{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.5.html"}],"law_id":60438,"edition_id":1,"section_id":60438,"structure_id":13125,"section_number":"40.1-33.5","catch_line":"Use of paid sick leave","history":"2021, Sp. Sess. I, c. 449.","full_text":"A\n\nPaid sick leave shall be provided to an employee by an employer for:1\n\nAn employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care; or2\n\nCare of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care.B\n\nPaid sick leave shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means, or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.C\n\nWhen the use of paid sick leave is foreseeable, the employee shall make a good faith effort to provide notice of the need for such leave to the employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.D\n\nAn employer that requires notice of the need to use paid sick leave shall provide a written policy that contains procedures for its employees to provide notice. An employer that has not provided to an employee a copy of its written policy for providing such notice shall not deny paid sick leave to the employee based on noncompliance with such a policy.E\n\nAn employer shall not require, as a condition of an employee’s taking paid sick leave, that an employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave. An employer shall not require an employee to work an alternate shift to make up for the use of sick leave.F\n\nFor paid sick leave of three or more consecutive work days, an employer may require reasonable documentation that the paid sick leave has been used for a purpose for which such leave is required to be provided as set forth in subsection A.","order_by":null,"text":{"0":{"id":220984,"text":"Paid sick leave shall be provided to an employee by an employer for:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":220985,"text":"An employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":220986,"text":"Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":220987,"text":"Paid sick leave shall be provided upon the request of an employee. Such request may be made orally, in writing, by electronic means, or by any other means acceptable to the employer. When possible, the request shall include the expected duration of the absence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":220988,"text":"When the use of paid sick leave is foreseeable, the employee shall make a good faith effort to provide notice of the need for such leave to the employer in advance of the use of the paid sick leave and shall make a reasonable effort to schedule the use of paid sick leave in a manner that does not unduly disrupt the operations of the employer.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":220989,"text":"An employer that requires notice of the need to use paid sick leave shall provide a written policy that contains procedures for its employees to provide notice. An employer that has not provided to an employee a copy of its written policy for providing such notice shall not deny paid sick leave to the employee based on noncompliance with such a policy.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":220990,"text":"An employer shall not require, as a condition of an employee’s taking paid sick leave, that an employee search for or find a replacement worker to cover the hours during which the employee is using paid sick leave. An employer shall not require an employee to work an alternate shift to make up for the use of sick leave.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":220991,"text":"For paid sick leave of three or more consecutive work days, an employer may require reasonable documentation that the paid sick leave has been used for a purpose for which such leave is required to be provided as set forth in subsection A.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.5\/","history_text":false,"references":[{"id":75518,"section_number":"40.1-33.3","catch_line":"Definitions","order_by":null,"url":"\/40.1-33.3\/"}],"refers_to":false,"permalink":{"id":219987,"object_type":"law","relational_id":60438,"identifier":"40.1-33.5","token":"40.1\/3\/2.1\/40.1-33.5","url":"\/40.1-33.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.5\/","token":"40.1\/3\/2.1\/40.1-33.5","dublin_core":{"Title":"Use of paid sick leave","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Paid sick leave<\/span> shall be provided to an employee<\/span> by an employer<\/span> for: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An employee<\/span>’s mental or physical illness, injury, or health condition; an employee<\/span>’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee<\/span>’s need for preventive medical care; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Paid sick leave<\/span> shall be provided upon the request of an employee<\/span>. Such request may be made orally, in writing, by electronic means, or by any other means acceptable to the employer<\/span>. When possible, the request shall include the expected duration of the absence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When the use of paid sick leave<\/span> is foreseeable, the employee<\/span> shall make a good faith effort to provide notice of the need for such leave to the employer<\/span> in advance of the use of the paid sick leave<\/span> and shall make a reasonable effort to schedule the use of paid sick leave<\/span> in a manner that does not unduly disrupt the operations of the employer<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An employer<\/span> that requires notice of the need to use paid sick leave<\/span> shall provide a written policy that contains procedures for its employees<\/span> to provide notice. An employer<\/span> that has not provided to an employee<\/span> a copy of its written policy for providing such notice shall not deny paid sick leave<\/span> to the employee<\/span> based on noncompliance with such a policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An employer<\/span> shall not require, as a condition of an employee<\/span>’s taking paid sick leave<\/span>, that an employee<\/span> search for or find a replacement worker to cover the hours during which the employee<\/span> is using paid sick leave<\/span>. An employer<\/span> shall not require an employee<\/span> to work an alternate shift to make up for the use of sick leave. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For paid sick leave<\/span> of three or more consecutive work days, an employer<\/span> may require reasonable documentation that the paid sick leave<\/span> has been used for a purpose for which such leave is required to be provided as set forth in subsection A. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nUSE OF PAID SICK LEAVE (\u00a7 40.1-33.5)\n\nA. Paid sick leave shall be provided to an employee by an employer for:\n\n 1. An employee’s mental or physical illness, injury, or health\n condition; an employee’s need for medical diagnosis, care, or treatment\n of a mental or physical illness, injury, or health condition; or an\n employee’s need for preventive medical care; or\n\n 2. Care of a family member with a mental or physical illness, injury, or\n health condition; care of a family member who needs medical diagnosis, care,\n or treatment of a mental or physical illness, injury, or health condition; or\n care of a family member who needs preventive medical care.\n\nB. Paid sick leave shall be provided upon the request of an employee. Such\nrequest may be made orally, in writing, by electronic means, or by any other\nmeans acceptable to the employer. When possible, the request shall include the\nexpected duration of the absence.\n\nC. When the use of paid sick leave is foreseeable, the employee shall make a\ngood faith effort to provide notice of the need for such leave to the employer\nin advance of the use of the paid sick leave and shall make a reasonable effort\nto schedule the use of paid sick leave in a manner that does not unduly disrupt\nthe operations of the employer.\n\nD. An employer that requires notice of the need to use paid sick leave shall\nprovide a written policy that contains procedures for its employees to provide\nnotice. An employer that has not provided to an employee a copy of its written\npolicy for providing such notice shall not deny paid sick leave to the employee\nbased on noncompliance with such a policy.\n\nE. An employer shall not require, as a condition of an employee’s taking\npaid sick leave, that an employee search for or find a replacement worker to\ncover the hours during which the employee is using paid sick leave. An employer\nshall not require an employee to work an alternate shift to make up for the use\nof sick leave.\n\nF. For paid sick leave of three or more consecutive work days, an employer may\nrequire reasonable documentation that the paid sick leave has been used for a\npurpose for which such leave is required to be provided as set forth in\nsubsection A.\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}}