This guide covers PTO and vacation leave laws in Virginia for 2026. Whether you're an employee checking your rights or an HR team updating your handbook, here's what the law actually says — including payout rules, sick leave mandates, and what employers can and cannot do with your accrued time.
Does Virginia Require Employers to Provide PTO?
No U.S. state requires employers to provide paid vacation days — and Virginia is no exception. However, paid sick leave is a different matter: Virginia does not have a statewide paid sick leave mandate for most private employers.
Once an employer promises vacation or PTO in a written policy or handbook, that promise becomes a legal obligation in virtually all states including Virginia. Courts consistently treat written PTO promises as binding wage commitments.
PTO Payout at Separation — Virginia Rules (2026)
| Question | Answer for Virginia |
|---|---|
| Is payout required by law? | No — policy-dependent |
| Governing law / statute | Virginia Code § 40.1-29 |
| Use-it-or-lose-it allowed? | Use-it-or-lose-it policies are permitted if clearly communicated. |
| Who enforces violations? | Virginia Department of Labor and Industry |
Virginia does not require PTO payout unless the employer policy or contract promises it. Written policies promising payout are enforceable.
Use our PTO payout calculator to estimate your gross payout value, or check the full Virginia payout rules page for state-specific details.
Carryover & Use-It-or-Lose-It Rules in Virginia
Use-it-or-lose-it policies are permitted if clearly communicated.
Important distinction: an accrual cap (stopping new accrual when a balance ceiling is reached) is different from forfeiture (zeroing out earned PTO). Accrual caps are legal everywhere. Forfeiture of already-earned PTO requires careful attention to state law. See the Virginia PTO carryover rules page for full details.
PTO Accrual Rates — Common Schedules in Virginia
| Pay frequency | 10 days/year (80 hrs) | 15 days/year (120 hrs) | 20 days/year (160 hrs) |
|---|---|---|---|
| Weekly (52 periods) | 1.54 hrs/period | 2.31 hrs/period | 3.08 hrs/period |
| Biweekly (26 periods) | 3.08 hrs/period | 4.62 hrs/period | 6.15 hrs/period |
| Semi-monthly (24 periods) | 3.33 hrs/period | 5.00 hrs/period | 6.67 hrs/period |
| Monthly (12 periods) | 6.67 hrs/period | 10.00 hrs/period | 13.33 hrs/period |
Use our PTO accrual calculator to compute your exact per-period accrual based on your annual allowance and pay schedule.
Paid Family & Medical Leave in Virginia
No state PFML program. FMLA applies to eligible employees.
Special Rules & Deadlines in Virginia
Virginia recently enacted paid sick leave for home health workers.
Frequently Asked Questions — Virginia PTO Laws
Can my employer in Virginia take away PTO I have already earned?
Use-it-or-lose-it policies are permitted if clearly communicated. For detailed protection rules, see our guide: Can My Employer Take Away My Accrued PTO?
Do I get paid for unused PTO when I quit in Virginia?
Virginia does not require PTO payout unless the employer policy or contract promises it. Written policies promising payout are enforceable. For the full breakdown, see: What Happens to PTO When You Quit?
How much PTO am I legally entitled to in Virginia?
No Virginia law requires employers to provide paid vacation. Paid sick leave rules: Virginia does not have a statewide paid sick leave mandate for most private employers. Read more: How Much PTO Do I Get By Law?
Resources & Official Authority
For official guidance, contact: Virginia Department of Labor and Industry. For self-service calculations, use our free tools: PTO accrual calculator, payout calculator, and hours-to-days converter.