This form is a sample of vacation and sick pay provisions for an employment agreement. The form contains sections pertaining to holidays with pay, annual leave, sick leave,and the Family and Medical Leave Act.
Virginia Employee Agreement - Vacation and Sick Pay
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FAQ
On March 30, 2021, Governor Ralph Northam signed into law Paid Sick Leave solely for the benefit of a limited class of home health workers. This legislation will go into effect on July 1, 2021.
There is no Virginia statute that requires employers to pay a departing employee for accrued vacation or other leave time.
There is no Virginia statute that requires employers to pay a departing employee for accrued vacation or other leave time.
The bill provides for an eligible employee to earn up to 40 hours of earned paid sick time depending on the amount of hours the eligible employee has averaged over the previous year or, for a new employee, is projected to work.
This is why we are working to create a paid sick day standard in Virginia. This standard would require employers to provide up to 5 paid sick days (40 hours) each year for full-time workers. Workers may use this time for themselves or to care for a sick loved one.
There is no Virginia law requiring private sector employers to provide employees sick leave, paid or unpaid, although many employers do grant it as an important employee benefit. It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it.
In addition to the leave provided by your employer's discretionary policies on vacation time, sick leave, personal days, or paid time off (PTO), you may have a legal right to take time off work for specific reasons under federal and Virginia laws.
Payout of vacation at termination. In such circumstances, earned vacation will generally be treated as wages pursuant to state wage payment and collection laws. Virginia courts have ruled that vacation that is part of a contract must be compensated at termination.
Under the current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill will remove requirements that health care workers have to work at least 20 hours per week for paid sick leave.