No, under Virginia law, employers are not mandated to provide paid sick leave to part-time employees.
Except for specific home health workers.
Employers are mandated under Va. Code §§ 40.1-33.3 to 40.1-33.6 to provide home health workers with paid sick leave. This applies only to home health workers providing personal care, respite care, or companion services in consumer-directed medicaid programs.
Someone who needs a home health worker might work with an agency. In this case, the agency is responsible for handling recruitment, hiring, training, supervision, and termination. These agencies are not mandated to provide paid sick leave.
Under consumer-directed Medicaid programs the Medicaid enrollee essentially becomes the agency.
Consumer-directed medicaid programs empowers Medicaid enrollees (or their representatives) to hire attendants. So they are responsible for recruitment, hiring, training, supervision, and termination. As well as keeping records of all that.
The Medicaid enrollee or their representative becomes the Employer of Record (EOR) in Virginia’s consumer-directed Medicaid programs.
Medicaid pays for the home health worker’s regular hours, but the EOR pays for paid sick leave separately.
A fiscal employer agent (FEA) processes the payroll for the home health worker in this situation. They handle timekeeping, payment, tax withholdings, etc., on behalf of the EOR.
- For regular pay, Medicaid provides funds to the FEA who then pays the home health worker.
- For sick leave, the EOR provides the funds to the FEA who then pays the home health worker. These funds are not reimbursable by Medicaid.
In this situation, part-time employees accrue one hour of paid sick leave per 30 hours worked, up to 40 hours of paid sick leave annually.
- Part-time employees qualify if they average 20 hours weekly or 90 hours monthly.
- Paid sick leave provides the same hourly wage as regular hours.
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Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult the official resources and seek legal counsel if necessary for complete and accurate information regarding specific regulations and practices.
