On April 22, 2026, Virginia enacted legislation tasking the Virginia Employment Commission (“VEC”) with creating a paid family and medical leave (PFML) program in Virginia. Benefits under the law are not set to begin until December 1, 2028, but contributions are set to begin April 1, 2028.
Covered Employers and Employees
Covered Employers
VA PFML requirements will apply to all private employers with at least one employee in VA. Contributions towards VA PFML differ by employer size as discussed below.
Covered Individuals
Almost all private employees in VA will be eligible to take leave under VA PFML. Employees must satisfy minimum earnings requirements to be a “covered individual” that can take leave under VA PFML.
Reasons for Leave and Duration of Leave
VA PFML can be used for the reasons below:
- Caring for a child after birth, adoption, or placement through foster care;
- Caring for a family member with a serious health condition;
- Employee’s own serious health condition;
- Caring for a family member who is a “covered service member;”
- Military exigency leave; and
- Safety services for an employee or their family member;
- Safety services: legal, medical, victim, and security services after domestic violence, pervasive harassment, sexual assault, or stalking.
Individuals can take up to 12 weeks of leave under VA PFML each year except for leave for safety services which is limited to 4 weeks per year. Leave can be used in continuous blocks of time or on an intermittent basis. Leave that qualifies under both VA PFML and Federal Family and Medical Leave Act (FMLA) leave will run concurrently.
Employers can use a private insurance plan to provide the required PFML benefits if they wish. Any private insurance plan needs to be approved by the VEC.
Benefit Amount
Benefits under VA PFML are set to begin on December 1, 2028. Individuals will receive 80% of their average weekly wages[1]. The minimum benefit is $100 per week with benefits being capped at 100% of the VA average weekly net earnings.
Premium Contributions
VA PFML is funded through a combination of employer and employee payroll taxes. Premium rates for 2028 have not been set yet but will be available October 1, 2027, at the latest. Premiums do not apply to an employee’s wages that exceed the Social Security contribution limit.
Employers with 11 or more employees must pay 50% of the required contribution themselves but can require employees to contribute the other 50%.
Employers with 10 or fewer employees must withhold and remit the employees’ contribution (50% of the overall rate) but are not required to make an additional employer contribution.
Employer Responsibilities
Prepare to Withhold Premiums. Ensure that you are prepared to withhold the required premiums starting in April 2028.
Assess a Private Plan. Determine whether a private plan is the right fit for you. Private plans must be approved by VEC so be prepared to apply for approval as the start of VA PFML nears.
Distribute the Required Notice and Poster. Employers will need to provide a notice upon hire and annually to employees about their rights under VA PFML. Employers must also provide this notice when employees request leave under VA PFML or when the employer learns an employee’s leave may meet the requirements under VA PFML.
Employers must also post a poster drafted by the Commission containing information about VA PFML.
Key Takeaway:
Employers with employees in Virginia would be well served to review the requirements of Virgina Paid Family and Medical Leave. While contributions and benefits under the program do not begin until 2028, employers would be well served to determine their compliance strategy in advance.
[1] Determined using base period (first 4 of the last 5 completed calendar quarter immediately before the start of leave) or average weekly wage in quarters worked if the individual has worked less than 5 quarters.
