On April 22, 2026, the Virginia General Assembly passed, and Governor Spanberger signed (following the acceptance of gubernatorial amendments), SB 2/HB 1207, creating a statewide Paid Family and Medical Leave (“PFML”) program.
Key Provisions
- Protected Leave: Employers must provide eligible employees with job-protected leave to bond with a new child, or care for themselves or a covered family member;
- Wage Replacement: Employees must receive a percentage of weekly wages (approximately 80%), capped at 100% of the statewide average weekly wage for up to 12 weeks; and
- Funding: The program is funded through both employer and employee contributions, with employers permitted to deduct up to 50% of the contribution from the employees’ wages. The contribution amount is based on the employee’s wages up to the Social Security wage cap and is adjusted annually.
The Virginia Employment Commission (“VEC”) will administer the PFML program.
Employer Compliance Options
To comply with the PFML, the employer may either:
- Participate in the state plan run by the Commissioner or
- Offer a private plan in the form of self-insurance or through a third party provider.
Employers may provide benefits through a private plan if it meets or exceeds Virginia PFML requirements, subject to VEC approval.
Notice Requirements
Employers must give their employees written notice about the PFML program when they are hired and again annually. The notice must explain PFML‑provided rights, benefits, requirements, job protections, remedies, and anti‑discrimination protections.
Employers must also post and maintain a notice provided by the Commissioner.
Important Dates
Payroll contributions will begin on April 1, 2028, and will be deposited into Virginia’s Family and Medical Leave Insurance Trust Fund. PFML benefits for eligible employees will begin on December 1, 2028.
You can find additional information on the VEC Virginia Paid Family & Medical Leave FAQ page.
