Virginia Paid Family and Medical Leave

The Virginia legislature passed HB 1207/SB 2, which establishes a paid family and medical leave program. Under the program, covered individuals will be eligible for up to 12 weeks of paid family and medical leave in any application year, receiving 80 percent of the employee's average weekly wage, not to exceed 100 percent of the state average weekly wage.

Key dates:

• Contributions scheduled to begin April 1, 2028
• Benefits scheduled to begin Dec. 1, 2028

Covered Leaves and Durations

1 The maximum leave duration is for a benefit year, which is the 52 calendar weeks beginning on the start date of leave.

Weekly Benefit Amount

Benefit Calculation:

• 80% of covered individual's average weekly wages during the base period, or
• 80% of covered individual's average weekly wages during the quarters in which such covered individual worked if less than five quarters

Maximum Weekly Benefit: 100% of the Virginia state average weekly wage, or SAWW

Minimum Weekly Benefit: The lesser of $100 or the employee's average weekly wage

State Average Weekly Wage in 2026: $1,507.01

Benefit Waiting Period

Virginia has no benefit waiting period.

Intermittent Leave

Continuous, intermittent and reduced schedule leave permitted. Should be scheduled so as not to disrupt business operations.

Covered Employers

An employer is covered if they either paid at least $1,500 in wages during a calendar quarter or had at least one employee in 20 different weeks during the current or prior year. The Commonwealth of Virginia is not a covered employer under the law.

Covered Employees

An eligible employee has earned $3,000 in total wages during the two highest-earning quarters within the base period. The Base Period is the first four of the last five completed calendar quarters before the claim effective date. The Alternate Base Period is the last four completed calendar quarters. Individuals who are self-employed can opt in.

Family Members Defined

• Child
• Grandchild, grandparent
• Parent
• Sibling
• Spouse or domestic partner of an employee

This includes step, foster or adopted relationships, and includes any individual who regularly resides in the employee's home or where the relationship creates an expectation that the employee care for such individual and who depends on the employee for care. Does not include an individual who simply resides in the home with no expectation that the employee care for the individual.

Are Private Plans Allowed?

Both fully insured and self-funded private plans will be permitted. The private plan must provide benefits and protections equal to or better than the state plan. Use of a self-funded private plan requires proof of solvency. Renewal every two years.

Funding

PFML is funded through a small payroll contribution paid by covered employers and employees. The Virginia Employment Commission will set the contribution rate each year.

Who Pays?

The contribution is typically split 50/50 by covered employers and employees. However, employers may choose to pay a larger share. Self-employed individuals who opt in pay the full amount. Small businesses are exempt from paying employer contributions.

For the state plan, the contribution rate will be determined by Oct. 1, 2027. Contributions will be a percentage of subject wages up to the Social Security taxable wage base. Contributions may be fully employer-paid or shared between employer and employee. An employer may deduct up to 50% of the required contribution from employee payroll. Employee contributions may not reduce wages below minimum wage. Employers with 10 or fewer total employees are exempt from the employer portion of the contributions under the state plan.

The Social Security taxable wage base is $184,500 (adjusted annually).

Annual Updates

Contribution rates will be determined by Oct. 1, 2027 and will be updated annually thereafter, effective each year on Jan. 1. The SAWW and maximum benefit will be adjusted annually by Sept. 30, effective the following Jan. 1.

Coordination of Benefits/Leave

Virginia PFML runs concurrently with federal FMLA. Employers are permitted to require employees to take any qualifying short-term disability benefits concurrently with PFML leave.

Employer Requirements

Information about employer reporting, employer reimbursement and taxation will be posted as it becomes available.

Employer Notices

Employers must post the Commission's poster in English, Spanish and any language that is the first language spoken by at least 5% of the employer's workforce, and provide written PFML rights notices at hire, annually, upon leave request and when they become aware an employee may need leave.

Job Protection Requirements

If employed 120 days prior to start of leave, an employee is entitled to restoration to the same or equivalent job and terms/conditions of employment.

Continuation of Health Insurance Coverage

During leave, employers must maintain health care benefits as if the employee had continued working, and the employee must continue paying the employee’s share of premiums.