Virginia Paid Family Leave: What Workers Need to Know About the New Law
Virginia is about to become the first Southern state to guarantee paid family and medical leave. In February 2026, the General Assembly passed SB2 and HB1207, creating a statewide insurance program that will give roughly 3.2 million workers access to 12 weeks of paid leave per year. Governor Abigail Spanberger, who campaigned on paid leave, has committed to signing the bill into law. If you work in Virginia, here is everything you need to know.
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What Virginia's Paid Leave Program Covers
Virginia's paid family and medical leave program covers six qualifying reasons for leave. Unlike federal FMLA, which only protects your job while you take unpaid time off, this program actually pays you while you are away from work.
Under SB2/HB1207, you can take paid leave for:
- Your own serious health condition: surgery recovery, chronic illness treatment, cancer treatment, mental health conditions, pregnancy-related medical needs, or any condition that prevents you from doing your job
- Caring for a family member with a serious health condition: this covers a spouse, child, parent, sibling, grandparent, grandchild, or any individual whose relationship to you is equivalent to a family relationship
- Bonding with a new child: whether through birth, adoption, or foster care placement, within 12 months of the child's arrival
- Safety leave: if you or a family member is a survivor of domestic violence, sexual assault, or stalking, you can take leave to address safety needs, attend court proceedings, access medical care, or get help from support services
- Military caregiver leave: to care for a family member who is a current member of the Armed Forces and has a serious injury or illness incurred in the line of duty
- Qualifying exigency: to address issues arising from a family member's active military deployment or impending call to active duty
The safety leave provision stands out. Not every state paid leave program includes it. If you are dealing with domestic violence or sexual assault, you often need time to relocate, attend protective order hearings, or get medical treatment. This law recognizes that reality and provides paid time to address it.
Who Qualifies for Virginia Paid Family Leave
The program covers most workers in Virginia. Eligibility is tied to your work history and wage contributions, not to the size of your employer. Here are the key requirements:
Wage contributions
You must have paid into the program through payroll contributions. Your employer withholds your share from each paycheck starting April 1, 2028. You need a qualifying period of contributions before you can file a claim.
Employer coverage
All employers in Virginia are covered by the program. There is no minimum size threshold. Whether you work for a 3-person company or a Fortune 500 corporation, you are part of the system. This is a major difference from federal FMLA, which only applies to employers with 50 or more employees.
Self-employed opt-in
If you are self-employed, a freelancer, or an independent contractor, you are not automatically covered. But you can opt into the program voluntarily and pay contributions to become eligible for benefits. This gives gig workers and small business owners access to the same safety net.
If you are unsure whether you qualify, our free rights check tool can help you assess your eligibility for both Virginia's state program and federal protections like FMLA and ADA. No data is stored.
How Much You'll Receive
Virginia's benefit formula is straightforward: you receive 80% of your average weekly wage, up to a maximum of approximately $1,507 per week (100% of the statewide average weekly wage).
This is a flat 80% replacement rate. Unlike some other states that use tiered formulas with different percentages for different income bands, Virginia keeps it simple. If you earn less, you get 80% of what you earn. If you earn more, you still get 80%, up to the cap.
At 80%, your weekly benefit would be $640 per week. Over a 12-week leave, you would receive $7,680 in total benefits. That is enough to cover essential bills for most workers at this income level.
At 80%, your calculated benefit would be $1,200 per week. Since that is below the approximately $1,507 cap, you receive the full $1,200 per week. Over a 12-week leave, that totals $14,400.
At 80%, the calculated benefit would be $2,000 per week. But the weekly cap is approximately $1,507, so you receive $1,507 per week (the maximum). Over 12 weeks, that totals approximately $18,084.
The Virginia Employment Commission (VEC) will set the exact maximum benefit amount based on the statewide average weekly wage at the time the program launches. The $1,507 figure is the current estimate.
Key Dates and Timeline
Virginia's paid leave program has a phased rollout. Here are the dates that matter:
Both chambers of the Virginia General Assembly voted to pass the paid family and medical leave bill in mid-February 2026. This is the third time the legislature has passed paid leave legislation, but the first time it will reach a governor who supports it. Governor Spanberger has committed to signing it.
Employers and employees start paying into the program. You will see a new deduction on your paycheck. The estimated rate is 0.72% of wages, split between you and your employer. For a worker earning $50,000 per year, that is roughly $3.46 per week from your paycheck.
Eight months after contributions begin, eligible workers can start filing claims and receiving benefit payments. The Virginia Employment Commission will administer the program and process claims.
What It Will Cost You: Contributions and Employer Obligations
The program is funded through payroll contributions. The Virginia Employment Commission will set the exact rate based on actuarial analysis, but the estimated contribution rate is 0.72% of wages.
| Employer Size | Total Rate | Employer Pays | Employee Pays |
|---|---|---|---|
| More than 10 employees | 0.72% of wages | 0.36% | 0.36% |
| 10 or fewer employees | 0.72% of wages | 0% (exempt) | 0.72% |
For a worker earning $50,000 per year at a company with more than 10 employees, that works out to about $180 per year in employee contributions ($3.46 per week). Your employer pays a matching $180. The total cost to fund your leave insurance is $360 per year.
At a smaller employer (10 or fewer), you pay the full 0.72% yourself, which comes to about $360 per year on a $50,000 salary. Your employer is exempt from the employer share but still must remit your portion to the state.
For calendar years 2028 and 2029, the VEC will set the premium rate based on sound actuarial principles. Starting in 2030, the VEC will use a methodology that considers the fund balance and ensures the projected balance does not fall below 40% of total program spending. The rate may adjust over time based on how much the fund pays out.
Job Protection: Your Employer Cannot Punish You for Taking Leave
A paid leave program means little if you lose your job for using it. Virginia's law addresses this with three layers of protection:
Reinstatement rights. When your leave ends, your employer must restore you to the same position you held before your leave, or to an equivalent position with the same pay, benefits, and working conditions. They cannot use your leave as a reason to restructure your role, cut your hours, or reassign you to a lesser position.
Anti-retaliation protections. Your employer cannot fire you, discipline you, demote you, reduce your hours, or take any other adverse action against you for requesting leave, filing a claim, or actually taking leave. These protections apply from the moment you exercise any right under the law.
Anti-interference protections. Your employer also cannot interfere with your right to use the program. That means they cannot discourage you from applying, refuse to provide required notices, or create conditions that make it practically impossible for you to take leave.
If you think your employer has retaliated against you for taking any type of leave, our guide on what to do if you are fired while on leave walks through the steps to protect yourself and build a record.
Can You Take Virginia Paid Leave Intermittently?
Yes. Virginia's law allows you to take paid leave on an intermittent or reduced schedule rather than all at once. You do not have to take all 12 weeks in a single block.
Intermittent leave must be taken in increments of at least 8 hours (one full workday). So if you need time off for chemotherapy every other Tuesday, or weekly therapy appointments, you can structure your leave around those needs as long as each absence is at least 8 hours.
This is especially useful for:
- Ongoing medical treatments (chemotherapy, dialysis, physical therapy)
- Chronic conditions that flare up periodically (autoimmune disorders, migraines, mental health episodes)
- Gradually transitioning back after surgery or a major health event
- Attending court hearings or counseling related to domestic violence
If you need intermittent FMLA leave for conditions like migraines or chronic pain, our guide on intermittent FMLA for migraines and chronic pain explains how to request and protect that leave under federal law, which works alongside Virginia's program.
Private Plan Exemption: Can Your Employer Opt Out?
Employers can apply to the Virginia Employment Commission for approval to meet their obligations through a private plan instead of the state program. This is sometimes called a "private plan exemption" or "voluntary plan."
For a private plan to be approved, it must provide benefits that are at least as generous as what the state program offers. That means:
- At least 12 weeks of leave per year
- At least 80% wage replacement (or equivalent)
- Coverage for all the same qualifying reasons
- Job protection and anti-retaliation provisions
If your employer uses a private plan, your experience may differ slightly in how you file claims, but your rights and benefit levels should be the same or better. If your employer's plan offers less than the state minimum, you can file a complaint with the VEC.
Virginia's Separate Paid Sick Leave Law (HB5/SB199)
In the same session, the Virginia General Assembly also passed a separate paid sick leave law: HB5 and SB199. This is a different program from paid family and medical leave, and it covers different situations. Here is how they compare:
| Paid Family/Medical Leave (SB2) | Paid Sick Leave (HB5) | |
|---|---|---|
| Duration | Up to 12 weeks/year | Up to 40 hours/year (5 days) |
| How it works | State insurance fund (payroll tax) | Employer-paid (no payroll tax) |
| Accrual | N/A (insurance benefit) | 1 hour per 30 hours worked |
| Purpose | Serious health conditions, bonding, caregiving, safety leave | Short-term illness, medical appointments, safety needs |
| When it starts | Benefits: December 1, 2028 | Expected July 2027 |
Think of it this way: paid sick leave covers the flu, a dental appointment, or a day when your kid has a fever. Paid family and medical leave covers surgery recovery, cancer treatment, caring for a parent with dementia, or bonding with a new baby. The two programs complement each other.
Under HB5/SB199, you accrue 1 hour of paid sick time for every 30 hours you work, up to a cap of 40 hours per year. Your employer pays for this directly. There is no payroll tax or state fund involved. The paid sick leave law is expected to take effect in July 2027, more than a year before paid family and medical leave benefits begin.
How Virginia's Program Compares to Federal FMLA
If you already know about the federal Family and Medical Leave Act, you might be wondering how Virginia's program stacks up. The short answer: Virginia's program fills every major gap in FMLA.
| Virginia PFML | Federal FMLA | |
|---|---|---|
| Paid? | Yes, 80% of wages (up to ~$1,507/week) | No (unpaid) |
| Employer size | All employers | 50+ employees within 75 miles |
| Duration | 12 weeks per year | 12 weeks per 12-month period |
| Safety leave | Yes (DV, sexual assault, stalking) | No |
| Private right of action | Yes | Yes |
| Eligibility threshold | Contribution history | 12 months and 1,250 hours with same employer |
These programs can work together. If you qualify for both, your Virginia paid leave and federal FMLA leave can run at the same time. You receive the wage replacement from the state program while also getting the job protection that FMLA provides.
For workers at smaller employers who do not meet the federal FMLA threshold (50+ employees), Virginia's program fills a critical gap. Before this law, those workers had no legal right to any leave at all. To learn more about how federal FMLA works, see our FMLA guide.
What to Do in the Meantime (Before December 2028)
Virginia's paid leave benefits do not start until December 2028. That is more than two years away. If you need leave before then, here are the protections already available to you:
Federal FMLA
If your employer has 50 or more employees within 75 miles and you have worked there for at least 12 months and 1,250 hours, you are eligible for 12 weeks of unpaid, job-protected leave per year. It is unpaid, but your job is protected. Learn more in our FMLA guide.
Short-term disability insurance
If you or your employer have short-term disability (STD) coverage, it may replace a portion of your wages during medical leave. Check your employee benefits handbook or contact HR. Our short-term disability vs. FMLA guide explains how these two protections work together.
ADA accommodations
If you have a disability or serious health condition, the Americans with Disabilities Act may require your employer to provide reasonable accommodations, including leave as an accommodation. This applies to employers with 15 or more employees. See our ADA guide for details.
Pregnant Workers Fairness Act
If you are pregnant, recovering from childbirth, or have a related medical condition, the PWFA requires employers with 15 or more employees to provide reasonable accommodations. Our PWFA guide explains what to ask for and how.
Employer-provided benefits
Some Virginia employers already offer paid parental leave, personal leave, or PTO banks. Review your employee handbook or ask HR what policies your employer has in place while you wait for the state program to launch.
Not sure which protections apply to your situation? Our free rights check tool evaluates your specific circumstances and tells you what federal and state protections you can use right now.
Frequently Asked Questions About Virginia Paid Family Leave
Payroll contributions begin on April 1, 2028. Benefit payments start on December 1, 2028. The program was created by SB2 and HB1207, passed by the Virginia General Assembly in February 2026. The Virginia Employment Commission will administer the program.
You will receive 80% of your average weekly wage, up to a cap of approximately $1,507 per week (100% of the statewide average weekly wage). The VEC will set the exact maximum based on the most current wage data at the time of launch.
The estimated contribution rate is 0.72% of wages, split 50/50 between employer and employee. For a worker earning $50,000 per year, that means roughly $180 per year in employee contributions ($3.46 per week). Employers with 10 or fewer employees are exempt from the employer share, so the employee pays the full 0.72%.
No. The law includes anti-retaliation protections and job reinstatement rights. When your leave ends, your employer must restore you to the same or an equivalent position with the same pay, benefits, and working conditions. If your employer retaliates against you for requesting or taking leave, you have a private right of action, meaning you can sue in court.
Yes. Virginia is the first state in the South to pass a paid family and medical leave law. It is the 15th U.S. jurisdiction to do so (14 states plus Washington, D.C.). Virginia joins Maryland and D.C. in making paid leave available throughout the Washington metropolitan area.
Yes. Virginia's law allows intermittent leave in increments of 8 hours. This means you can take leave in one-day blocks rather than all at once. This is useful for ongoing treatments, chronic conditions, or recurring appointments.
Virginia passed two separate laws in 2026. Paid family and medical leave (SB2/HB1207) provides up to 12 weeks per year at 80% pay for serious health conditions, family caregiving, bonding with a new child, and safety needs. Paid sick leave (HB5/SB199) provides up to 40 hours per year of employer-paid sick time for short-term illness, medical appointments, and safety needs, accrued at 1 hour per 30 hours worked. Paid sick leave takes effect in July 2027. Paid family leave benefits start in December 2028.
Know Your Leave Rights
Virginia's new paid leave program is just one of the protections you may have. Our free rights check evaluates your full situation, including federal FMLA, ADA, and PWFA protections, in a few minutes. No data is stored.
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