I appreciate the opportunity to comment on the development of regulations implementing Virginia's Paid Sick Leave law.

I operate salon businesses in both Virginia and Tennessee. My Virginia workforce is relatively small—approximately 12 employees—but managing compliance across two states requires maintaining different payroll, leave, and administrative processes. I support providing employees with paid time off when they are sick. My comments are intended to encourage regulations that achieve the law's purpose while minimizing unnecessary administrative burden for employers who already provide meaningful paid leave.

First, I encourage the Department to clearly recognize that existing paid time off (PTO) policies may satisfy the law when employees receive at least an equivalent benefit. Employers should not be required to create a separate sick leave bank solely because PTO may also be used for vacation or personal reasons. A flexible PTO policy often provides employees with greater benefit than separate leave categories and is easier for both employers and employees to understand.

Second, the regulations should provide flexibility for employers that front-load PTO rather than requiring strict accrual calculations. Many employers provide paid leave at the beginning of the benefit year because it is easier to administer and gives employees immediate access to paid time off. The regulations should clearly explain how front-loaded policies can comply with the law without requiring duplicate tracking systems.

Third, additional guidance would be helpful for employers operating in multiple states. Businesses with locations in both Virginia and neighboring states must balance differing legal requirements while maintaining consistent policies whenever possible. Clear examples and model compliance approaches would reduce confusion and improve voluntary compliance.

Fourth, the Department should recognize the operational realities of appointment-based businesses such as salons. When an employee is unexpectedly absent, employers often need prompt notice so appointments can be rescheduled and clients can be informed. The regulations should clarify that employers may maintain reasonable call-in procedures designed to facilitate business operations, provided those procedures do not interfere with employees' ability to use protected leave.

I also encourage the Department to consider the administrative process that occurs when an employee uses paid sick leave for only a portion of a workday. For many small employers, an employee's request is not entered directly into a sophisticated human resources system. Instead, the employee notifies a manager, the manager adjusts the daily schedule, records the absence, communicates the information to an office administrator or payroll provider, and payroll then determines how the time should be coded and paid. Every additional leave category or unique tracking requirement increases the number of administrative steps, creates additional opportunities for error, and consumes time that small business owners and managers would otherwise spend serving employees and customers.

The regulations should strive to simplify this process wherever possible by allowing employers to use existing timekeeping and payroll systems when they already provide equivalent paid leave benefits. Clear guidance on how partial-day leave should be reported, documented, tracked, and processed would greatly assist employers in achieving consistent compliance without creating unnecessary administrative complexity.

Finally, I encourage the Department to include practical examples addressing common administrative questions, including rehired employees, carryover, front-loaded PTO, waiting periods, equivalent PTO policies, and partial-day absences. Examples illustrating compliant reporting and payroll practices would be especially valuable for small employers that do not have dedicated human resources staff. Regulations that emphasize practical administration, rather than requiring additional layers of recordkeeping, will encourage better compliance while preserving the law's intended protections for employees.

Thank you for considering these comments. Regulations that provide flexibility, clarity, and practical guidance will benefit both employees and employers while promoting consistent compliance across the Commonwealth.