Virginia Paid Family and Medical Leave Law: What Employers Need to Know

On May 11, 2026, Governor Abigail Spanberger signed Virginia’s new Paid Family and Medical Leave Law that will affect employers across the Commonwealth. The law creates a state-administered insurance program that will provide eligible employees with partial wage replacement when they need leave for qualifying family, medical, parental, military, or safety-related reasons.

For employers, the new law is not simply a PTO issue or a payroll issue. It will affect leave administration, payroll deductions, employee notices, job restoration, health-benefit continuation, attendance policies, and manager training. It also will reach many small and mid-sized employers that are not covered by the federal Family and Medical Leave Act.

Does Virginia’s Paid Family and Medical Leave Law Apply to My Business?

For most Virginia employers, yes.

This is one of the most important differences between Virginia’s new law and the federal Family and Medical Leave Act. The FMLA generally applies only to private employers with 50 or more employees. While there are some very narrow exceptions, Virginia’s new paid family and medical leave law will apply to private employers regardless of size. For most businesses, the takeaway should be that if you have employees working in Virginia, the new law likely will affect your payroll practices, leave administration, and job-protection obligations.

When Does Virginia Paid Family and Medical Leave Start?

The law has a delayed rollout. The Virginia Employment Commission must establish the program by January 1, 2028. Payroll contributions begin on April 1, 2028. Claims and benefit payments begin on December 1, 2028.

Those dates give employers time to prepare, but they should not wait until 2028. Payroll vendors will need to configure deductions. Employers will need to update handbooks and leave policies. Human resources staff and supervisors will need training before employees begin requesting leave.

Who May Receive Benefits?

The law generally covers individuals who work in Virginia and meet the program’s eligibility rules, unless a specific exception applies. Employees will apply for benefits through the Virginia Employment Commission.

Employers should not assume the program applies only to full-time salaried employees. Hourly employees, part-time employees, newer employees, and employees who are not eligible for FMLA may still ask about paid family and medical leave.

What Reasons Qualify for Paid Family and Medical Leave?

Employees may receive benefits for several categories of leave:

1. To care for a new child during the first year after birth, adoption, or foster placement.
2. To care for a family member with a serious health condition.
3. For the employee’s own serious health condition, if the condition prevents the employee from performing the job.
4. To care for a covered service member who is the employee’s next of kin or family member.
5. For certain military-related needs when a family member is on active duty or has been called to active duty.
6. To seek safety services for the employee or a family member.

The last category may be unfamiliar to some employers. "Safety services" goes beyond medical care; it includes legal help, police assistance, and court dates for protective orders. It also covers counseling, victim services, relocation, and home security related to domestic violence, pervasive harassment, sexual assault, or stalking.

This means leave requests won't always look like traditional medical leave. Asking for time to go to court, see a counselor, or relocate for safety reasons may also be covered by the law.

How Much Leave and Pay Are Available?

The program provides up to 12 weeks of paid family and medical leave benefits in a benefit year. Leave for safety services is capped at four weeks in a benefit year.

The weekly benefit generally equals 80 percent of the employee’s average weekly wages, subject to minimum and maximum benefit limits. The benefit is wage replacement paid through the state program. It is not the same as employer-provided PTO, sick leave, vacation, salary continuation, or short-term disability.

Importantly, employers that already provide paid parental leave, PTO, or short-term disability should decide how those benefits will coordinate with the new state benefit.

How Will the Program Be Funded?

Virginia’s paid family and medical leave program will be funded through payroll contributions.

Employers with more than 10 employees will generally share the contribution obligation with employees. The employer will deduct the employee portion from wages and remit the full contribution to the state.  Employers with 10 or fewer employees will not be required to pay an additional employer share. They will withhold and remit the employee contribution only.

Even small employers will still have administrative obligations. They will need to handle payroll deductions, provide required notices, coordinate leave, address job restoration, and comply with anti-retaliation rules.

Does the Law Protect the Employee’s Job?

Yes, in many cases.

An employee who receives benefits and has worked for the current employer for at least 120 days before leave begins generally must be returned to the same job or an equivalent position when leave ends. An equivalent position must have equivalent pay, benefits, status, seniority, and other terms and conditions of employment.

The employer also must maintain health care benefits during leave as if the employee had continued working and remains responsible for the employee’s share of health-benefit costs.

This is one of the law’s most significant features. Employers that are too small for FMLA may still have job-restoration and benefits-continuation obligations under Virginia law.

How Does Virginia Paid Family and Medical Leave Work With FMLA, PTO, and Disability Benefits?

Leave that qualifies under both Virginia’s paid family and medical leave program and the federal FMLA must run at the same time. Employees should not receive 12 weeks of FMLA leave and then another 12 weeks of Virginia paid family and medical leave for the same qualifying event.

Employers may also coordinate Virginia benefits with employer-provided disability leave, family-care leave, PTO, parental leave, or similar benefits. If the employer requires that coordination, it must give written notice.

This will be a key policy issue. Employers should decide whether PTO may supplement the state benefit, whether short-term disability will run at the same time, whether paid parental leave will offset the state benefit, and how the employer will prevent overpayment or duplicative benefits. Clear written policies will reduce confusion once claims begin.

Can Employers Use a Private Plan?

Yes, but only with state approval.

An employer may apply to use a private plan instead of the state program. The private plan must provide benefits at least equal to the state program. It must cover the same reasons for leave, provide the same duration of benefits, offer at least the same wage replacement, allow intermittent leave, and preserve the same employee protections.

This option may interest larger employers that already provide paid parental leave, short-term disability, or private leave insurance. Small and mid-sized employers may find the state program easier to administer, at least at the outset.

What Notices Will Employers Need to Provide?

Employers will have written notice obligations. They must provide notice to employees when they are hired and annually thereafter. Employers also must provide notice when an employee requests leave or when the employer learns that an employee’s leave may qualify.

The notice must explain the employee’s right to benefits, the claims process, job-protection rights, benefits-continuation rights, anti-retaliation protections, and complaint rights. Employers also will need to post a notice provided by the Virginia Employment Commission.

Employers should expect the state to issue forms, posters, and additional guidance before the program begins.

What Are the Anti-Retaliation Rules?

Employers may not interfere with an employee’s rights or retaliate against an employee for requesting, applying for, or using benefits.

Employers also may not count protected paid family and medical leave as an absence that leads to discipline, discharge, demotion, suspension, or other adverse action. Attendance policies, point systems, call-out rules, performance reviews, and scheduling practices should be reviewed before the law takes effect.

Manager training will be especially important. Many leave problems begin when a supervisor treats protected leave as an attendance issue, asks improper questions, reduces hours, delays reinstatement, or criticizes an employee for being unavailable.

What Should Virginia Employers Do Now?

Virginia employers should begin with a focused policy review. The most important policies include FMLA, PTO, sick leave, parental leave, short-term disability, workers’ compensation, ADA accommodation, attendance, discipline, benefits continuation, and payroll deduction policies.

Employers should also speak with payroll vendors and benefits brokers. Payroll contributions begin in 2028, and employers that want to explore private-plan approval may need additional lead time.

Finally, employers should prepare supervisors and HR personnel to identify potential paid family and medical leave requests. Employees may not use the correct legal label. A request for time away from work because of childbirth, a serious health condition, family care, military deployment, or safety concerns may require follow-up under the new law.

Bottom Line

Virginia’s new Paid Family and Medical Leave Law will affect far more employers than the federal FMLA. It will apply broadly to Virginia employers, including many small and mid-sized businesses that have never administered protected family and medical leave.

The program will not begin paying benefits until December 1, 2028, but employers should prepare well before then. Early planning will help businesses coordinate the new law with existing PTO, disability, parental leave, FMLA, attendance, payroll, and benefits policies.

Jeff Wilson is a Pender & Coward labor and employment attorney, who has advised public and private employers for more than twenty years, helping them navigate the legal, operational, and reputational risks that arise in managing today’s workforce.