TITLE 16. LABOR AND EMPLOYMENT

DEPARTMENT OF LABOR AND INDUSTRY

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Labor and Industry intends to consider promulgating 16VAC15-90, Paid Sick Leave Regulation. The purpose of the proposed action is to establish a statewide framework to implement and enforce paid sick leave rights for Virginia employees. When established, the regulation will provide qualifying employees with the right to accrue and use paid sick leave for: (i) the employee's mental or physical illness, injury, or health condition, including the medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or for preventive medical care; (ii) care of a family member who has a mental or physical illness, injury, or health condition, including the medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or who needs preventive medical care; or (iii) absence due to domestic violence, sexual assault, or stalking, provided that the leave is to allow the employee to seek or obtain medical care, mental health care, counseling, legal services, relocation, securing of an existing home, or other victim services for the employee or the employee's family member. Chapters 1128 and 1129 of the 2026 Acts of Assembly direct the Commissioner of Labor and Industry to promulgate regulations for the implementation and enforcement of paid sick leave rights for Virginia workers pursuant to § 40.1-33.6:7 of the Code of Virginia.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 40.1-33.6:7 of the Code of Virginia.

Public Comment Deadline: July 29, 2026.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, fax (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.