Virginia
Below you will find any recent or upcoming changes to the family and medical leave and/or leave income replacement benefit law(s) within this state.
Last Updated: 05/05/26
Virginia Family and Medical Leave Programs
What is the Update?
Virginia Paid Family and Medical Leave (VA PFML)
Virginia has become the latest state and first in the southern part of the country to pass legislation that establishes a Paid Family and Medical Leave program, which will become live by December 1, 2028. The General Assembly passed SB 2 and HB 1207 respectively, and accepted recommended amendments made by Governor Spanberger. Here are the details:
- Contributions begin April 1, 2028 with benefits available as of December 1, 2028. Employers and employees will share the cost of premiums. Employers with more than 10 Virginia employees may deduct 50% of the contribution rate from employees. Employers with 10 or fewer Virginia employees are exempt from the employer contribution. At this time, the total contribution cost is yet to be determined.
- Employees will need to meet the minimum monetary eligibility criteria to be eligible.
- Employees may file claims for the following reasons:
- Parental leave
- Family care
- Medical leave
- Caring for covered service member
- Qualifying exigency leave, and
- Safe leave (domestic violence, sexual assault, or stalking)
- The benefit duration is up to 12 weeks in the benefit year.
- A covered individual’s weekly benefit amount will be 80% of their average weekly wages during the base period (the first four of the last five completed calendar quarters immediately preceding the start of their benefit year).
- The minimum benefit is $100.
- The maximum benefit is capped at 100% of the state average weekly wage.
- Employees receiving PFML benefits will be entitled to restoration to the position they held when their leave began or to an equivalent position.
- Employers will have the option to establish a private plan.
The Virginia Employment Commission has released some FAQs that may be helpful. Since the program has just passed, more developments may come as they continue to finetune the program. We will keep you updated accordingly.
Handbook/Policy Updates
VA PFML does not currently state any requirements for updating employer handbooks. However, you may wish to add information in your handbooks about this law as the live date of the program draws nearer. It is generally our recommendation to include any leave benefit information in your handbooks, where you have an employee population in a particular state.
Notice Requirements
Employers will be required to display and maintain a poster in the workplace in a conspicuous location where employees can readily access it. Furthermore, employers will be required to provide a notice for VA PFML to employees upon hiring, annually thereafter, and upon an employee’s request for leave that may meet eligibility under VA PFML. The notice is not released by VA at this time. We will provide this to our clients, once published.
Larkin Action
The Larkin Company will consider any law changes carefully, and update our internal resources and processes, as well as our employee leave information packets, if necessary. We will continue to monitor any updates regarding the law and will keep our clients updated.
Further Company Considerations
N/A
Resources
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Disclaimer
The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.