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Capital City
Richmond
Timezone
EST
(
GMT-5
)
Paid Leave
None
Income Tax
2% - 5.75%
Employer Tax
0.1% - 6.2%
Capital City
Richmond
Timezone
EST
(
GMT-5
)
Paid Leave
None
Income Tax
2% - 5.75%
Employer Tax
0.1% - 6.2%
Virginia is a right-to-work state, meaning employees cannot be required to join a union as a condition of employment.
Northern Virginia, near Washington, D.C., is a growing tech hub, attracting a skilled workforce and major employers in technology and government sectors.
Virginia does not mandate paid family leave, but employers may voluntarily offer it or allow employees to use accrued PTO for family-related leave.
First, check if employers must register for an EIN or payroll tax number. Then, confirm whether workers must be employed with EINs or tax numbers.
Virginia labor laws do not specify maximum working hours for adults. However, employers are required to pay overtime at a rate of one and a half times the regular pay for hours worked over 40 in a workweek.
Virginia law does not define "full-time" employment. This designation is typically determined by the employer's policies or as defined in employment contracts.
Virginia does not mandate probationary periods for new hires. Employers may establish probation periods based on their internal policies.
As of January 1, 2023, the minimum wage in Virginia is $12.00 per hour. This rate is set to increase to $12.41 per hour on January 1, 2025, based on adjustments tied to the Consumer Price Index.
Virginia prohibits employment discrimination based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age (40 and older), marital status, disability, and status as a veteran. Employers are prohibited from engaging in discriminatory practices in hiring, firing, promotion, compensation, and other terms of employment.
Virginia law requires employers to establish regular pay periods, which can be daily, weekly, bi-weekly, semi-monthly, or monthly. The chosen pay frequency must be communicated to employees and consistently maintained.
For comprehensive guidance, it's advisable to consult the Virginia Department of Labor and Industry or legal counsel specializing in employment law.
In Virginia, the standard deadline for filing individual income tax returns is May 1 each year. If this date falls on a weekend or holiday, the deadline is extended to the next business day.
Pensions are not mandatory in Virginia, but under the RetirePath Virginia program, employers with 25+ employees, operating for 2+ years, and without a retirement plan must provide access to one. Employers only facilitate payroll deductions; no contributions are required.Good to know: Non-compliance may result in a $200 fine per employee annual
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Virginia does not mandate employers to provide paid time off (PTO) for vacation or personal reasons. Employers who choose to offer PTO must adhere to their established policies or employment contracts.
In Virginia, there is no state-mandated maternity leave. Employees rely on the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for eligible employees to care for a newborn, adopted child, or newly placed foster child. If FMLA doesn’t apply, any maternity leave would depend on the employer’s policies. Some companies may offer paid maternity leave voluntarily as a benefit.
In Virginia, there is no state-mandated paternity leave. Eligible employees may qualify for unpaid, job-protected leave under the federal Family and Medical Leave Act (FMLA) to care for a newborn, adopted child, or newly placed foster child. If FMLA doesn’t apply, any paternity leave would depend on the employer’s specific policies, as Virginia law does not provide additional leave requirements for paternity.
Virginia does not require private employers to provide paid or unpaid sick leave, except for certain home health workers. Employers who offer sick leave must comply with their established policies or employment contracts. Additionally, eligible employees may use FMLA leave for their own serious health conditions.
Federal law (USERRA) provides unpaid leave and job protection for employees in the armed forces, including the National Guard and Reserves, ensuring reemployment rights upon return from service.
Employers are not required to pay employees for time spent responding to a jury summons or serving on a jury. However, they may not discharge or take any adverse action against an employee for attending jury duty, provided the employee gives reasonable notice. Employers also cannot require employees to use vacation or sick leave for jury duty.
Virginia does not have a law requiring employers to provide leave for voting.
There is no state requirement for bereavement leave. Employers may offer it based on their policies.
Virginia provides up to 80 hours of paid leave annually for eligible employees to provide emergency services during disasters. This also applies to employees who are victims of disasters meeting specific criteria.
In Virginia, employers with 50 or more full-time equivalent employees are required to provide health insurance that meets federal standards under the Affordable Care Act (ACA). Employers with fewer than 50 employees are not mandated to offer health insurance but may choose to do so to attract and retain talent
Virginia law does not require employers to provide benefits to part-time employees. However, employers may offer benefits to part-time staff based on company policies or employment agreements.
As of July 1, 2023, Virginia requires employers with 25 or more employees, who have been in operation for at least two years and do not offer a qualified retirement plan, to facilitate employee access to the state-sponsored retirement program, RetirePath Virginia. Employers already offering a qualified plan, such as a 401(k), are exempt from this requirement.
Virginia follows the "at-will" employment doctrine, allowing employers to terminate employees at any time, for any reason, or for no reason, provided the termination does not violate specific legal protections. Employers must ensure that terminations do not infringe upon federal or state anti-discrimination laws, which prohibit dismissals based on race, colour, religion, sex, national origin, age (40 or older), disability, marital status, or pregnancy.
Good to know: Additionally, employers cannot terminate employees for reasons that contravene public policy, such as refusing to engage in illegal activities or exercising legal rights like filing a workers' compensation claim.
Under Virginia's at-will employment framework, employers are not legally required to provide advance notice before terminating an employee, unless an employment contract or company policy stipulates otherwise. However, upon termination, employers must pay all wages or salaries due for work performed prior to termination on or before the date the employee would have been paid had their employment not ended
In Virginia, employers are generally not obligated to provide severance pay upon termination, unless there is a specific employment contract or company policy that requires it. If severance pay is offered, it is typically in exchange for the employee's waiver of certain rights, often formalized through a severance agreement. Employees are advised to consult with an attorney before signing such agreements to fully understand the rights they may be waiving.
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As of January 1, 2024, Virginia’s minimum wage rates are:
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