Virginia Paid Family & Medical Leave (VA PFML)
What Is VA Paid Family & Medical Leave?
Virginia Paid Family & Medical Leave (VA PFML) insurance benefit program was signed into law on April 22, 2026. The Virginia Employment Commission (VEC) has begun designing the program, which will continue through calendar year 2027. Regulations and business rules will be finalized to support the new program using the following milestones:
- By October 1, 2027 - the state will publish a contribution rate
- April 1, 2028 - the state will begin collecting payroll deductions
- December 1, 2028 - the state will begin paying benefits
The new law is a state-mandated program that provides eligible employees with partially paid time off for up to 12 weeks per benefit year for qualifying personal and family needs.
Eligible reasons for VA PFML benefits include:
- The employee's own serious health condition
- Bonding leave to care for a new child, including birth, adoption, or foster placement
- Caring for a family member with a serious health condition, including a:
- Child, spouse, domestic partner, sibling, parent
- Grandparent or grandchild
- Any individual with a relationship that creates an expectation that the employee will care for that individual
- Qualifying service member exigency
- Service member caregiver
- Safety leave, entitlement is a maximum of 4 weeks per benefit year
What is the weekly paid benefit under VA PFML?
In 2028, the maximum weekly benefit will be the state's average weekly wage.
The benefit calculation is tied to an employee's average weekly wage, replacing 80%. Below are the steps needed to calculate the individual's benefit payment.
- Calculate the employee's average weekly wage (AWW)
- Calculate weekly benefit
| Illustration only using 2026 SAWW | Program starts in 2028 State max weekly SAWW |
Example: $1,500/week gross pay |
| Tier 1 | 80% AWW | $1,200.00 |
| Weekly Benefit | Illustrative max benefit using 2026 SAWW: $1,507.01 | Weekly benefits would be $1,200.00 |
Is VA PFML Job-Protected?
Yes. VA PFML provides job protection when the employee has worked for their employer 120 days. It may run concurrently with the laws below, depending on employee eligibility and regulatory decisions under consideration.
- Federal FMLA - Family & Medical Leave Act
- VA Domestic Violence Leave Act
- VA Organ/Bone Marrow Donor Leave
Which employers are required to provide VA PFML?
Most employers with one or more employees working in Virginia are covered under VA PFML and must provide benefits. This follows VA's Unemployment Employer Definitions.
This requirement includes:
- Employees working in Virginia (not resident state)
- Remote workers whose work is based in Virginia
It does not include businesses or employees of:
- The Federal government
- The Commonwealth
How much does VA PFML cost?
VA Paid Leave Public Plan
- 2028 contribution rate will be set by October 2027
- Payroll is capped at the Social Security wage base published annually in October
- Contributions are typically split 50/50 between employer and employee contributions
- Small businesses (10 or fewer employees) are only responsible for submitting the employees' portion of VA PFML contributions when participating in the public plan
Private Plan Alternative
- Private plans are individually underwritten
- Payroll deductions may be used but cannot exceed the public plan cost for employees
What is a VA PFML Private Plan?
The Virginia Employment Commission (VEC) will develop guidelines to support a private plan alternative.
A VA PFML private plan may be either fully insured or self-insured and must:
- Provide the same or better benefits as the public plan
- Offer equal rights and protections to employees
- Cost employees no more than the state plan payroll deduction
The DBL Center will work with their network of approved private plan carriers to offer compliant and cost-effective alternative solutions.
What Are the Advantages of a Private Plan?
Choosing a private plan may offer several advantages, including:
- Potential cost savings
- Plans are individually underwritten, like other insured employer benefits
- Employers receive an exemption from contributing to the state PFML fund
- Improved claims experience
- Faster claims turnaround times
- Direct access to dedicated claims professionals instead of call centers
- Employer-level absence reporting
- Visibility into claim status and leave dates
- Especially helpful for tracking intermittent leave
How Do I Apply for a Private Plan?
Once the Virginia Employment Commission (VEC) finalizes their rules and process, the DBL Center team will be poised and ready to support both you and your clients throughout the entire private plan process.
Step 1: Request a Private Plan Quote
We compare private plan pricing, benefits, and service levels against the state public plan.
Required census details include:
- All Virginia employees
- Gender
- Employment status (full-time, part-time, seasonal)
- Employee age
- Total Virginia wages (including overtime and bonuses)
Step 2: Select an Insurance Carrier
- The selected carrier will provide the necessary paperwork required by the state.
Step 3: Apply for the State Exemption
Submit the private plan exemption application defined by the VEC.
Why choose DBL Center?
With 40 years of experience in state-mandated disability and leave programs, the DBL Center is a trusted partner for navigating complex PFML requirements.
We provide:
- Expert support as the state makes decisions to support their new mandated leave law
- Strategic review of state mandated benefits
- Access to competitive, compliant private plan options
- Ongoing service and support beyond the initial sale
- Net Revenue Tracker enabling Broker access to their renewals, cancellations and book of business from anywhere
Our goal is to deliver cost-effective solutions with a seamless experience for both employers and employees.