Virginia Passes Paid Family and Medical Leave: What Employers Need to Know

Virginia joins its regional neighbors in establishing a Paid Family and Medical Leave (PFML) program under HB 1207. The program provides up to 12 workweeks of job-protected leave for qualifying reasons and a partial wage replacement benefit during that leave. Here's a breakdown of what the program covers and what employers can expect.

How Virginia's PFML Program Will Be Funded

The program will be administered by the Virginia Employment Commission and financed through a payroll-funded insurance model, with contributions split between employers and employees. Employer contribution obligations vary by size:

• Employers with more than 10 employees may withhold up to 50% of the required contribution from employee wages, with the employer responsible for the remainder.
• Employers with 10 or fewer employees are only required to collect and remit 50% of the contribution rate applicable to larger employers, with no additional employer contribution owed.

Key dates: Contribution collection is set to begin on April 1, 2028, with benefits available beginning December 1, 2028.

Which Employees Qualify — And For What Reasons

Benefits are available to covered employees authorized to work in the United States who take leave for the following reasons:

• To care for a new child through birth, adoption, or foster care in the first year;
• Because of the employee's own serious health condition;
• To care for a family member with a serious health condition;
• For reasons related to a family member's military service; or
• To seek safety services for the employee or a family member.

Who counts as "family member"?

Under the law, "family member" means a child, grandchild, grandparent, parent, sibling, spouse, or domestic partner of an employee, including those with step, foster, or adopted relationships, and includes any individual who regularly resides in the employee's home where there is an expectation of caregiving and dependency on the employee for care. "Family member" does not include an individual who simply resides in the home with no expectation that the employee care for the individual.

What are "safety services"?

The law defines “safety services” to mean:

• Legal or law-enforcement assistance or remedies to ensure the health and safety of an individual, including preparing for and participating in protective order proceedings or other civil or criminal legal proceedings related to domestic violence, harassment, sexual assault, or stalking
• Medical treatment, recovery services, or mental health counseling for injuries caused by domestic violence, pervasive harassment, sexual assault, or stalking
• Services from a victim services provider
• Relocation and home security services to ensure the safety of an individual who has experienced domestic violence, pervasive harassment, sexual assault, or stalking

Depending on the qualifying reason for leave, the employee’s claim for PFML must be supported by appropriate certification, such as medical records, provider statements, or official documents verifying the qualifying event.

How Much Leave and Pay Can Employees Receive?

Employees may take up to 12 weeks of leave in a 52-week period. Exception: leave for safety services is capped at four weeks per benefit year. The weekly benefit equals 80% of the employee's average weekly wage, subject to a maximum cap of 100% of the statewide average weekly wage.

Additional details:

• Leave may be taken intermittently
• PFML runs concurrently with federal FMLA leave
• Employees employed for at least 120 days prior to leave are entitled to reinstatement to their position or equivalent upon return
• Employers must maintain healthcare benefits throughout any PFML leave period

Can Employers Use a Private Plan Instead of the State Program?

Yes. Employers that prefer not to participate in the state program may apply for a Commission-approved private insurance plan. To qualify, the private plan must:

• Provide benefits at least equivalent to the state program
• Not cost employees more than they would pay under the state plan

What Virginia Employers Should Do Now (Even Though 2028 Feels Far Away)

For most employers, Virginia's new PFML law does not require any immediate action. Contribution collection under the program is not expected to begin until April 1, 2028, with benefits available to employees starting December 1, 2028, meaning practical compliance obligations are still well over a year away.

It's also worth noting that the Virginia Employment Commission has yet to issue implementing regulations. Those regulations are expected to provide important additional detail on program administration, contribution rates, certification requirements, and private plan approval processes. These forthcoming regulations may supplement or modify how employers will be expected to comply with the PFML program requirements.

That said, employers who want to get ahead of the curve may find it worthwhile to:

• Start thinking about headcount thresholds. Contribution obligations differ based on whether an employer has more or fewer than 10 employees, so understanding where your organization falls is a natural first step.
• Take a high-level look at existing leave policies. While it's too early to make formal updates, reviewing current policies alongside the new program's requirements can inform longer-term planning.
• Loop in payroll stakeholders. Ensuring the right people are aware that a new payroll contribution structure is on the horizon can help minimize surprises down the road.
• Keep an eye on the Virginia Employment Commission. As rulemaking gets underway, regulatory guidance will be the key driver of what compliance ultimately looks like.