Virginia Mandates Paid Sick Leave for Home Health Workers
Effective July 1, 2021, Virginia requires employers of home health workers to provide paid sick leave. This specific mandate, codified under Va. Code section 40.1-33.6, is a narrow exception within Virginia's broader lack of a statewide paid sick leave law. It ensures that a critical segment of the workforce receives essential protections.
Home Health Worker Paid Sick Leave
Virginia's targeted paid sick leave for home health workers: 1 hour for every 30 hours worked, capped at 40 hours per year.
What those rules do as a Virginia shift is created.
Teambridge automatically applies Virginia's specific paid sick leave accrual and usage rules for home health workers. Our system ensures compliance by tracking hours worked, calculating accrual, and managing leave balances according to the statute.
Accrue PSL for Home Health Workers
For any employee categorized as a home health worker, Teambridge automatically accrues 1 hour of paid sick leave for every 30 hours worked, up to the annual cap of 40 hours.
Enforce 40-hour Annual Cap
The system prevents accruals from exceeding the statutory 40-hour annual limit for home health worker paid sick leave, ensuring compliance with Va. Code § 40.1-33.6.
Compliance on autopilot. For Virginia, and beyond.
See how Teambridge can automate compliance for your business.
Virginia's targeted paid sick leave for home health workers.
Virginia's paid sick leave requirements are unique, applying only to home health workers. This specific legislation ensures that these essential employees can take paid time off for illness or care without fear of lost wages, reflecting a targeted legislative effort.
Va. Code § 40.1-33.6. Paid sick leave for home health workers.
A. For purposes of this section, "home health worker" means an individual who provides services to a consumer, as defined in § 32.1-162.9:1, in the consumer's home, including but not limited to personal care, respite, or companion services.
B. An employer shall provide paid sick leave to each home health worker who works an average of 20 hours or more per week or 90 hours or more per month. Such paid sick leave shall accrue at a rate of not less than one hour for every 30 hours worked by the home health worker, up to a maximum of 40 hours of paid sick leave per year.
C. An employer shall not be required to pay out unused paid sick leave upon a home health worker's termination of employment.
Accrual and Usage
Home health workers who average at least 20 hours per week or 90 hours per month are eligible to accrue paid sick leave. The accrual rate is one hour of paid sick leave for every 30 hours worked. The total amount of paid sick leave an employee can accrue and use in a year is capped at 40 hours. This leave can be used for the worker's own illness, injury, or medical care, or to care for a family member.
Employer Obligations and Limitations
Employers are not required to pay out unused paid sick leave upon a home health worker's termination. This specific provision distinguishes it from other forms of earned leave that might require payout. The law does not mandate a waiting period before an employee can use accrued leave, meaning it is available as it is earned. Employers must maintain records of hours worked and paid sick leave accrued and used for at least three years, aligning with broader record-keeping requirements under Virginia wage and hour laws.
Teambridge ensures home health worker PSL compliance automatically.
Teambridge integrates Virginia's unique home health worker paid sick leave requirements directly into your payroll and HR workflows. From accrual to usage tracking, our system manages the complexities so you can focus on care delivery.
Automatic PSL Accrual
Teambridge identifies eligible home health workers based on their hours and automatically accrues one hour of paid sick leave for every 30 hours worked, precisely adhering to Va. Code § 40.1-33.6.
40-Hour Annual Limit
Our system strictly enforces the 40-hour annual accrual cap, preventing over-accrual and ensuring that your organization remains compliant with Virginia state law.
Real-time Leave Balances
Employees and managers have real-time access to accurate paid sick leave balances, simplifying leave requests and reducing administrative overhead.
Automated Record Keeping
Teambridge maintains detailed records of all hours worked, leave accrued, and leave used, ensuring your compliance data is always audit-ready for the required three-year retention period.
People also ask.
Does Virginia have a statewide paid sick leave law?
No, Virginia does not have a comprehensive statewide paid sick leave law that applies to all employees. The only specific mandate is for home health workers under Va. Code § 40.1-33.6.
Who is considered a "home health worker" under Virginia law?
Under Va. Code § 40.1-33.6, a "home health worker" is defined as an individual who provides services to a consumer in the consumer's home, including but not limited to personal care, respite, or companion services. This definition aligns with services typically provided by home care agencies.
How much paid sick leave do home health workers accrue in Virginia?
Eligible home health workers accrue paid sick leave at a rate of one hour for every 30 hours worked. This accrual is capped at a maximum of 40 hours per year.
Are employers required to pay out unused paid sick leave upon termination in Virginia?
No, Virginia law explicitly states that employers are not required to pay out unused paid sick leave upon a home health worker's termination of employment (Va. Code § 40.1-33.6.C).
What are the eligibility requirements for home health workers to accrue paid sick leave?
A home health worker is eligible if they work an average of 20 hours or more per week or 90 hours or more per month.
What are the record-keeping requirements for home health worker paid sick leave?
While Va. Code § 40.1-33.6 doesn't specify record-keeping duration, general Virginia wage and hour laws, particularly the comprehensive wage statute under HB 238 (effective July 1, 2026), require employers to retain paystub and wage records for at least three years. This would include records related to paid sick leave accrual and usage.