Virginia’s 2026 legislative session: What employers need to know

Virginia employers may be facing the most significant overhaul of workplace laws in decades. With unified Democratic control of the executive branch and General Assembly, lawmakers have reintroduced numerous previously vetoed proposals and advanced new legislation that could reshape the employment litigation landscape. With leave entitlements, wage transparency, noncompete issues, and artificial intelligence (AI) regulation, employers should prepare for substantial shifts in workplace compliance obligations. Below are bills employers should track.

Paid leave expansion

Two significant leave bills are expected to pass this session. House Bill (HB) 5 and Senate Bill (SB) 199 would expand paid sick leave beyond home health workers to all employees, permitting workers to accrue one hour of leave for every 30 hours worked. The bills cover mental and physical illness, injury, caregiving, and services related to domestic violence, sexual assault, or stalking.

SB 2 and HB 1207 propose a statewide paid family and medical leave insurance program providing up to 12 weeks of paid leave at 80% of an employee’s average weekly wage. The program would be funded through employer and employee payroll premiums beginning in 2028, with benefits starting in 2029.

Wage transparency