                                 CODE OF VIRGINIA

ACCRUAL OF PAID SICK LEAVE (§ 40.1-33.4)

A. 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.

B. Employees who are exempt from overtime requirements under 29 U.S.C. &#xA7;
213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. &#xA7; 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. 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.

D. 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.

E. 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.

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