Can a Virginia employer require a doctor's note? Generally yes. No Virginia or federal law prevents an employer from requesting reasonable medical documentation, and Virginia has no general statewide paid-sick-leave law in effect yet. Whether you need a note depends largely on your employer's own written policy.
As of 2026, Virginia's only paid-sick-leave law in effect is a narrow one covering certain home health workers — there is no general statewide paid-sick-leave entitlement for most private employees yet. In May 2026, Virginia enacted a broader paid-sick-leave program that phases in by employer size beginning in 2027, but it is not yet in effect. Because there is no general state sick-leave law restricting documentation today, an employer is generally free to require a verifiable doctor's note under a reasonable policy.
How sick leave works in Virginia
As of 2026, Virginia does not have a general statewide paid-sick-leave law in effect for most private employees. The only paid-sick-leave law currently in force is a narrow one (Code of Virginia §§ 40.1-33.3 through 40.1-33.6) that covers certain home health workers — those providing personal care, respite, or companion services to consumer-directed recipients under Virginia’s Medicaid program who meet minimum-hours thresholds. For everyone else, sick leave remains a voluntary benefit set by the employer’s policy or contract, with the federal Family and Medical Leave Act providing an unpaid, job-protected floor for eligible employees.
Virginia is also a Dillon’s Rule state, so localities generally lack independent authority to create their own paid-sick- leave mandates, and no Virginia city or county has an active sick-leave ordinance.
A broader law is coming. In May 2026, Virginia enacted legislation creating a statewide paid-sick-leave program for most employers, providing accrual at one hour for every 30 hours worked. The program is not yet in effect — it phases in by employer size over several years beginning in 2027. Employees should expect the usual sick-leave-style limits on documentation for short absences once it takes effect. Until then, the rules below reflect current law.
When a doctor’s note can be required
No Virginia or federal law forbids asking for a note, and since the state’s broader paid-sick-leave program hasn’t taken effect yet, the employer’s written policy is what controls, often requiring one after several consecutive days as the employer’s own choice. What such a policy usually calls for is a note from a licensed physician confirming the dates, not the diagnosis. Once the new law phases in, the ADA and FMLA will still govern how medical information can be requested and require it to be kept confidential.
This is general information, not legal advice, and it will need a fresh look once Virginia’s new paid-sick-leave program phases in from 2027. Confirm anything time-sensitive with the state agency or an employment attorney.
Sources
Frequently asked questions
Does Virginia require paid sick leave?
Who is covered by Virginia's current paid-sick-leave law?
Can my Virginia employer ask for a note for one sick day?
This is general information about Virginia rules, not legal advice. Laws change; verify current requirements with the linked primary sources or an employment attorney.