On April 22, 2026, the state of Virginia enacted a new Paid Family and Medical Leave (PFML) insurance program, which will be administered by the Virginia Employment Commission (VEC). The new program will apply to all private and public sector employers in Virginia, with payroll contributions beginning April 1, 2028, and benefits beginning December 1, 2028.
Employers with at least 11 employees must remit both employer and employee payroll contributions, while employers with 10 or fewer employees will only be required to remit the employee portion. Employers may also seek approval for a private PFML plan if it meets the cost and benefit requirements of the state-run program.
Both full-time and part-time employees may receive up to 12 weeks of paid leave, with wage replacement up to 80% of the employee’s average weekly wage. Under the new program, employees may use the leave to:
- Care for a seriously ill family member.
- Care for employees’ own serious health condition.
- Care for a new child following birth, adoption, or placement of the child through foster care.
- Care for employee or family members who are victims of sexual assault, stalking, harassment, or domestic violence.
- Participate in a qualifying event because of a family member’s military deployment to a foreign country.
A qualifying family member can include a child, stepchild, parent, parent-in-law, grandparent, grandchild, sibling, spouse, registered domestic partner, or an individual who regularly resides in the employee's home or whose relationship creates an expectation that the employee will care for the individual. All PFML leave will run concurrently with the federal Family and Medical Leave Act and will include job restoration and benefit continuation rights for individuals who worked for at least 120 days prior to the commencement of leave. Employers will also be required to provide written notice of this program to employees upon hire and annually thereafter. The VEC has been directed to promulgate additional rules and regulations regarding the program by April 1, 2028.
Employer Takeaway
Employers with at least one employee working in Virginia should begin reviewing their existing leave policies to ensure they will align with the new state requirements and continue to monitor forthcoming regulatory guidance from the VEC. A copy of the final PFML bill can be accessed here.