Virginia

Virginia’s Paid Family and Medical Leave (PFML) program will begin paying benefits Dec. 1, 2028. Employers can opt-out of the state program in favor of a private plan that is equal or better than the state program.

Program overview

Most employers and governmental entities that employ at least one employee working in the state of Virginia.   

Eligible employees include nearly all private-sector and local government workers, regardless of company size, who meet specific wage thresholds.

Employees must have earned enough wages in at least two quarters to meet the minimum earnings required under Virginia’s Unemployment Benefits Table. 

Medical leave

  • Employee’s own serious health condition

Family leave

  • Bond with a new child after birth, adoption or foster care placement

  • Care for a family member with a serious health condition

  • Military exigency related to a family member’s active military duty or call to duty

Safe leave

  • Needs related to domestic violence, stalking or sexual assault

Up to a combined maximum of 12 weeks in a claim year.

Safe leave is available for a maximum of four weeks in a claim year.

The weekly benefit amount provides eligible workers with 80% of their average weekly wages. The maximum benefits amount will be capped at 100% of the state’s average weekly wage.

There is no waiting period under Virginia PFML so benefit payments begin as of the start date of leave.

Leave can be taken continuously, intermittently, or on a reduced schedule.

Leave under Virginia PFML is considered job-protected leave once an employee has worked 120 days for their employer.

State rate

State premium rate available soon.

Contributions

The state rate can be split 50/50 between the employer and the employee. The employer may elect to pay the employee portion of the contribution rate.

Small employers with fewer than 10 employees aren’t responsible to pay their portion of the contribution rate under the state program.

At no time can the employee contribute more than 50% of the state rate.

Under Virginia PFML, employees may take family leave to care for a family member with a serious health condition. Covered relationships include:

  • Spouse or domestic partner

  • Child (biological, adopted, foster, stepchild)

  • Parent (biological, adopted, foster, stepparent, parent-in-law)

  • Sibling

  • Grandparent or spouse’s grandparent

  • Grandchild

  • Chosen family (individuals with a close, equivalent relationship, often including those in the household)

Private plans

Employers may opt out of the state program in favor of a private plan.

A private plan must:

  • Provide equal to or better benefits than those under the state plan

  • Cover all employees employed by the employer

  • Guarantee employee contributions aren’t greater than what the employee would pay under the state plan

  • Include no additional requirements or conditions than the state plan

Additional rules and regulations are forthcoming.  

Information regarding opt out will be released soon.

Information regarding fees will be released soon.

Information regarding approval will be released soon.

Information regarding application will be released soon.

Wage and hour reporting

Information regarding reporting will be released soon.

A copy of notices will be made available soon.

To learn more about Virginia’s paid leave program, visit the Virginia Paid Leave website.