Virginia came close to dramatically expanding paid sick leave protections in 2025, but House Bill 1921 ultimately fell victim to a gubernatorial veto that the legislature couldn’t override. The failed legislation highlights an ongoing debate in the Commonwealth about worker protections versus business flexibility.
The bill proposed extending paid sick leave to virtually all Virginia employees, building on a modest 2021 law that covered only home health workers. Under HB 1921, workers would have accrued one hour of paid sick leave for every thirty hours worked, capped at forty hours annually, with the ability to carry unused time into the next year. Sponsors estimated the change would have benefited approximately 1.2 million Virginians who currently lack any paid time off. The legislation passed both chambers along partisan lines before landing on Governor Glenn Youngkin’s desk in March 2025.
Supporters framed paid sick leave as both a public health necessity and an economic investment. They argued that workers shouldn’t have to choose between their health and their paycheck, pointing to research showing that paid leave reduces disease transmission, lowers employee turnover, and improves long-term productivity. Advocates emphasized that the COVID-19 pandemic exposed how lack of paid leave disproportionately harms low-income workers and creates preventable public health risks. They also noted that neighboring Maryland and the District of Columbia already have similar protections, and that Virginia’s forty-hour cap represented a modest requirement unlikely to burden responsible employers.
Opponents, particularly business organizations, raised concerns about imposing a one-size-fits-all mandate on Virginia’s diverse economy. They warned that requiring all employers to provide paid sick leave could create significant administrative and financial burdens, especially for small businesses operating on thin margins or still recovering from pandemic disruptions. Critics argued the mandate might lead employers to reduce hours, delay hiring, or even lay off workers to offset increased labor costs. Some framed the issue philosophically, contending that employment benefits should remain a matter of private negotiation rather than government mandate.
Governor Youngkin vetoed HB 1921 in March 2025, characterizing it as an inflexible statewide mandate that failed to account for Virginia’s varied business landscape. He argued the bill risked discouraging job creation and represented unnecessary government intrusion into private employment relationships. The House sustained the veto on April 2, 2025, leaving Virginia’s limited 2021 law intact. However, the close legislative votes suggest significant appetite for reform. Legislative observers expect the issue to resurface, possibly in modified form during the 2026 session. Future versions might include exemptions for very small employers, phased implementation timelines, or tax incentives to offset compliance costs—adjustments designed to address economic concerns while advancing worker protections.
D. Scott Gordon, Richmond Employment Lawyer
dsgordonlaw.com