A Comprehensive Guide to Virginia Employee Leave Laws

As an employer in Virginia, navigating the complex landscape of employee leave laws can be challenging. From federal regulations like the Family and Medical Leave Act (FMLA) to state-specific requirements, it's crucial to stay informed and compliant to protect your business and support your employees.

Understanding the various types of leave mandated by Virginia law is the first step in developing a comprehensive leave policy that meets both legal obligations and your team's needs. By familiarizing yourself with these requirements, you can foster a supportive work environment while minimizing the risk of costly legal disputes.

Understanding Employee Leave Laws in Virginia

Employee leave laws in Virginia cover a wide range of situations, from family and medical leave to time off for crime victims and organ donors. These laws are designed to protect employees' rights and ensure they can attend to personal matters without fear of losing their jobs.

One of the most significant leave laws in Virginia is the Family and Medical Leave Act (FMLA), a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. Employees can use FMLA leave to care for a newborn or newly adopted child, manage a serious health condition, or support a family member with a serious health condition.

In addition to FMLA, Virginia has several state-specific leave laws that employers must follow:

Organ and Bone Marrow Donation Leave: Employers with 50 or more employees must provide eligible employees with up to 60 days of unpaid leave for organ donation and 30 days for bone marrow donation.
Crime Victim Leave: Employers must allow employees who are victims of a crime to take time off to attend criminal proceedings related to the crime.
Jury Duty Leave: Employers cannot discharge or penalize employees for serving on a jury, as long as the employee provides reasonable notice.
Military Leave: Employers must provide leave for employees who are called to active duty or military training, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Virginia's Paid Sick Leave Requirements

One of the most significant employee leave laws in Virginia is the state's paid sick leave law, which went into effect on July 1, 2021. Under Virginia Code § 40.1-33.3, employers must provide eligible employees with paid sick leave to care for their own health or the health of a family member.

Eligible employees accrue a minimum of one hour of paid sick leave for every 30 hours worked, up to a maximum of 40 hours per year. Employees can begin using their accrued paid sick leave after 90 days of employment. Unused paid sick leave can be carried over to the following year, but employers are not required to allow employees to accrue more than 40 hours of paid sick leave per year.

Employees can use paid sick leave for the following reasons:

Personal illness or injury: To recover from or seek treatment for a mental or physical illness, injury, or health condition.
Family member's illness or injury: To care for a family member with a mental or physical illness, injury, or health condition.
Preventive care: To obtain preventive medical care for themselves or a family member.
Domestic violence, sexual assault, or stalking: To seek medical attention, obtain services from a victim services organization, or relocate due to domestic violence, sexual assault, or stalking.

Employers must provide employees with written notice of their rights under the paid sick leave law and maintain records of paid sick leave accrual and usage for at least three years. Employers cannot retaliate against employees for exercising their rights under the law, including using paid sick leave or filing a complaint with the Virginia Department of Labor and Industry.

It's essential for Virginia employers to understand and comply with the state's paid sick leave law to avoid potential legal issues and maintain a supportive work environment. By staying informed about employee leave laws in Virginia and developing comprehensive leave policies, employers can protect their businesses and support their employees' well-being.

Family and Medical Leave Act (FMLA) in Virginia

The FMLA is a federal law that applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. In Virginia, employers must comply with the FMLA and provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons.

To be eligible for FMLA leave, an employee must have worked for the employer for at least 12 months, logged at least 1,250 hours of service during the 12 months prior to the start of the leave, and work at a location where the company employs 50 or more employees within 75 miles.

Qualifying reasons for taking FMLA leave in Virginia include:

Birth or adoption: To bond with a newborn child or a newly adopted or foster child.
Serious health condition: To care for the employee's own serious health condition that renders them unable to perform their job functions.
Family member's serious health condition: To care for a spouse, child, or parent with a serious health condition.
Military exigency: To address certain qualifying exigencies related to a spouse, child, or parent's active duty or call to active duty status in the military.
Military caregiver: To care for a covered servicemember with a serious injury or illness if the employee is the servicemember's spouse, child, parent, or next of kin.

Under the FMLA, Virginia employers must maintain the employee's health insurance coverage during the leave period as if the employee had continued to work. Upon return from FMLA leave, the employee must be restored to their original job or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment.

Employers in Virginia should have a clear FMLA policy in place and ensure that all eligible employees are aware of their rights and responsibilities under the law. It's crucial to maintain accurate records of FMLA leave requests, approvals, and usage to demonstrate compliance with employee leave laws in Virginia.

Virginia's Leave of Absence Regulations

In addition to the FMLA and paid sick leave requirements, Virginia's employee leave laws also include regulations for various types of leave of absence. These regulations, outlined in 1VAC55-20-380, cover situations such as educational leave and leave without pay.

When an employee is granted leave with full pay, their health benefits coverage continues with the employer making their usual contribution. However, employers are not required to contribute toward coverage for part-time employees on any type of leave of absence.

For employees participating in the Virginia Sickness and Disability Program's Long-Term Disability (VSDP-LTD), coverage with the employer contribution continues until the end of the month in which LTD benefits begin. After that, employees may continue coverage by paying the entire cost themselves.

Educational leave, whether with full or partial pay, allows employees to maintain health coverage for up to 24 months, provided they receive at least half their regular pay during the leave period.

When an employee takes leave without pay, coverage with the employer contribution continues until the end of the month in which the leave begins, as long as the first day of leave is after the first workday of the month. If the employee returns to work the following month and works at least half the workdays, coverage will be continuous. Employees who do not want to continue coverage during unpaid leave must sign a waiver.

Employees returning from leave without pay who maintained coverage during their absence will have their employer-contributed coverage reinstated on the first of the month following their return to full-time employment. Those who did not maintain coverage will be treated as new employees unless they exercised their FMLA rights.

It's crucial for Virginia employers to understand and comply with these leave of absence regulations to ensure a smooth transition for employees taking various types of leave. By staying informed about employee leave laws in Virginia and maintaining accurate records, employers can support their team members while minimizing the risk of legal issues.

Organ and Bone Marrow Donation Leave in Virginia

Virginia has recently expanded its employee leave laws with the introduction of Senate Bill 1086, which provides job-protected leave for organ and bone marrow donation. This new law, effective July 1, 2023, demonstrates the state's commitment to supporting employees who choose to make life-saving donations.

Under SB 1086, employers with 50 or more employees must provide eligible employees with up to 60 business days of unpaid leave per 12-month period for organ donation and up to 30 business days per 12-month period for bone marrow donation. To be eligible for this leave, employees must have worked for the employer for at least 12 months and logged at least 1,250 hours during the preceding 12 months.

When requesting organ or bone marrow donation leave, employees must provide their employer with written verification from a medical provider confirming the purpose and length of the leave. Employers may require employees to use any available paid leave, such as sick or vacation time, concurrently with the unpaid organ or bone marrow donation leave.

During the leave period, employers must maintain the employee's health insurance coverage as if the employee had continued to work. Upon return from leave, the employee must be restored to their original position or an equivalent one with the same pay, benefits, and terms and conditions of employment.

Employers are prohibited from retaliating against employees who request or take organ or bone marrow donation leave. This includes protection from discrimination, discharge, or any other adverse action taken due to the employee exercising their rights under the law.

To ensure compliance with this new addition to Virginia's employee leave laws, employers should update their leave policies and inform their employees of their rights and responsibilities related to organ and bone marrow donation leave. By supporting employees who make these life-saving donations, employers can foster a positive and compassionate work environment while complying with state regulations.

Navigating Nondisclosure and Non-Disparagement Agreements in Virginia

As an employer in Virginia, it's essential to stay informed about the latest changes to employee leave laws and other employment-related regulations. One such update is House Bill 1895, which addresses nondisclosure, confidentiality, and non-disparagement agreements in the context of sexual harassment claims.

Effective July 1, 2023, Virginia employers are prohibited from requiring employees or prospective employees to sign or renew any agreement that conceals the details of a sexual harassment claim as a condition of employment. This includes nondisclosure, confidentiality, and non-disparagement clauses that have the purpose or effect of concealing such information.

Under HB 1895, any provision in an agreement that violates this law is considered void and unenforceable. This amendment expands upon the existing law, Virginia Code § 40.1-28.01, which previously only prohibited agreements related to sexual assault claims.

To ensure compliance with this new aspect of Virginia's employment laws, employers should review their existing agreements and update them as necessary. When drafting new agreements, it's crucial to avoid any language that could be interpreted as concealing details of sexual harassment claims.

Best practices for employers navigating nondisclosure and non-disparagement agreements in Virginia include:

Review existing agreements: Examine your current employment agreements, severance agreements, and settlement agreements to identify any provisions that may violate HB 1895.
Update agreement templates: Revise your standard agreement templates to remove any language that could be seen as concealing sexual harassment claims.
Train management and HR: Educate your management team and human resources department on the new law and its implications for handling sexual harassment complaints and related agreements.
Consult with legal counsel: Work with experienced employment law attorneys to ensure your agreements and practices comply with Virginia's evolving regulations.

By staying proactive and informed about updates to employee leave laws and other employment regulations in Virginia, employers can create a safer, more supportive work environment while minimizing the risk of legal challenges. Regularly reviewing and updating policies and agreements is key to maintaining compliance and fostering a positive workplace culture.

Accommodating Employees with Disabilities in Virginia

In addition to the various employee leave laws in Virginia, employers must also be aware of their obligations under the Virginians with Disabilities Act (VDA). The VDA is a state law that closely mirrors the federal Americans with Disabilities Act (ADA) but applies to all Virginia employers, regardless of their size.

Under the VDA, employers must provide reasonable accommodations to employees with disabilities, unless doing so would create an undue burden. Reasonable accommodations are adjustments or modifications to the work environment or job duties that enable an employee with a disability to perform the essential functions of their position.

Examples of reasonable accommodations include:

Modified work schedules: Allowing an employee to have a flexible schedule or take additional breaks to manage their disability.
Assistive technology: Providing tools or equipment, such as screen readers or ergonomic keyboards, to help an employee perform their job duties.
Accessible workspaces: Modifying the physical workspace to ensure it is accessible to employees with mobility impairments.
Job restructuring: Reallocating marginal job tasks or modifying the way essential functions are performed to accommodate an employee's disability.

When determining whether an accommodation would create an undue burden, Virginia employers should consider factors such as the cost of the accommodation, the overall financial resources of the company, and the impact of the accommodation on business operations. For employers with fewer than 50 employees, there is a presumption that any accommodation costing more than $500 creates an undue burden.

To ensure compliance with the VDA and other employee leave laws in Virginia, employers should:

Engage in the interactive process: When an employee requests an accommodation, engage in a good-faith dialogue to identify an effective solution.
Document accommodation requests: Maintain records of accommodation requests, the interactive process, and the final outcome to demonstrate compliance efforts.
Train managers and supervisors: Educate your management team on the requirements of the VDA and how to handle accommodation requests appropriately.
Review and update policies: Regularly review and update your company's policies and procedures to ensure they align with the VDA and other employee leave laws in Virginia.

By understanding and fulfilling their obligations under the VDA, Virginia employers can create a more inclusive and accommodating workplace while minimizing the risk of disability discrimination claims. Staying informed about employee leave laws and disability accommodation requirements is essential for maintaining compliance and fostering a positive work environment.

Ensuring Compliance with Virginia Employee Leave Laws

Staying compliant with Virginia's employee leave laws is crucial for maintaining a positive work environment and avoiding potential legal issues. As an employer, there are several practical steps you can take to ensure your organization is meeting its obligations under these regulations.

One of the most important aspects of compliance is regularly updating your company's policies, handbooks, and agreements to reflect any changes in Virginia's employee leave laws. This includes reviewing and revising your leave policies to incorporate new requirements, such as those related to paid sick leave, organ and bone marrow donation leave, and accommodations for employees with disabilities.

When updating your policies and handbooks, be sure to:

Use clear, concise language: Ensure that your leave policies are easy to understand and free of legal jargon.
Specify eligibility criteria: Clearly outline which employees are eligible for various types of leave and the requirements they must meet.
Explain the request process: Provide step-by-step instructions for employees to request leave, including any necessary forms or documentation.
Address benefits and job protection: Inform employees of their rights to continued health insurance coverage and job reinstatement upon return from leave.

In addition to updating your written policies, it's essential to train your management team and human resources staff on the latest employee leave laws in Virginia. This ensures that they are equipped to handle leave requests appropriately, engage in the interactive process for accommodations, and maintain accurate records of leave usage.

Regular training also helps foster a culture of compliance and reduces the risk of inadvertent violations of employee leave laws.

Virginia employers can also benefit from seeking guidance and support from professional organizations, legal counsel, and government resources when navigating the complexities of employee leave laws. Some helpful resources include:

Virginia Department of Labor and Industry: Offers information and assistance related to state labor laws, including leave requirements.
U.S. Department of Labor: Provides guidance on federal leave laws, such as the FMLA, and their interaction with state regulations.
Employment law attorneys: Can provide personalized advice and help develop compliant leave policies tailored to your organization's needs.

By staying proactive, informed, and diligent in their compliance efforts, Virginia employers can successfully navigate the ever-evolving landscape of employee leave laws. This not only minimizes legal risks but also demonstrates a commitment to supporting employees and fostering a positive, inclusive workplace culture.

As you navigate the complexities of Virginia's employee leave laws, remember that staying informed and proactive is key to maintaining compliance and fostering a positive work environment. We understand that managing leave policies and accommodating employees' needs can be challenging, which is why we're here to help. Book a demo with us today to learn how our comprehensive HR solutions can streamline your leave management processes and ensure compliance with Virginia's regulations.