Virginia’s new Paid Sick Leave law creates a statewide paid sick leave program for Virginia workers.

Development of Paid Sick Leave Regulations

Beginning on July 1, 2027, Virginia workers have the right to accrue and use at least 40 hours of paid sick leave every year—which they can use when they’re sick or injured, to go to the doctor or seek other medical treatment, or to care for a sick family member. The Virginia Department of Labor and Industry (DOLI) is developing regulations to implement Virginia’s new Paid Sick Leave law.

On November 2, 2026, DOLI published a Proposed Regulation. The regulation will provide additional information for workers and employers about how the law will operate, including employer coverage, earning and using paid sick leave, compensation, leave administration, and protections against retaliation.

How to Review and Comment on the Proposed Regulation

Members of the public have a 60-day window to comment on the Proposed Regulation. DOLI welcomes your comments, including but not limited to comments about:

• The costs and benefits of the regulatory proposal;
• Ensuring access to paid sick leave for Virginia workers;
• The Proposed Regulation’s efforts to reduce implementation costs for employers;
• The potential impacts of the regulation.

Members of the public may view the proposed text and agency background document on the Virginia Town Hall website here. Anyone wishing to submit written comments may do so through the Comment Forums feature of the Virginia Regulatory Town Hall web site or submit them by email to Cristin.Bernhardt@doli.virginia.gov. Comments must be received by 11:59 pm on January 1, 2027.

Important Dates

• November 2, 2026: DOLI published the Proposed Regulation.
• November 2, 2026- January 1, 2027: 60-Day Public Comment Period.
• January 1, 2027: The public comment period closes.
• July 1, 2027: Deadline for DOLI to adopt a Final Regulation.

Where We Are in the Regulatory Process

✓ Notice of Intended Regulatory Action published

✓ 30-day public comment period completed

• Summary of Comments Received Available at this link

✓ Proposed regulatory text published

○ 60-day public comment period

○ Final regulatory text published

○ 30-day public comment period

○ Regulation is effective

Stay Involved

Public participation is an important part of Virginia’s regulatory process. DOLI welcomes input from workers, employers, organizations, and other interested members of the public as the Paid Sick Leave regulation moves forward.

DOLI will update this page as the rulemaking reaches new milestones.

For official regulatory documents, meeting information, public comment opportunities, and the complete regulatory record, visit the Virginia Regulatory Town Hall.

What is Paid Sick Leave?

• The new law requires employers to provide workers with a minimum of one hour of paid sick leave for every 30 hours worked. Employers must permit employees to accrue at least 40 hours of paid sick leave per year.
• Paid sick leave may be used for:
• Employee’s own illness or medical care.
• Care for a family member.
• Domestic violence–related needs (e.g., medical, legal, relocation).

Who Will Be Eligible?

• Applies to all public and private employers, including state and local government with the exception of: 
  • Certain home health workers who are already covered under the 2021 Paid Sick Leave law.
  • Certain Railroad employers and employees as defined in 45 U.S.C. § 351.
  • Application is delayed for certain employers with employees covered by or receiving benefits pursuant to the Longshore and Harbor Workers’ Compensation Act.
• Applies to both full-time and part-time employees.

When Will it Start?

• The new program has a phased implementation based on employer size.
  • July 1, 2027: Applies to employers with 50+ employees. 
  • January 1, 2028: Applies to employers with 25+ employees. 
  • January 1, 2029: Applies to all employers with at least one employee.

Learn More

• Paid Sick 101 Fact Sheet

DOLI is convening a Certified Payroll Work Group pursuant to HB 569/SB 518 (2026) to examine the feasibility of a certified payroll reporting portal and database under Virginia’s prevailing wage law. The meetings will be held virtually on September 3, 2026 and September 22, 2026. Members of the public will have an opportunity to comment at the end of each meeting.  For more information, please visit: https://commonwealthcalendar.virginia.gov/Event/Details/78550

Virginia is developing a workplace safety standard to help protect workers from heat illness in both indoor and outdoor workplaces.

The 2026 General Assembly enacted legislation requiring the Virginia Safety and Health Codes Board to adopt a Heat Illness Prevention Standard by May 1, 2028. The standard will establish requirements for employers to help prevent heat-related illness, including providing drinking water, access to shade or climate-controlled areas when practicable, rest breaks, acclimatization, employee training, emergency response procedures, and additional protections during high-heat conditions. (§ 40.1-44.2. Standards for heat illness prevention)

This March, the construction industry and stakeholders are coming together to celebrate Women in Construction Week, a national initiative spearheaded by the National Association of Women in Construction (NAWIC). This year’s theme is “Level Up, Build Strong” which recognizes the achievements of women in the trades and inspires the next generation to pursue careers in construction. Join DOLI in celebrating Women in Construction Week by visiting https://nawic.org/wic-week/. 

At the Virginia Department of Labor and Industry (DOLI), we are proud to join this national celebration and spotlight the women who are helping build the Commonwealth’s infrastructure, economy, and communities. 
 
As of 2024, there were approximately 230,000 workers in the construction industry in Virginia according to the Bureau of Labor Statistics (BLS). Of that total, data from the American Community Survey shows that about 12% of workers in the construction industry were women. 

In Virginia from 2023-2024, 4% of the nonfatal injuries and illnesses that occurred in the private construction industry involved women, but as noted they made up only 12% of construction workers in the state. Overall, female workers made up 44% of nonfatal work-related injuries and illnesses resulting in days missed or job transfer across all private industries in 2023-2024.  

Some of the most common issues faced by women in construction are:

At DOLI, our goal is to ensure safe and healthful workplaces for all Virginians. Through cooperative programs, training and compliance assistance, we work to support employers and employees across the Commonwealth, including those in the construction industry.  

One of the ways we work with our partners to advance safety excellence is through Virginia’s Voluntary Protection Programs (VPP). VPP recognizes employers who go above and beyond regulatory compliance to implement comprehensive safety and health management systems that protect their workforce. 

Among our VPP partners are leaders who embody the spirit of “Level Up, Build Strong” including woman-owned construction companies that demonstrate a strong commitment to worker safety. That’s why we are proud to celebrate one of our VPP partners this Women in Construction Week. 

Spotlight: Women-Owned Construction Companies in VPP BEST Programs: 

Lee Construction Group is a Virginia BEST Level 1 Participant.  

The Lee Construction Group, Inc. traces its roots back to 1939, evolving from a highly skilled father and son team, Bob and Bobby Lee, who built and restored fine and historic homes across Central Virginia under the name R. E. Lee & Son, Inc., to a group of independent businesses engaged in the commercial building construction industry. Our businesses provide the full life cycle of building service. 

We believe every project is a self-portrait of the people who built it. We autograph our work with diligent effort, determination, pride and excellence. We are committed to realizing our clients’ vision with the highest level of construction services in Central Virginia in a culture of continuous improvement that strives for excellence through our founding values –  

Pioneering. Honorable. Professional. 

The Virginia BEST Program (Building Excellence in Safety, Health and Training) is a strategic partnership between the VOSH Program and the Associated General Contractors of Virginia (AGCVA) designed to encourage and recognize AGCVA members who voluntarily implement highly effective safety and health management systems to benefit construction workers and reduce or eliminate injuries, illnesses and fatalities on construction sites in Virginia. All applicants must be in good standing of the Associated General Contractors of Virginia (AGCVA). 

We had the chance to interview Arlene E Lee from Lee Construction Group for this post.  

What inspired you to pursue a career in construction and lead a woman-owned company?  

Like many women in the Industry, I was surrounded by a family business. My pathway is not typical. I accepted leadership after the unexpected passing of my husband, our fourth generation in our five-generation family business. I didn’t work my way up, I came in at the top. Our lives are not always linear, but we take the experiences we learn along the way to meet the moment. 

What does Women in Construction Week mean to you and your team?   

Half of one percent of CEOs, in commercial construction, are women. There are many that are capable but are often overlooked. Shining a light on talent that exists can only be good for the Industry in the long run and create better pathway for women.  

What advice would you give to women considering a career in construction today?  

We need you, your energy, determination, and creativity!  

How do you foster a strong culture of safety and leadership within your organization?  

I know what it’s like to have a loved one leave for work and not come home. I don’t want anyone to ever have to go through that. Safety is the beginning, middle, and end of everything we do. We have a top-down, bottom-up, side-to-side approach involving everyone on our team. This approach has been a key part of our involvement in the Virginia BEST program. The BEST program has been a fantastic tool in focusing our efforts to live into our commitment to each person making it home safe at the end of the day. 

We believe leadership happens at all levels and we include leadership and conflict resolution training at all levels in the organization. One needs to first learn to lead themselves. We foster opportunities for both men and women in all of our leadership programs. This removes barriers women often experience in lack of mentorships or risk of impropriety. 

What accomplishment are you most proud of as a woman-owned construction company?  

I am most proud of the learning culture that is pervasive through our organization. We lean into our founding values of Pioneering. Honorable. Professional. While we are a SWaM* company we have the technology and know-howcomparable to the “Big Boys” but in a whole person and family-focused envelope. It is important to me that people like coming to work. We are intentional about nurturing a culture that both works hard and has fun doing it. 

*SWam is Small, Women-Owned, and Minority-owned Business 

Find out more about DOLI’s cooperative programs at https://doli.virginia.gov/vosh/vpp/. 

Frederick brings more than 35 years of experience advancing worker safety, health, and rights at the local, state, and national levels. Prior to his appointment, he served from 2021 to 2025 as Deputy Assistant Secretary of Labor for Occupational Safety and Health at the U.S. Department of Labor, where he led national OSHA operations and regulatory initiatives.

In 2025, he joined NEXUS HSE, LLC as a Principal, partnering with organizations to design and strengthen industry-leading safety and health programs. His expertise includes developing and improving safety and health management systems and serious injury and fatality prevention programs grounded in human and organizational performance principles. He has also served as a Senior Fellow with the McElhattan Foundation’s Ending Death on the Job Program, which focuses on eliminating workplace hazards that lead to worker fatalities and serious injuries.

Earlier in his career, Frederick spent many years with the United Steelworkers Union as Assistant Director of Health, Safety, and Environment. In that role, he worked directly with workers and employers to reduce injuries and illnesses while strengthening compliance with worker protection laws. 

Frederick holds a Master of Science in Environmental Health and Safety Management from Rochester Institute of Technology and a Bachelor of Science in Environmental Health from Purdue University. He received Purdue University’s Distinguished Alumnus Award in 2022 and the College of Health and Human Sciences Distinguished Alumni Award in 2024.

Pursuant to Va. Code § 40.1-28.7:8, the term “low-wage employee” as applied to covenants not to compete has been calculated by the Virginia Department of Workforce Development and Advancement to include all employees who earn an average of less than $1,507.01 per week. “Low-wage employee” also includes an individual who has independently contracted with another person to perform services independent of an employment relationship and who is compensated for such services by such person at an hourly rate that is less than the median hourly wage for the Commonwealth for all occupations as reported, for the preceding year, by the Bureau of Labor Statistics of the U.S. Department of Labor. 

Effective July 1, 2025, a “low-wage employee” also includes an employee who, regardless of average weekly earnings, is entitled to overtime compensation under the provisions of the Fair Labor Standards Act for any hours worked in excess of 40 hours in any one workweek.  

Any employer who enters into, enforces, or threatens to enforce a covenant not to compete with any low-wage employee as defined by the statute will be in violation of the statute, and subject to a suit for damages, attorneys’ fees, and liquidated damages, and civil monetary penalties assessed by the Commissioner.  

Additionally, the section contains a posting requirement for employers which advises,  

“Every employer shall post a copy of this section or a summary approved by the Department in the same location where other employee notices required by state or federal law are posted.” Posting a copy of the Code will meet the requirements for notice to employees required under the law.  

For any questions about current wage rates or requirements under the law, please contact the Department’s Division of Labor & Employment Law at laborlaw@doli.virginia.gov. For further information about the 2026 rate’s calculation, please click here.  

The Virginia Department of Labor and Industry (DOLI) is proud to announce the launch of a new brand identity and website (doli.virginia.gov) to enhance the customer experience, marking a significant step in the Agency’s commitment towards public outreach, and accessibility.

This new website has been thoughtfully crafted to enhance customer experience, making it easier for users to find the information they need quickly and efficiently. Whether you are a worker seeking resources, a parent looking to help their child obtain a youth employment certificate, a community member wanting to learn more about our initiatives, our new website is designed to meet your needs. Additionally, the new modern site prioritizes design and navigation, creating better web browsing experience for all stakeholders.

For more information about the Agency’s new brand identity and website, please visit www.doli.virginia.gov or follow us on our official social media channels.

Effective July 30, 2025, 16VAC15-70, Local Government Union Requirements and Employee Protections, has been adopted as a final regulation.  The regulation has been adopted in response to the 2020 legislative change allowing counties, cities, or towns to recognize labor unions pursuant to the adoption of relevant ordinance or resolution. The Virginia Department of Labor and Industry (DOLI) has promulgated this regulation to clarify that the statutes that currently apply to labor union elections, solicitation of union membership, and collection of union dues apply to local government public employers, employees, and labor organizations. The regulation can be reviewed on the Commonwealth Legislative Information System.

DOLI has sent a letter to local government employers currently participating in a collective bargaining agreement advising them of the regulation and the Department’s role in assuring compliance with the law. A copy of the letter can be found here.

About the Agency:

It is the mission of the Virginia Department of Labor and Industry (DOLI) to make Virginia a better place in which to live, work, and conduct business. DOLI’s Labor and Employment Law Division administers and enforces the laws of the Commonwealth that govern employee pay, the employment of children, and certain other statutes that relate to the workplace. Additional information about coverage and requirements under the new regulation can be obtained by contacting the Division at laborlaw@doli.virginia.gov.

RICHMOND – The Virginia Department of Labor and Industry (DOLI) announces that the Virginia minimum wage rate will increase to $12.77 effective January 1, 2026, in accordance with Virginia law. All Virginia employers must pay covered employees at a rate not less than the minimum wage.

“Virginia’s Minimum Wage Act allows for gradual adjustment of the minimum wage rate in response to economic conditions.” said DOLI Commissioner Gary G. Pan. “The new minimum wage will ensure the Commonwealth remains the leading destination for businesses and job seekers alike.”

Under Virginia law, the Commissioner of the Department of Labor and Industry has the duty to establish an adjusted state hourly minimum wage annually. The new minimum wage is calculated by adding the current minimum wage to the product of the current minimum wage and percentage increase of the United States Average Consumer Price Index, as published by the Bureau of Labor Statistics of the U.S. Department of Labor. The current minimum wage rate for 2025 is $12.41. According to the U.S. Department of Labor Bureau of Labor Statistics, the 2024 percentage increase in the Consumer Price Index for all items, all urban consumers (CPI-U), is 2.9%. Therefore, the new adjusted state hourly minimum wage is $12.77 ($12.41 + [$12.41 x .029] = $12.77).  The Virginia adjusted state hourly minimum wage rate for January 1, 2026 until January 1, 2027 is $12.77. This calculation will continue to be used for annual minimum wage rate adjustments.

The minimum wage applies to most employees in Virginia, including full-time, part-time, and temporary workers. However, certain exemptions exist, such as for some seasonal and job-specific categories. Under the Fair Labor Standards Act, an employer may pay a tipped employee no less than $2.13 per hour, but their total earnings (the combination of wages and tips received) must meet Virginia’s minimum wage rate. For more information about the minimum wage increase and Virginia’s minimum wage laws, visit: www.doli.virginia.gov.

DOLI sent a letter to business groups in Virginia, to provide notification of the increase, and a copy of the letter can be found here.

About the Virginia Department of Labor and Industry

DOLI is an executive branch agency, under the Virginia Secretary of Labor, overseeing the Virginia Occupational Safety and Health (VOSH) program, Division of Boiler and Pressure Vessel Safety, and Division of Labor and Employment Law. DOLI strives to make Virginia a better place in which to live, work, and conduct business. 

DOLI’s Division of Labor and Employment Law is hosting virtual Youth Employment Compliance Training Sessions for Restaurants. The sessions will be held on June 12, 2025 and June 26, 2025 at 11 AM & 2 PM.

Join us to learn best practices for employing 14 and 15 year old employees in restaurant occupations. Topics of discussion include youth employment certificates, hours restrictions, permissible/prohibited/hazardous duties, and a Q&A with DOLI’s child labor law experts.

Registration is free and required. Register online at: bit.ly/43H6jP5.

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