue at the commencement of employment. An employer may provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":198783,"text":"Any employer with a paid leave policy, such as a paid time off policy, that provides an employee an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee that is eligible for paid leave under the policy.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":198784,"text":"Any employer that has entered into a bona fide collective bargaining agreement that requires the employer to provide an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave under this article shall not be required to provide additional paid sick leave to any employee covered by such collective bargaining agreement.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.4\/","history_text":false,"references":false,"refers_to":false,"permalink":{"id":219983,"object_type":"law","relational_id":54160,"identifier":"40.1-33.4","token":"40.1\/3\/2.1\/40.1-33.4","url":"\/40.1-33.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.4\/","token":"40.1\/3\/2.1\/40.1-33.4","dublin_core":{"Title":"Accrual of paid sick leave","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All employees<\/span> shall accrue a minimum of one hour of paid sick leave<\/span> for every 30 hours worked. Paid sick leave<\/span> shall be carried over to the year following the year in which it was accrued. An employee<\/span> shall not accrue or use more than 40 hours of paid sick leave<\/span> in a year, unless the employer<\/span> selects a higher limit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Employees<\/span> who are exempt from overtime requirements under 29 U.S.C. § 213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., will be assumed to work 40 hours in each workweek for purposes of paid sick leave<\/span> accrual unless their normal workweek is less than 40 hours, in which case paid sick leave<\/span> accrues on the basis of that normal workweek. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Paid sick leave<\/span> as provided in this section shall begin to accrue at the commencement of employment. An employer<\/span> may provide all paid sick leave<\/span> that an employee<\/span> is expected to accrue in a year at the beginning of the year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any employer<\/span> with a paid leave policy, such as a paid time off policy, that provides an employee<\/span> an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave<\/span> under this article shall not be required to provide additional paid sick leave<\/span> to any employee<\/span> that is eligible for paid leave under the policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any employer<\/span> that has entered into a bona fide collective bargaining agreement that requires the employer<\/span> to provide an amount of paid leave sufficient to meet the requirements of this section and that may be used for the same purposes and under the same conditions as paid sick leave<\/span> under this article shall not be required to provide additional paid sick leave<\/span> to any employee<\/span> covered by such collective bargaining agreement. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACCRUAL OF PAID SICK LEAVE (\u00a7 40.1-33.4)\n\nA. All employees shall accrue a minimum of one hour of paid sick leave for every\n30 hours worked. Paid sick leave shall be carried over to the year following the\nyear in which it was accrued. An employee shall not accrue or use more than 40\nhours of paid sick leave in a year, unless the employer selects a higher limit.\n\nB. Employees who are exempt from overtime requirements under 29 U.S.C. §\n213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq.,\nwill be assumed to work 40 hours in each workweek for purposes of paid sick\nleave accrual unless their normal workweek is less than 40 hours, in which case\npaid sick leave accrues on the basis of that normal workweek.\n\nC. Paid sick leave as provided in this section shall begin to accrue at the\ncommencement of employment. An employer may provide all paid sick leave that an\nemployee is expected to accrue in a year at the beginning of the year.\n\nD. Any employer with a paid leave policy, such as a paid time off policy, that\nprovides an employee an amount of paid leave sufficient to meet the requirements\nof this section and that may be used for the same purposes and under the same\nconditions as paid sick leave under this article shall not be required to\nprovide additional paid sick leave to any employee that is eligible for paid\nleave under the policy.\n\nE. Any employer that has entered into a bona fide collective bargaining\nagreement that requires the employer to provide an amount of paid leave\nsufficient to meet the requirements of this section and that may be used for the\nsame purposes and under the same conditions as paid sick leave under this\narticle shall not be required to provide additional paid sick leave to any\nemployee covered by such collective bargaining agreement.\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}}