The state known as the “Mother of Presidents” takes steps to support working parents with statutory paid family and medical leave.
On the year of our nation’s 250th birthday, Virginia becomes the first state in the South to introduce required paid family and medical leave.
Signed into law on April 22, 2026, the program will impact roughly 3.2 million private sector workers in Virginia, or 91% of the private workforce, according to a Fact Sheet from the National Partnership for Women & Families. It will offer partial wage replacement for most private workers, up to 100% of the state’s average weekly wage.
Passed by Virginia Governor Abigail D. Spanberger and the General Assembly, PFML in Virginia will be administered by the Virginia Employment Commission (VEC).
A History of Parental Support in Virginia
While the first of its kind in the southern region of the US, the program is an extension of Virginia’s existing voluntary maternity benefits and paid family leave.
In 2021, Virginia required all short-term disability policies issues on or after July 1 of that year to include paid maternity benefits for at least 12 weeks immediately following childbirth.
In April 2022, the state voted to allow Paid Family Leave as a voluntary insurance benefit, added to a private short-term disability policy or as a standalone policy.
Virginia PFML by the Numbers: What Insurance Brokers and Employers Need to Know
While more details will be revealed over time, including when payroll deductions will begin, here’s what we know right now.
Benefit Amounts for Virginia PFML
Workers can claim benefits for up to 12 weeks of leave in a benefit year beginning December 1, 2028.
- Benefits will total 80% of an employee’s income, with limits capped at 100% of the State’s Average Weekly Wage (currently $1,507.01 in 2026)
- Premium costs will be split 50/50 between employer and employee
- Employers may choose to pay a larger share
- Small businesses are exempt from employer contributions
Who Can Claim Paid Family Leave in Virginia?
Paid benefits start once an employee meets an earnings threshold from all employment in Virginia (currently around $3,000). Self-employed individuals in the state may opt in and pay the full amount of their insurance premiums.
Employees can take leave for:
- Their own serious health condition
- Caregiving duties for a family member with a medical condition
- Parental leave following the birth of a child, adoption or foster placement of a child
- Personal safety surrounding domestic violence, sexual assault or stalking
- Military deployment-related spousal absences
Job Protection: FMLA vs. PFML in Virginia
The law includes job protection if an employee has been at the same company for 120 days or more at the time of leave, which is a more generous policy than the Federal Family Medical Leave Act (FMLA) requirements for job protection.
Gearing Up for PFML in Virginia
The new legislation will mandate paid family and medical leave for most private employers. While the law is set to go into effect July 1, 2026, giving the state authority to begin building their program. Workers and employers are expected to begin compliance duties with payroll deductions starting in April 1, 2028. Employees can begin taking paid leave December 1, 2028.
Why the long runway?
“Building a statewide PFML program takes time—staffing, actuarial work to set contribution rates, financial controls for the PFML trust, and rulemaking (including public input) all happen before launch,” wrote The DBL Center’s Gina Rutledge in a LinkedIn post.
Beginning implementation in July 2026 gives the VEC time to ensure the staff, infrastructure, and educational materials are in place.
“In reality, 28 months isn’t a lot of time to create a new social insurance program comparable to workers compensation or unemployment insurance,” Rutledge said.
Over the course of the next two years, policy designers in Virginia will oversee regulation drafting and define the private plan opt-out process and the claim administration process.
Significantly, Rutledge said, the long runway also gives VEC leaders time to establish a community education and outreach program so that all businesses and workers become familiar with the new benefit program.
Helping our brokers with new PFML / PFL programs is not new to The DBL Center team. We blazed the trail in New York in 2017. Since then, we’ve expanded our expertise in state-mandated Paid Family and Medical Leave, supporting brokers and their clients in 11 states that have deployed new or significantly enhanced their existing paid leave programs.
We’re excited to help brokers ensure their clients in Virginia are in compliance with the law and set to roll out PFML when the time comes.
What Brokers Can Do to Get Ready for PFML in Virginia
As your white-label back-office staff, The DBL Center team is poised to help Virginia brokers and employers step into this new era of statutory benefits with VA PFML.
Reach out to your clients in Virginia now and let them know about this new mandatory benefit on the horizon. If Virginia follows the pattern of other states, private plans should be available from top-rated carriers, offering cost savings and personalized service.
The DBL Center can help your clients secure the best premium rates and ensure compliance with VEC standards. Employers can roll that cost savings into ancillary benefits to provide a comprehensive benefits package for all employees.
Timelines may change, so be sure you’re subscribed to The DBL Center newsletter and follow us on LinkedIn for the latest updates.
FAQs
Is there paternity leave – Virginia?
In 2026, the state of Virginia allows employers to offer voluntary paid family leave as a standalone policy or as a rider to voluntary short-term disability insurance. Beginning in 2028, most private companies in Virginia will be required to provide paid family and medical leave through an approved private policy or through the state. PFML in Virginia will apply to all parents and caregivers, allowing up to 12 weeks paid leave following the birth, adoption or foster placement of a child within the first year of the event.
What is the difference between FMLA and PFML in Virginia?
FMLA, the Family Medical Leave Act, is a federal law requiring US companies and organizations with 50 or more eligible employees to provide job protection during family or medical leave to any employee who has worked at least 1,250 months for the past 12 months at their current employer. PFML in Virginia is a paid benefit, effective in 2028. In addition to partial wage replacement, PFML provides job protection for employees on leave who have worked for the same employer for 120 days or more.
When does Virginia Paid Family Medical Leave begin?
In April 2026, Virginia became the first southern state to sign a statutory paid family and medical leave law. The law is effective July 1, 2026, but employees cannot file claims or collect benefits until December 1, 2028. Stay in touch with The DBL Center for shifting timelines and more information about this important benefit.
Who pays Virginia Paid Family Medical Leave?
Virginia Paid Family and Medical Leave insurance will be offered to employees as a cost-shared benefit, with a 50/50 rate split between employers and employees. Employers may choose to cover more than 50% of the premium costs, up to 100%. Claims will be paid out by private insurers or, in the case of state plans, the Virginia Employment Commission.
