Virginia Break Laws (2026)
Last updated: 2026-10-07 · Checked against the statute text and state agency guidance · Minors only
| Adult meal break | Not required |
|---|---|
| Adult rest break | Not required (short breaks you give must be paid) |
| Minors | 14–15: 30 min if over 5 h; max 5 h straight · 16–17: same as adults |
| Lactation | Accommodation law (5+ employees) |
| Enforcing agency | Virginia Department of Labor and Industry (DOLI), Labor and Employment Law Division |
Virginia break scheduler
Pick a state and enter the shift. You'll get every break the law requires, the latest time each can start, a suggested schedule, and — if you enter the breaks actually taken — a compliance check with California premium pay.
Virginia · Adult (18+) · 8:00 AM–6:00 PM
On site 10 h · hours worked 10 h
No meal or rest break is required by Virginia law for this shift.
Federal law still applies: breaks of about 5–20 minutes you choose to give must be paid, and an unpaid meal must be a real duty-free break (ordinarily 30+ minutes). Different rules apply to minors — switch the employee type.
Scheduling aid, not legal advice. Industry wage orders, union contracts and employer-specific exemptions can change the rules — see the Virginia break law page for citations.
Virginia meal break law
No state meal-period requirement for employees 16 and older. Virginia DOLI: 'Does an employer have to provide employees breaks or a meal period? No, unless the employee is under the age of 16.' Federal 29 CFR 785.19 applies.
Source: official guidance
Virginia rest break law
No state rest-break requirement for adult private-sector employees. Federal rule: short breaks (about 5-20 minutes), if given, must be paid (29 CFR 785.18).
Breaks for minors in Virginia
'No child shall be employed or permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.' Virginia DOLI applies the break requirement to employees under 16.
Source: Va. Code §40.1-80.1(B) (1991, c. 511; amended 2025, cc. 699, 705)
Lactation breaks in Virginia
Under the Virginia Human Rights Act, employers with 5 or more employees (each working day in 20+ calendar weeks) must make reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions (which include lactation) unless they show undue hardship. 'Reasonable accommodation' expressly includes 'breaks to express breast milk' and 'access to a private location other than a bathroom for the expression of breast milk.' No specific minutes, pay rule, or time limit after birth.
Pay: Not specified.
Federal floor (PUMP Act): reasonable break time and a private space that isn't a bathroom for one year after birth, for nearly all employees; unpaid unless the employee isn't fully relieved of duty. Employers with fewer than 50 employees may be exempt only if compliance would cause undue hardship.
Source: Va. Code §2.2-3909 (2020, cc. 1138, 1139; 2021 Sp. Sess. I, c. 196)
Frequently asked questions
Are breaks required by law in Virginia?
No break law for employees 16 and older. Under 16: a 30-minute lunch after 5 continuous hours. Federal law requires no breaks, but short breaks that are given must be paid and unpaid meal periods must be duty-free.
How many breaks do you get for an 8-hour shift in Virginia?
None for adults — Virginia has no general meal or rest break law. Under federal law, any short break you give (5–20 minutes) must be paid.
Do minors get breaks in Virginia?
'No child shall be employed or permitted to work for more than five hours continuously without an interval of at least 30 minutes for a lunch period, and no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.' Virginia DOLI applies the break requirement to employees under 16.
Are lactation breaks required in Virginia?
Under the Virginia Human Rights Act, employers with 5 or more employees (each working day in 20+ calendar weeks) must make reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions (which include lactation) unless they show undue hardship. 'Reasonable accommodation' expressly includes 'breaks to express breast milk' and 'access to a private location other than a bathroom for the expression of breast milk.' No specific minutes, pay rule, or time limit after birth. The federal PUMP Act also applies: reasonable break time and a private, non-bathroom space for one year after birth.
Official Virginia sources
Figures checked against these sources on 2026-10-07- Minors — Va. Code §40.1-80.1(B) (1991, c. 511; amended 2025, cc. 699, 705)
- Lactation — Va. Code §2.2-3909 (2020, cc. 1138, 1139; 2021 Sp. Sess. I, c. 196)
- Virginia Department of Labor and Industry (DOLI), Labor and Employment Law Division
- U.S. DOL — Breaks and meal periods (FLSA)
- 29 U.S.C. 218d — PUMP Act
Compare
Also “Minors only”: Alabama, Alaska, Florida, Hawaii, Iowa, Louisiana, Michigan, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Utah, Wisconsin
← Vermont · All states table · Washington → · Virginia overtime
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Helpful guides
General information, not legal advice. Industry rules, union contracts and agency exemptions can change these requirements. Confirm with Virginia Department of Labor and Industry (DOLI), Labor and Employment Law Division.