Paid sick leave bill ‘likely’ to pass, attorneys say

Ahead of the 2026 General Assembly session beginning Jan. 14, legislators have begun filing bills as Gov.-elect Abigail Spanberger prepares to set her legislative agenda following sweeping gains for Democrats last fall.

Among the first bills filed is a measure that aims to greatly expand paid sick leave in Virginia, a prospect that has employment law attorneys already bracing for potential litigation.

House Bill 5, sponsored by Del. Kelly Convirs-Fowler, D-Virginia Beach, would modify Virginia’s paid sick leave statute to require all employers in the commonwealth to provide one hour of paid sick leave for every 30 hours worked by an employee. The bill as written would apply to public and private employers of all sizes.

Currently, the only employees with statutorily mandated sick leave are home health care workers.

HB5 further authorizes civil penalties of up to $500 for violations of the statute, which would become effective July 1, 2027.

Convirs-Fowler could not be reached for comment by deadline.

While an identical bill was vetoed in 2025 by Republican Gov. Glenn Youngkin, the Democratic sweep of the executive branch has attorneys preparing for the bill to pass in the Democratic-majority state legislature.

“It is likely going to pass all of the branches and get to the governor’s office, and the governor is likely to sign it,” said Richmond attorney Patrice L. Lewis of Gentry Locke Attorneys. “Spanberger has mentioned that she is supportive of sick leave and she’s supportive of this bill, specifically the one hour for the 30 hours worked.”

Richmond employment law attorney Matthew T. Anderson, whose practice at Williams Mullen
focuses on defending businesses in employment
litigation, said attorneys should be preparing now for the bill’s impact on their clients.

“The main thing employment lawyers need to know is that this law is likely going to go into effect in some form or another,” Anderson said. “Now is the time to start prepping clients so that there is minimal surprise or disruption if and when the bill passes.”

Like Lewis, Anderson also agreed that the bill is likely to clear the legislative hurdles.

“In my opinion, I think that this bill will likely pass in some form or another with some modifications and Gov. Spanberger would likely be inclined to sign it into law,” Anderson said.

HB5

In the bill as filed, Anderson noted, employees are able to earn up to 40 hours of paid sick leave per year, which must be allowed to carry over year-over-year. However, the 40 accrued hours represent a cap.

“Employees will stop earning paid sick leave once they hit that 40-hour cap and only begin earning it again once they dip below 40 hours in their bank,” Anderson said.

In addition to allowing workers to take time off to deal with their own illnesses, the sick leave could also be used to care for a family member’s health condition, as well as to “obtain certain services or to relocate or secure an existing home due to domestic abuse, sexual assault, or stalking.”

The legislation also permits employers to adopt “a more generous paid sick leave policy than outlined herein” and allows employers to “require reasonable documentation that the paid sick leave has been used for a purpose for which such leave is
required to be provided” if an employee is absent for three or more consecutive workdays.

HB5 also explicitly prohibits retaliatory action by an employer, stating that an employer should not count the use of paid sick leave as an absence that “may lead to or result in discipline, discharge,
demotion, suspension, or any other adverse action.”

Roanoke attorney Paul Klockenbrink in Gentry Locke’s Labor and Employment group specifically highlighted the “built-in retaliation provisions” in HB5 as an area for attorneys to watch.

“That is yet another basis for somebody to challenge their termination of employment,” Klockenbrink said, adding that attorneys will advise employers to make sure they fully understand how to comply with the new statute if passed.

HB5 is identical to HB1921, a 2025 bill filed by Del. Jeion Ward, D-Hampton. That bill passed both the Senate and House of Delegates along party lines before being vetoed by Youngkin on March 24.

Lewis, who is Gentry Locke’s government affairs director, said this year’s process will likely be more straightforward, as Democrats now hold a 64-36 majority in the House of Delegates and control all three statewide executive branch offices.

“There may be some amendments that come to it, but I imagine that it will go through pretty seamlessly, especially since it is a low number bill as well,” Lewis said.

Although paid sick leave bills have been put forward for the past several years, she noted, legislative gridlock due to split control of state government has led to the bills failing in the past.

“Because we had a split in terms of parties, it has not been able to successfully pass,
whether it be that the House was Republicans, and the
Republican majority would kill the bill, or when it was a
Democratic majority and there was a Republican governor, so it would be vetoed,” Lewis said.

Anderson is monitoring for potential amendments to HB5, citing a similar law in Maryland that only applies paid sick leave for employers with 15 or more employees.

“I am watching if the bill’s definition of ‘employer’ changes,” Anderson said. “Sometimes there is some sort of employee number threshold that excludes small employers from having to provide paid leave.”

Looking ahead

Klockenbrink said that presently, he is not fielding any calls from clients about the proposed legislation and believes it is “not on a lot of people’s radar.” But “as soon as it happens, then we’ll probably get [calls],” he added. “You’ve got at least a window until 2027 to prepare.”

One potential impact for attorneys of all practice areas is the business-side effect. With HB5
applying to employers of all sizes, Lewis said, it is important for practitioners who own their
practices to look at their sick leave policies and see if they need to amend policies prior to July 2027,
assuming the bill passes.

“Of course, this is going to impact smaller firms more and potentially solo practitioners if they have any staff with them as well, because this will include the staff and not just the attorneys,” Lewis said, adding that some financial impacts for employers are to be expected.

“It’s going to be somewhat tight for some lawyers and some firms to handle this,” she said.

As for advising clients, Anderson and his
colleagues at Williams Mullen have already begun preparing clients for the likely possibility of the bill’s passage. Anderson wrote a client alert for the firm’s website last month outlining key takeaways for
potentially impacted clients.

“If the bill passes, we will advise our clients that it has passed, as well as [advising them on] their obligations under the new law depending on what the final law outlines and what the client’s current leave policies state,” Anderson said.

One of Klockenbrink’s main potential takeaways from the HB5 debate is the continued growth of wrongful termination suits in Virginia, with the new paid sick leave legislation probably presenting more ground for such claims. He noted the uptick in litigation is due to being able to sue in state court for these claims.

“It’s another avenue for somebody to pursue a claim,” Klockenbrink said.

If the bill passes as anticipated, Lewis said, the issue will “be one of the big news stories” out of this year’s session.

“There are real concerns that employers are going to have to navigate,” she said, “and that’s what lawyers especially are going to have to advise their
clients on.”