                                 CODE OF VIRGINIA

USE OF PAID SICK LEAVE (§ 40.1-33.5)

A. Paid sick leave shall be provided to an employee by an employer for:

   1. An employee&#8217;s mental or physical illness, injury, or health
   condition; an employee&#8217;s need for medical diagnosis, care, or treatment
   of a mental or physical illness, injury, or health condition; or an
   employee&#8217;s need for preventive medical care; or

   2. 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.

B. 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.

C. 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.

D. 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.

E. An employer shall not require, as a condition of an employee&#8217;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. 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.

HISTORY: 2021, Sp. Sess. I, c. 449.