Virginia Enacts Paid Family and Medical Leave Program

Beginning April 1, 2028, employers and employees will make payroll contributions to fund the program, with benefit payments commencing on December 1, 2028. This alert outlines the program’s key features and what employers should do to prepare.

Overview

Virginia now joins more than a dozen jurisdictions — including Maryland, the District of Columbia, California, New York, Washington, Connecticut, Oregon, and Colorado — that mandate some form of PFML. Notably, the District of Columbia’s Universal Paid Leave program has been operational since 2020, and Maryland’s Family and Medical Leave Insurance (FAMLI) program is on a similar implementation trajectory as Virginia. Maryland will begin collecting employer contributions on January 1, 2027, and paying benefits in January 2028. Virginia employers, particularly those operating across the DC metropolitan area, should expect overlapping compliance obligations under multiple paid leave regimes. 

The Virginia Employment Commission (VEC) will administer the new program for Virginia, which provides partial wage replacement for absences related to a new child, a personal or family member’s serious health condition, military-related needs, or safety-related concerns.

Key Program Details

Employer Obligations by Size

Contribution obligations vary by employer headcount. Employers with 11 or more employees must pay both the employer and employee shares of the payroll contribution, though they may withhold up to half of the total from employee wages. Smaller employers — those with 10 or fewer employees — are responsible only for remitting the employee share and owe no employer contribution.

Covered Leave Events

Eligible employees may use paid time off under the program for life events such as:

• Caring for a new child (birth, adoption, or foster care).

• Recovering from a serious health condition.

• Caring for a family member with a serious health condition. 

• Caring for a covered service member who is the employee’s next of kin or family member.

• Qualifying exigencies arising out of a family member’s active duty. 

• Seeking safety-related services or leave for the employee or family member such as obtaining legal help or counseling.

Benefits

The program provides up to 12 weeks of leave per benefit period, with wage replacement capped at 80% of the employee’s average weekly wage, subject to a maximum cap of 100% of the statewide average weekly wage, which is currently $1,507.01 for 2026. Leave for safety services (e.g., domestic violence) is capped at four weeks of wages in a benefit year. Employees must make reasonable efforts to schedule leave in a manner that minimizes disruption to operations. Employees can take continuous or intermittent leave. 

Private Plan Alternative

Employers that maintain their own paid leave programs may satisfy their obligations under the statute by requesting approval of their private plan from the VEC in lieu of participating in the state-run program, provided the private plan offers benefits at least as generous as those under the PFML.

Job Protection and Anti-Retaliation

Employees who take PFML leave are entitled to reinstatement to the same or a comparable position, along with the continuation of their benefits during leave. The statute also bars retaliation against employees who exercise their rights under the program or participate in related investigations.

Coordination with Federal Leave and Notice Obligations

Where an absence qualifies under both the PFML and the federal Family and Medical Leave Act (FMLA), the two leaves may run concurrently. The PFML also contains the same employer notice obligations as the federal FMLA. Written notice of program rights must be provided at hire, on an annual basis, and whenever an employee requests leave or the employer becomes aware of a potential need for leave. The required workplace notice must be in English, Spanish, and any language that is the first language spoken by at least 5% of the employer’s workforce. 

Next Steps for Employers

Benefits do not begin until December 2028, but the April 2028 contribution start date means preparation should begin well in advance. Employers should:

• Audit current leave policies and employment handbooks for consistency with the PFML’s requirements. 

• Decide whether to participate in the state program or pursue a private-plan exemption.

• Confirm that payroll systems can accommodate the new contribution withholdings.

• Train supervisors and HR staff on job protection and anti-retaliation rules.

• Ensure the statute’s written notice obligations are met at hire, annually, and upon learning of a need for covered leave.

• If applicable, reconcile leave programs across all jurisdictions in which they operate.

Virginia’s PFML program is part of a broader national trend toward mandatory paid leave. Here is a Virginia Paid Family & Medical Leave FAQ provided by VEC. Employers should monitor forthcoming VEC guidance and regulations for additional details.