Labor & Employment Law Daily Wrap Up, STATE LEGISLATION—VIRGINIA—Governor Spanberger signs paid sick leave expansion, vetoes menopause bias measures, (May 21, 2026)

By Patricia K. Ruiz, J.D.

Spanberger approved a statewide sick leave accrual mandate while rejecting proposed amendments to the Virginia Human Rights Act.

Virginia Gov. Abigail Spanberger has signed legislation establishing a statewide paid sick leave requirement while vetoing companion bills that would have added menopause and perimenopause protections to state anti-discrimination law. The enacted measure, House Bill (HB) 5, creates a uniform accrual system applicable to most Virginia workers and employers, with implementation set for 2027. Separately, the vetoed legislation—HB 1173 and Senate Bill (SB) 258—would have amended the Virginia Human Rights Act to prohibit menopause-related discrimination and require accommodation, as well as mandate a statewide study.

Paid sick leave legislation enacted. On May 20, 2026, Spanberger signed HB 5, which establishes a statutory paid sick leave program covering salaried, full-time, and part-time employees across the Commonwealth. The law requires employers to provide workers with one hour of paid sick leave for every 30 hours worked, capped at five days per year. The benefit extends to categories of workers who previously lacked access to paid sick leave, with the governor’s office estimating that more than one million workers will be covered under the new framework.

The measure establishes a uniform accrual methodology rather than mandating a frontloaded leave benefit, creating a baseline entitlement for paid sick leave across industries. The accrual formula and annual cap are set in statute, and existing employer-provided paid leave policies may satisfy the law if they meet or exceed the statutory minimum requirements. As enacted, the measure sets consistent accrual and usage standards statewide, replacing prior limitations in which access to paid sick leave depended largely on employer policy or sector-specific mandates.

The legislation is scheduled to take effect in July 2027, providing a delayed implementation period during which agencies and employers are expected to prepare for compliance.

Veto of menopause discrimination bills. In a separate action, Spanberger vetoed HB 1173 and SB 258, identical measures that would have amended the Virginia Human Rights Act to add menopause and perimenopause as protected conditions. As passed by the General Assembly, the bills would have prohibited discrimination on the basis of menopause or perimenopause in employment, public accommodations, and government programs. The legislation also would have required employers to provide reasonable accommodations for known limitations related to those conditions, consistent with existing accommodation frameworks under the Act.

In addition to the proposed anti-discrimination provisions, the measures directed the Commissioner of Labor and Industry, in consultation with the Commissioner of Health, to conduct a study on menopause and perimenopause in the workforce. The study would have examined workplace accommodations, existing policies, and best practices, with a report due to the governor and General Assembly by July 1, 2028.

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