Virginia Employee Handbook Requirements: What Employers Need

Virginia has significantly expanded its employment protections in recent years, particularly through the Virginia Values Act and updates to the Virginia Human Rights Act. Employers operating in Virginia need a handbook that reflects these changes alongside federal requirements. This guide covers the key policies Virginia employers should include. ## At-Will Employment in Virginia Virginia is an at-will employment state. Either the employer or the employee may end the employment relationship at any time, for any lawful reason, with or without notice. Your handbook should contain a clear at-will disclaimer and avoid language that could be construed as creating a contract of employment, such as guarantees of continued employment or mandatory progressive discipline steps. ## Virginia Human Rights Act VHRA The Virginia Human Rights Act Va. Code Section 2.2-3900 et seq. prohibits employment discrimination on the basis of race, color, religion, national origin, sex, pregnancy, childbirth and related medical conditions, age, marital status, sexual orientation, gender identity, disability, and veteran status. ### Virginia Values Act The Virginia Values Act, which took effect in 2020, substantially expanded the VHRA. It lowered the employer coverage threshold from 15 employees to 5 employees for most protections, added sexual orientation and gender identity as protected classes, created a private right of action for employees meaning they can sue employers directly in Virginia courts, and authorized the recovery of compensatory and punitive damages as well as attorney fees. Your handbook's anti-discrimination and equal employment opportunity policies must cover all VHRA-protected categories. Given the low employer size threshold, even small businesses in Virginia need these policies. ## Anti-Harassment Policy Virginia law does not have a separate anti-harassment statute, but harassment based on any VHRA-protected characteristic is considered a form of discrimination. Your handbook should include an anti-harassment policy that defines prohibited conduct including sexual harassment, provides multiple reporting channels, outlines investigation procedures, and states that retaliation against anyone who reports harassment or participates in an investigation is prohibited. ## Wage and Hour Requirements ### Virginia Minimum Wage Virginia's minimum wage is governed by the Virginia Minimum Wage Act Va. Code Section 40.1-28.8 et seq.. As of January 1, 2025, the minimum wage is $12.41 per hour. The law includes provisions for future adjustments. Your handbook should reference the current rate and note that it may change. ### Virginia Overtime Pay Virginia enacted its own overtime law under the Virginia Overtime Wage Act Va. Code Section 40.1-29.2, which took effect in 2021. This law generally mirrors federal FLSA requirements — non-exempt employees receive overtime at 1.5 times their regular rate for hours exceeding 40 in a workweek — but it provides employees a private right of action and allows for liquidated damages and attorney fees. Your handbook should clearly classify employees as exempt or non-exempt and explain overtime eligibility. ### Wage Payment and Notification The Virginia Wage Payment Act Va. Code Section 40.1-29 requires employers to pay employees on regular paydays, provide itemized pay stubs, and pay all final wages by the next regular payday after separation. The Virginia Wage Theft Prevention Act strengthened penalties for wage theft. Your handbook should describe pay schedules, payroll deduction policies, and what happens at termination. ## Leave Policies ### No State-Mandated Paid Leave Virginia does not require private employers to provide paid sick leave, paid vacation, or paid family leave. However, if you offer these benefits, your handbook should clearly describe eligibility, accrual, usage, and payout rules. Federal FMLA applies to employers with 50 or more employees. ### Organ and Bone Marrow Donor Leave Virginia law Va. Code Section 40.1-28.7:1 requires employers with 50 or more employees to provide eligible employees with up to 30 business days of unpaid leave in a 12-month period for organ donation and up to 30 business days for bone marrow donation. Your handbook should include this policy if you meet the threshold. ### Crime Victim Leave Virginia prohibits employers from penalizing employees who are absent to attend criminal proceedings related to crimes committed against them Va. Code Section 40.1-28.7:2. Include a policy addressing this protection and the notice requirements. ## Workers' Compensation Virginia requires most employers with three or more employees to carry workers' compensation insurance under the Virginia Workers' Compensation Act Va. Code Section 65.2-100 et seq.. Your handbook should explain how to report workplace injuries, the claims process, and return-to-work procedures. ## Pregnancy and Lactation Accommodations Under the VHRA as amended by the Virginia Values Act, employers must provide reasonable accommodations for employees affected by pregnancy, childbirth, or related medical conditions, unless the accommodation would impose an undue hardship. Additionally, Virginia law Va. Code Section 40.1-28.7:4 requires employers to provide reasonable break time and a private space other than a bathroom for employees to express breast milk for up to one year after a child's birth. ## Restrictive Covenants and Non-Competes Virginia enacted legislation Va. Code Section 40.1-28.7:8 that prohibits employers from entering into non-compete agreements with "low-wage employees" — defined as employees whose average weekly earnings are less than the state's average weekly wage. If your company uses non-compete, non-solicitation, or other restrictive covenants, your handbook should reference the applicable policy while complying with this restriction. ## Firearms in the Workplace Virginia does not prohibit employers from banning firearms on company property. However, Virginia law does protect employees who lawfully store firearms in their locked personal vehicles on company-owned parking lots. Your handbook should address your company's firearms and weapons policy, including parking lot rules if applicable. ## Frequently Asked Questions Does Virginia require an employee handbook? No. Virginia does not mandate employee handbooks. However, a handbook is the most effective way to communicate policies, comply with notice requirements, and establish consistent enforcement. How many employees trigger the Virginia Human Rights Act? The VHRA applies to employers with 5 or more employees for most anti-discrimination protections, following the expansion under the Virginia Values Act. Does Virginia have paid sick leave? No. Virginia does not have a statewide paid sick leave requirement for private employers as of 2026. ## Stay Compliant in Virginia Virginia's employment law landscape has shifted substantially since the passage of the Virginia Values Act. Employers need to ensure their handbooks reflect expanded anti-discrimination protections, updated wage laws, and accommodation requirements. Rulewize builds Virginia-compliant handbooks that account for these changes and keeps them current as the law evolves.