This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq.
This article covers the availability of different forms of leave for Virginia private sector employees under Virginia law.
Vacation or Annual Leave
In the Commonwealth of Virginia, private sector employers are not required to provide employees with vacation or annual leave benefits, whether they are paid or unpaid. If an employer chooses to provide this type of leave to employees, however, it must comply with the terms of the employer’s established policy or employment contract.
A private sector employer must pay an employee for accrued annual/vacation leave upon separation from employment if its policy or contract provides for such payment. The courts in the Commonwealth of Virginia have not provided much guidance with respect to leave rights, so an employer is generally free to mostly develop their own annual leave/vacation leave policy.
This means that even if there is a vacation/annual leave policy, the employer could make it a “use or lose” policy or deny payment of annual leave if the employer’s policy is silent on the issue.
There is no requirement for employers to provide private sector employees with sick leave benefits, whether they are paid or unpaid under Virginia law. However, if an employer chooses to provide sick leave benefits to employees, it must comply with the terms of the employer’s established policies or applicable employment contract.
That said, an employer in Virginia is still subject to the Family and Medical Leave Act (FMLA) and other federal laws regarding sick leave that must be given to an employee. Generally, under FMLA, the federal law provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.
In the Commonwealth of Virginia, the law does not require private-sector employers to give employees bereavement leave. Bereavement leave is taken by an employee usually due to the death of a close relative.
An employer may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains. Generally, however, there is no entitlement to bereavement leave.
In terms of holiday leave, Virginia law also does not require private employers to provide this type of leave to employees. This applies to both paid and unpaid leave. In fact, Virginia employers can require an employee to work holidays.
A private-sector employer does not have to pay an employee premium pay, such as 1½ times the regular pay rate, for working on holidays, unless such time worked qualifies the employee for overtime under the governing overtime laws (e.g., Fair Labor Standards Act). If an employer chooses to provide either paid/unpaid holiday leave, it must comply with the terms of their established policy or employment contract.
Jury Duty Leave
In Virginia, a private sector employer is not required to pay an employee for time spent on jury duty. However, there is a provision of the Virginia Code which makes it against the law for an
employer to discharge or take any other adverse action against an employee for jury duty service if the employee has given reasonable notice of their required service.
In addition, an employer cannot require an employee to take sick, annual or vacation leave when responding to a jury summons or service on the jury if reasonable notice to the employer has been given.
Similar to federal law, under the Uniformed Services Employment and Reemployment Rights Act (USERRA), Virginia has laws that protect the employment status of the men and women who serve in the armed forces.
Virginia law prohibits employers from discharging or otherwise discriminating against an employee because he or she is a member of the Virginia National Guard, Virginia State Defense Force or naval militia. The Virginia law covers all public and private employers, regardless of size. An employer that violates this provision can be guilty of a misdemeanor.
The Commonwealth of Virginia does not have a law that requires an employer to grant its employees leave, paid or unpaid, to vote. This should be changed, in the author’s opinion, but that is the case today. However, Virginia law does require an employer to provide an employee time off to serve as an election officer if the employee has given reasonable notice of the need for leave.
Such leave need not be paid by the employer. The leave does not need to be paid. A Virginia employer that fails to allow an employee to take time off to serve as an election officer can be guilty of a misdemeanor.
If you are in need of employment law advice or assistance, please contact our office at 703-668-0070 or through our contact page to schedule a consultation. Please also visit and like us on Facebook or Twitter.
In loving memory of Joseph Robert Kapacziewski, who passed away in 2023 at the age of 41.
In loving memory of James Stuart Edmonds, who passed away in 2023 at the age of 84.
A man was shot in front of a lounge on Columbia Pike early this morning, continuing a string of violent incidents.
Good Friday evening, Arlington. Today we published articles that were read a total of 17124 times… so far. 📈 Top stories The following are the most-read articles for today —…
YULA’s ultimate frisbee spring season is now open for registration. We offer programs for middle and high schoolers – open to all players, whether they are new or have previous experience.Middle SchoolIn the Middle School league, mixed-gender teams practice once during the week and have games on Sunday afternoons. Spring league is a fun, safe, and positive environment. The season begins mid-March and wraps up with a tournament in early June. There are several options for practice days, so we can often work around schedule conflicts with other sports & activities.High SchoolThe High School program is organized by school of attendance and teams are classified by gender. New players will learn the basics in a supportive, welcoming environment. Experienced players will continue to develop their skills, and enjoy competition with other high school programs. The season concludes with a state level championship tournament in late May.All players are guided by experienced coaches who emphasize sportsmanship and good spirit. Ultimate is a fun sport with great camaraderie!YULA does not want finances to limit anyone from participating. Our middle school program offers a “Pay What You Can” cost structure and our our high school program is offering a $50 discount to new players.Visit our website to register and learn more. Sign up with a friend, but don’t delay, the season starts in March!http://www.yula-ulti.org
The Arlington-Aachen High School exchange is returning this summer and currently accepting applicants.
The sister-city partnership started in 1993 by the Arlington Sister Cities Association, which seeks to promote Arlington’s international profile through a variety of exchanges in education, commerce, culture and the arts. The exchange, scheduled June 17th to July 4th, includes a two-week homestay in Aachen plus three days in Berlin. Knowledge of the German language is not required for the trip.
Former participants have this to say:
_”The Aachen exchange was an eye-opening experience where I was fully immersed in the life of a German student. I loved biking through the countryside to Belgium, having gelato and picnics in the town square, and hanging out with my German host student’s friends. My first time out of the country, the Aachen exchange taught me to keep an open mind, because you never know what could be a life changing experience.” – Kelly M._
Valentine gifts for someone special or for yourself are here at George Mason University from noon -4pm on February 14, 2023. Satisfy your sweet tooth with Kingsbury Chocolates, find a handmade bag from Karina Gaull, pick up treats from Village