Virginia Paid Family and Medical Leave Act (SB2/HB1207)

Virginia Paid Family and Medical Leave (SB2/HB1207)

In February 2026, Virginia's General Assembly passed SB2 and HB1207, creating a statewide paid family and medical leave insurance program. Governor Abigail Spanberger committed to signing the bill, making Virginia the first Southern state and the 15th U.S. jurisdiction to guarantee paid family and medical leave.

What the Program Covers

Virginia's paid leave program covers six qualifying reasons:

• Your own serious health condition: surgery recovery, chronic illness, cancer treatment, mental health conditions, pregnancy-related medical needs, or any condition that prevents you from working
• Caring for a family member with a serious health condition, including a spouse, child, parent, sibling, grandparent, grandchild, or anyone whose relationship is equivalent to a family relationship
• Bonding with a new child after birth, adoption, or foster placement
• Domestic violence and sexual assault safety leave: time to relocate, attend court proceedings, obtain protective orders, or seek counseling
• Military caregiver leave for a covered service member's injury or illness
• Qualifying exigencies related to a family member's military deployment

Who Qualifies

All employers in Virginia are covered, regardless of size. Whether you work for a 3-person company or a Fortune 500 corporation, you are part of the program. This is a major departure from federal FMLA, which only applies to employers with 50+ employees.

To qualify for benefits, you must have worked at least 8 of the last 12 calendar quarters and earned at least $3,000 in the highest-earning quarter. Self-employed workers, freelancers, and independent contractors can opt in voluntarily.

Benefit Amount

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). Lower-wage workers will receive a higher proportion of their regular pay.

Duration

Up to 12 weeks of paid leave per year. Leave can be taken all at once or intermittently in increments of 8 hours (one-day blocks). This is particularly useful for ongoing treatments, recurring health conditions, or situations where periodic time off is needed.

Contributions and Costs

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 comes to roughly $180 per year ($3.46 per week) in employee contributions. Employers with 10 or fewer employees are exempt from the employer share.

Key Dates

• April 1, 2028: Payroll contributions begin
• December 1, 2028: Benefit payments start

The Virginia Employment Commission will administer the program.

Job Protection

The law includes anti-retaliation protections and job reinstatement rights. When your leave ends, your employer must restore you to the same or equivalent position with the same pay, benefits, and working conditions. If your employer retaliates for requesting or taking leave, you have a private right of action.

Private Plan Exemption

Employers may apply for exemption from the state program if they offer a private plan that meets or exceeds the state's benefits, including matching the 12-week duration, 80% wage replacement, and all six qualifying reasons for leave.

Paid Sick Leave (HB5/SB199)

Virginia also passed a separate paid sick leave law in 2026. Workers accrue 1 hour of paid sick leave for every 30 hours worked, up to 40 hours per year. This covers short-term illness, medical appointments, and safety needs. It is separate from the paid family and medical leave program.

Virginia Human Rights Act (VHRA)

Virginia's anti-discrimination protections were dramatically strengthened in 2020 with the Virginia Values Act. The updated VHRA covers employers with 5+ employees for discrimination claims and allows wrongful discharge claims against employers with just 1 employee. The VHRA prohibits discrimination based on disability, race, color, religion, national origin, sex, pregnancy, sexual orientation, gender identity, age, marital status, and veteran status.

Workers can file discrimination complaints with the Virginia Office of Civil Rights, the EEOC, or sue directly in state court within 2 years under the private right of action.

Paid Leave: Virginia's program provides up to 12 weeks of paid leave at 80% of your average weekly wage, capped at approximately $1,507 per week. This is a major upgrade from federal FMLA, which provides only unpaid leave.

Employer Coverage: All employers in Virginia are covered by the paid leave program, regardless of size. Federal FMLA only covers employers with 50+ employees.

Family Definition: Virginia's law defines family broadly to include spouse, child, parent, sibling, grandparent, grandchild, and anyone whose relationship is equivalent to a family relationship. This is wider than FMLA's definition.

Anti-Discrimination: The Virginia Human Rights Act covers employers with 5+ employees for discrimination claims and 1+ for wrongful discharge, far broader than the federal ADA threshold of 15 employees.