Takeaways
- Virginia is expanding employer obligations through a paid family and medical leave insurance program, with contributions beginning in 2028.
- Employers should review leave policies, update payroll systems and prepare for new notice and compliance requirements.
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Virginia’s 2026 General Assembly was one of the busiest seasons for employers. On April 22, 2026, the General Assembly accepted Gov. Abigail Spanberger’s recommended amendments to legislation creating a statewide paid family and medical leave insurance program.
Paid Family and Medical Leave Insurance Program
Under SB 2/HB 1207 Virginia will be phasing in a new comprehensive paid family and medical leave insurance program (PFML), administered by the Virginia Employment Commission (VEC). Eligible employees may receive up to 12 weeks of paid leave, with wage replacement of up to 80% of the employee’s average weekly wage, subject to a statutory cap.
The program is funded through employer and employee payroll contributions. Employers with at least 11 employees must remit both the employer and employee portions of the contributions (up to 50% may be deducted from employee wages). Employers with up to 10 employees must remit only the employee portion and are exempt from the employer contribution. Employers may seek approval to satisfy their obligations through a private plan, which may suit organizations that already offer robust paid leave benefits.
Payroll contributions will begin April 1, 2028, and the VEC will begin receiving claims and paying benefits to covered individuals starting Dec. 1, 2028.
Uses of the paid family and medical leave benefits include:
- The birth, adoption, or foster placement of a child;
- The employee’s own serious health condition;
- To care for a covered family member with a serious health condition;
- To care for a covered service member who is the employee’s next of kin or family member;
- For qualifying exigencies arising out of a family member’s active duty; and
- To seek safety-related services for the employee or family member.
Employees are required to make reasonable efforts to avoid undue disruption to business operations. PFML leave will run concurrently with federal Family and Medical Leave Act leave where applicable. The Virginia PFML law includes job restoration and benefit continuation rights.
Employers must provide written notice to each employee upon hire and annually thereafter, as well as when the employee requests leave or the employer acquires knowledge of an employee’s intent to take leave.
The VEC is directed to promulgate all rules and regulations regarding this statute by April 1, 2028.
Takeaways for Employers
Virginia employers should review their leave policies, adopt their practices to these new requirements, assess payroll readiness, and monitor forthcoming agency guidance.
(Law Graduate Nina Bundy contributed to this article.)
