Title 40.1. Labor and Employment
Chapter 3. Protection of Employees
§ 40.1-33.6:2. (Effective July 1, 2027) Accrual of paid sick leave.
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. § 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. Employees covered by 29 C.F.R. § 825.801 shall be assumed to work 40 hours in each workweek for purposes of paid sick leave accrual.
D. Paid sick leave as provided in this section shall begin to accrue at the commencement of employment. An employer may elect to provide all paid sick leave that an employee is expected to accrue in a year at the beginning of the year. An employer that elects to provide 40 hours of sick leave at the beginning of a year shall be considered to have satisfied the provisions of subsection A.
E. 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.
F. 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.
G. Nothing in this section shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee's termination, resignation, retirement, or other separation from employment for accrued paid sick leave that has not been used.
H. If an employee is transferred to a separate division, entity, or location but remains employed by the same employer, the employee is entitled to all paid sick leave accrued at the prior division, entity, or location and is entitled to use all paid sick leave as provided in this section. If an employee is separated from employment with an employer and the employee is rehired within 12 months of separation by the same employer, previously accrued paid sick leave that had not been used shall be reinstated unless the employer pays the employee for such accrued leave upon separation at the rate required by this article. Further, the employee shall be entitled to use accrued paid sick leave and accrue additional paid sick leave at the recommencement of employment. If an employee is separated from employment for more than 12 months, the employer shall not be required to reinstate previously accrued paid sick leave for such employee, and such employee shall be considered to have newly commenced employment for purposes of this subsection.
I. If a different employer succeeds or takes the place of an existing employer, each employee of the original employer who remains employed by the successor employer is entitled to all paid sick leave accrued while employed by the original employer and to use any such paid sick leave previously accrued.
J. An employer may loan paid sick leave to an employee in advance of accrual of paid sick leave by such employee.
K. Nothing in this article shall be construed to (i) discourage or prohibit an employer from the adoption or retention of a more generous paid sick leave policy than outlined herein; (ii) preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of paid sick leave or that extends other protections to employees; or (iii) diminish the rights of public employees regarding paid sick leave or the use of paid sick leave as provided under any applicable law.
L. Employees who are employed and compensated on a fee-for-service basis shall accrue paid sick leave in accordance with regulations adopted by the Commissioner. The Commissioner shall promulgate such regulations, which shall provide for the accrual of paid sick leave for such employees that is consistent with the provisions of this section.
M. Any employer with employees covered by or receiving benefits pursuant to the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., that is party to an existing, bona fide collective bargaining agreement in effect on July 1, 2027, shall be exempt from the provisions of this article with respect to all employees in the bargaining unit subject to such collective bargaining agreement until the earlier of (i) the expiration of such collective bargaining agreement or (ii) December 31, 2030.