Virginia break, overtime and sick leave rules
Meal and rest breaks, overtime and paid sick leave in Virginia, in plain words. Last reviewed October 31, 2026. Not legal advice.
The rules in Virginia#
- Meal breaks
- No general meal break rule for adults.
- Rest breaks
- No general paid rest break rule for adults.
- Overtime
- No overtime threshold of its own: Virginia law makes employers liable under state law for violating the federal Fair Labor Standards Act (FLSA) overtime requirements (1.5 times the regular rate after 40 hours in a workweek).
- Paid sick leave
- No statewide paid sick leave law for most private employers yet. A new law (2026 Acts chapters 1128 and 1129) takes effect July 1, 2027 for employers with 50 or more employees, January 1, 2028 for 25 or more, and January 1, 2029 for all employers: 1 hour per 30 hours worked, up to 40 hours per year. A narrower existing law covers certain home health workers.
How Oh! Thyme handles Virginia#
Oh! Thyme runs a company in Virginia on the federal rules. On every shift it checks:
- Overtime after 40 hours in a workweek, worked out week by week
- Every punch and break, to the minute
- Sick leave balances build from approved hours at the rate set for each person, such as 1 hour per 30 worked, stop at their cap, and come down when time off is approved.
Read next#
- Meal and rest break laws by stateWhich states require meal or rest breaks for adults, when, and which ones attach a pay penalty.
- Semi-monthly pay periods and weekly overtimeWhy overtime is counted by workweek even when pay periods run the 1st to the 15th.
Sources#
- Code of Virginia Title 40.1, Article 2.1:1: Paid Sick Leave (effective July 1, 2027)
- Code of Virginia 40.1-29.2: Overtime
- US DOL Wage and Hour Division: Minimum Length of Meal Period Required under State Law for Adult Employees in Private Sector
- US DOL Wage and Hour Division: Minimum Paid Rest Period Requirements Under State Law for Adult Employees in Private Sector
- US DOL Wage and Hour Division: State Minimum Wage Laws (overtime premium pay notes)