Virginia has enacted a paid family leave program, which will provide eligible employees with up to 12 weeks of paid leave. The program, administered by the Virginia Employment Commission, will offer wage replacement of up to 80% of the employee’s average weekly wage, subject to a statutory cap.
Employers with at least 11 employees must remit both the employer and employee portions of the contributions, while those with up to 10 employees are exempt from the employer contribution.
Related: Introduction to Law: Understanding its Foundation
The program is funded through employer and employee payroll contributions, which will begin on April 1, 2028. It will start receiving claims and paying benefits to covered individuals on December 1, 2028.
Eligible employees can use the paid family and medical leave benefits for various purposes, including caring for a newborn or adopted child, or attending to a family member’s serious health condition. Employers are required to provide written notice to each employee upon hire and annually thereafter, as well as when the employee requests leave or they acquire knowledge of an employee’s intent to take leave.
Paid Family and Medical Leave Insurance Program Details
The Virginia General Assembly accepted Gov. Abigail Spanberger’s recommended amendments to the legislation creating the statewide paid family and medical leave insurance program on April 22, 2026. Under the program, employees are required to make reasonable efforts to avoid undue disruption to business operations. The paid family and medical leave benefits will run concurrently with federal Family and Medical Leave Act leave where applicable.
Related: Unveiling the Truth: 7 Surprising Facts About Law Firms
The law includes job restoration and benefit continuation rights, ensuring that employees can return to their jobs after taking leave without fear of losing their benefits.
Compliance Requirements for Employers
Employers must review their leave policies and update their payroll systems to ensure compliance with the new requirements. They must also assess their payroll readiness and monitor forthcoming agency guidance from the commission. Employers may seek approval to satisfy their obligations through a private plan, which may be suitable for organizations that already offer robust paid leave benefits.
Related: Top 10 Tips for Case Lawyers in 2026: Navigating the Future of Legal Practice
The commission is directed to promulgate all rules and regulations regarding this statute by April 1, 2028. Employers should take steps to ensure compliance with the new paid family and medical leave program to avoid any potential penalties or fines.
- Review and update leave policies
- Assess payroll readiness
- Monitor forthcoming agency guidance
By taking these steps, employers can ensure a smooth transition to the new paid family and medical leave program and provide their employees with the benefits they are entitled to.
