Virginia paid sick leave law requires employers to provide up to 40 hours of paid sick leave per year to home health workers under Va. Code §§ 40.1-33.3 through 40.1-33.6. This targeted law ensures essential protections for workers providing critical in-home care services.
The law focuses specifically on home health workers who provide personal care, respite, or companion services to individuals receiving consumer-directed services under Virginia’s plan for medical assistance services, creating specialized protection for this vital workforce.
What Makes Virginia’s Paid Sick Leave Unique?
Unlike most state sick leave laws that apply broadly across industries, Virginia has taken a focused approach by specifically protecting home health workers. This specialized coverage recognizes the unique challenges and importance of workers who provide essential in-home care services. The law demonstrates Virginia’s commitment to supporting healthcare workers who assist the state’s most vulnerable residents while maintaining flexibility for other industries to establish their own leave policies.
Common Questions About Virginia Paid Sick Leave
Understanding Virginia paid sick leave requirements is essential for maintaining workplace compliance and supporting home health worker well-being. The law establishes specific guidelines for leave accrual and usage while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Virginia?
Home health workers who work at least 20 hours per week or 90 hours per month can take this leave. “Home health worker” means a person who provides personal care, respite, or companion services to someone who receives consumer-directed services under Virginia’s plan for medical assistance services. Employees are not eligible if they are licensed by a health regulatory board, work for a hospital licensed by Virginia’s Department of Health, and work, on average, 30 hours or less per month.
Which employers have to provide this leave?
All employers must provide this leave to eligible home health workers, except for federal government employers.
How much leave do employers need to provide?
Home health workers accrue one hour of paid sick leave for every 30 hours worked, up to 40 hours per year. Accrual begins on the first day of work. Exempt employees are presumed to work 40 hours weekly unless they typically work less, in which case accrual is based on their normal workweek.
What can Virginia paid sick leave be used for?
Home health workers can use this leave to care for their own or a family member’s mental or physical illness, injury, or health condition, to obtain medical diagnosis or treatment, or to receive preventative care. Family members include children, parents, spouses, grandparents, grandchildren, siblings, and those with equivalent family relationships.
How does this relate to other types of leave?
Employers can use a paid time off policy that provides at least as much leave and allows for the same reasons under the same terms and conditions as the sick leave law requires.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit home health workers to using 40 hours of sick leave per year. While the law doesn’t specify a total accrual cap, employees remain subject to this annual usage limit.
Can employers provide all the leave at once instead of letting it accrue?
Employers can provide all expected leave at the beginning of the year. However, even when frontloading leave, carryover appears to be required.
Do employers have to carry over unused leave?
Home health workers can carry over any accrued and unused leave to the next year, though they remain subject to the 40-hour annual use limit.
What is the smallest amount of leave an employee can use?
The law does not specify minimum increment requirements for leave use.
What notice do employers and employees need to provide?
For foreseeable leave, employers can require advance notice and ask employees to schedule leave to minimize disruption to operations. Requests can be made in writing, orally, or electronically and should include an estimated duration. If employers require advance notice, they must have a written policy outlining notification procedures.
What verification can employers ask for?
For absences of three or more consecutive workdays, employers can require reasonable documentation showing the leave is being used for an allowable reason.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected when taking this leave. Unused leave is not paid out at separation, and the law does not address reinstatement of leave for rehired employees.
Simplify Virginia Paid Sick Leave with SixFifty
Navigating Virginia’s paid sick leave requirements for home health workers can be complex. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws change.
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