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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Appear in court
Virginia law provides that employers must not discharge or take any adverse personnel again against employees who are summoned or subpoenaed to appear in any court of law or equity. Employees must not be required to use sick leave or vacation for the time off upon providing reasonable notice to their employer. Employers are not required to compensate employees for the time off. Violation of these provisions incurs a possible Class 3 misdemeanor.
Jury duty
Virginia law provides that employers must not discharge or take any adverse personnel again against employees who are called to jury duty. Employees must not be required to use sick leave or vacation for the time off upon providing reasonable notice to their employer. Employees must not be required to start any work shift that begins on or after 5:00 p.m. on the day of their appearance for jury duty or begins before 3:00 a.m. on the day following the day of his appearance for jury duty. Any employer violating the provisions of this section is guilty of a Class 3 misdemeanor.
Virginia law doesn’t require employers to pay employees for jury duty.
Leave for crime victims
The Virginia statutes require employers to allow an employee who has been a crime victim to leave work to attend all criminal proceedings relating to the crime against the employee. Employers may not limit the leave unless they can show the leave would create an undue hardship on the business.
An undue hardship is a significant difficulty and expense to a business and includes the consideration of the size of the business and the employer's critical need of the employee.
Employers need not compensate employees who take leave under this provision. Employees are to provide a copy of the form given by the law enforcement agency and, if applicable, a copy of the notice of each scheduled criminal proceeding.
Paid time off (PTO)
Virginia law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Paid sick leave
Home health workers will have access to paid sick leave, thanks to a new law that went into effect July 1, 2021. House Bill 2137 requires employers to furnish paid sick leave to home health workers who provide personal care, respite, or companion services to an individual who receives state medical assistance services.
An employee is eligible for leave if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill allows an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee may not use more than 40 hours of earned paid sick leave in a year unless the employer selects a higher limit.
Paid sick leave may be used for an employee or a family member’s:
- Mental or physical illness, injury, or health condition
- Need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition
- Preventive medical care
The bill prohibits employers from taking retaliatory actions against employees related to leave, such as discrimination, discipline, and termination.
Voting
Virginia doesn’t have a time-off-for-voting provision.
Federal
Contacts
None.
Regulations
None.