While Virginia labor laws do not mandate rest or meal breaks for most employees, special protections exist for minors and lactating employees. Employers may also face fines for violating these rules.
This guide explains Virginia’s break laws in simple terms, covering rest and meal periods, breastfeeding and pregnancy-related breaks, and rules for minors, offering employers and employees clarity about rights and responsibilities.
Key Takeaways From Virginia Break Laws
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This Article Covers
- Rest and Meal Breaks in Virginia
- Breastfeeding Breaks in Virginia
- Breaks for Minor Employees in Virginia
- Penalties for Violating Break Laws in Virginia
Rest and Meal Breaks in Virginia
Employers are not required to provide employees with rest or meal breaks under Virginia break laws. The only exception to this rule is for employees under the age of 16, which is discussed in detail in the minors section below.
Read our guide on your rights as a salaried employee in Virginia.
Breastfeeding Breaks in Virginia
Employers with five or more employees for at least 20 consecutive weeks in the current or preceding year must provide reasonable accommodations for pregnant and lactating employees under the Virginia Pregnant Workers Fairness Act (VPWFA). These accommodations include, but are not limited to:
- Extra or longer bathroom breaks.
- Breaks to express breast milk.
- Access to a private space (not a bathroom) for lactation.
Employers are required to work with employees in good faith to identify suitable accommodations. Whether these breaks are paid or unpaid is up to the employer, unless a collective bargaining agreement states otherwise.
Employers may be excused from these requirements if providing breastfeeding breaks and space would cause undue hardship to their business operations.
Employers must also inform workers of these rights by posting notices in the workplace, including them in employee handbooks, providing them to new hires, and giving them to employees within ten days of pregnancy notification.
Breastfeeding Breaks for Employees of Virginia School Boards
Virginia school boards must adopt an Employee Lactation Support Policy. For one year after childbirth, nursing employees (and students) must be given:
- Reasonable breaks during the school day to express milk.
- Access to a private, non‑restroom space in every school that is shielded from public view.
These laws ensure employees in Virginia have clear protections for breastfeeding and pregnancy needs.
Breaks for Minor Employees in Virginia
In Virginia, employers must provide minor employees under 16 years of age with at least a 30‑minute meal break for every five hours of work under state law. A break of less than 30 minutes doesn’t count as an interruption to the continuous work period.
Penalties for Violating Break Laws in Virginia
Employers in Virginia are prohibited from:
- Retaliating against employees who request or use breastfeeding or pregnancy-related breaks.
- Denying promotions or jobs because of pregnancy or lactation needs.
- Forcing employees to take leave if other accommodations are possible.
Employees who are denied these rights can file a lawsuit against the employer within two years of the violation, or within 90 days after a final agency decision if the employee first filed a complaint with the Virginia Office of Civil Rights or a local human rights agency.
If the employer is found guilty, the court may award compensatory damages, back pay, attorney’s fees, court costs, and issue orders to stop unlawful practices or take corrective action.
Penalties for Denying Breaks to Minors in Virginia
Employers who violate Virginia’s child labor laws, including rules on breaks for minors, can face civil fines ranging from $500 to $2,500 per violation, depending on employer size and the severity of the offense.
If the Commissioner of the Virginia Department of Labor and Industry (DOLI) determines a violation has occurred, the employer will receive a formal notice. The employer then has 21 days to challenge the violation by requesting an informal conference. After review, the Commissioner will issue a decision, which can be appealed in court within 30 days.
If the employer does not respond within 21 days, the violation and penalty become final automatically. All civil penalties must be paid to the Commissioner and are deposited into Virginia’s general fund.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
