Beginning in 2028, working Virginians will be guaranteed the right to take paid time off to welcome a child, care for a seriously ill loved one, or recover from their own serious health condition.
With the signing of recent Paid Family and Medical Leave (PFML) legislation by Virginia Gov. Abigail Spanberger, HB1207 and SB2, the Commonwealth of Virginia has now established paid family and medical leave. The new laws create a payroll-funded insurance program that provides employees who qualify with up to 12 weeks of paid leave at 80% of their average weekly wage.
State Vs. Federal Family Time Off
While the PFML is similar to the Family and Medical Leave Act (FMLA), a federal law that regulates medical and family leave but is an unpaid leave of absence, there is no federal law specifically designated for family and medical leave. The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for qualifying family and medical reasons and requires continuation of their group health benefits under the same terms and conditions as if the employee had not taken leave, according to the U.S. Department of Labor.
Many states, therefore have enacted their own paid family and medical leave laws, and Spanberger has stated that Virginia is the first southern state to provide paid family and medical leave. Other states with PFML laws include California, New York, New Jersey, Rhode Island, Connecticut, Massachusetts and Washington, with others scheduling programs to begin soon.
What the New Law Means for Virginia Employees
According to the Virginia Employment Commission, beginning in 2028, the PFML program will provide job protection and paid time off for life events, such as:
- caring for a new child (birth, adoption, foster care);
- recovering from a serious health condition;
- caring for a family member with a serious health condition;
- military family needs; and
- domestic violence, sexual assault or stalking.
Contributions to the insurance program will be split between employers and employees.
Specifically, the funding for the program is expected to come from premiums that both employers and employees would pay starting on July 1, 2028. The benefits for paid family and medical leave would then start on January 1, 2029. Paid leave would be capped at 12 weeks in any application year and provide self-employed individuals the option of participating in the program.
The money received by employees using paid family and medical leave will not exceed 100% of the statewide average weekly wage.
Administration of the PFML
The program will be administered by the Virginia Employment Commission. PFML will be funded by a payroll contribution shared by both covered employers and employees. VEC will begin collecting contributions on April 1, 2028. Benefits will launch on Dec. 1, 2028, and will be widely available to nearly all workers in the Commonwealth.
HB1207 and SB2 will require the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning Jan. 1, 2029. Under the program, benefits are paid to covered individuals, for family and medical leave.
The governor, who previously made amendments to the bills, defined how the program will be developed and implemented, brings the program into closer alignment with federal policy, clarified definitions and eligibility, and gives employers clarity in how the program works.
Expanding paid leave laws in Virginia is about basic fairness, and employees should be able to care for themselves and their families without risking financial hardship. This new law aims to deliver on Spanberger’s pledge to make Virginia an affordable place to raise a family and guarantees that no one will have to choose between caring for their loved ones and keeping their paychecks.
There was also other employment-related legislation considered this year by Virginia lawmakers including paid sick leave, wage transparency, and salary history, which are not yet law. Stay tuned.
A knowledgeable employment attorney can help you gain an understanding of the unique difficulties each workplace conflict presents and work toward a solution that benefits you. Tully Rinckey attorneys have the experience to assist both employees and employers in achieving their objectives, regardless of the matter, which may include discrimination, harassment, retaliation, or any other claim involving worker rights or employer responsibilities. Call (888) 968-1893 or contact us online today for a consultation and get an advocate who will fight for your rights and help secure your career and your future.
As Senior Counsel, Pamela focuses her practice on federal employment law and employment law matters originating in the Commonwealth of Virginia. Pamela has extensive experience representing clients in federal administrative hearings before the U.S. EEOC and the Merit Systems Protection Board. She also has litigation experience in the Eastern District of Virginia, Richmond, and Norfolk Divisions. Pamela regularly represents Virginia clients in state agency grievances, local personnel Board hearings, unemployment hearings, and before the Virginia Board of Nursing, Medicine and Pharmacy.
