The Details
Virginia has enacted legislation (Senate Bill 2), which requires most Virginia employers to provide paid family and medical leave (PFML) to employees (including part-time employees). The Virginia Employment Commission (VEC) will create the state-run PFML program by Jan. 1, 2028. Employees may use leave beginning December 1, 2028.
Note: An employer may use a private plan instead of the state-run plan, provided the plan meets VEC and state requirements. An employer using an approved private plan must reapply to renew the plan every two years. See the text of the law for further details.
Contributions
By Oct. 1, 2027 (and on an annual basis), the VEC will establish the contribution rate for the PFML program. Employers must remit the required funds to the PFML program via employer contributions and employee payroll deductions beginning April 1, 2028.
An employer with more than 10 employees must deduct up to 50% of the required contribution from an employee’s wages and remit the remaining amount required for a full contribution to the PFML program.
A small employer (10 or fewer employees) must only deduct up to 50% of the required contribution from an employee’s wages and remit that amount to the PFML program.
Note: In both cases, an employer may choose to fund all or part of an employee’s portion.
An employer’s deductions must not reduce an employee’s compensation below the Virginia minimum wage. Additionally, contributions are only required on wages up to the federal Social Security wage base. See the text of the law for further details.
Note: Employers must also maintain an employee’s healthcare benefits while on leave as if the individual had worked continuously during the leave period. The employee must pay their share of the cost of health care benefits.
Paid Family and Medical Leave Benefit Payments
An employee will receive PFML benefits equal to 80% of their weekly wages, capped at 100% of the statewide average weekly wage. The minimum weekly PFML benefit is $100 (employees earning less than $100 per week will receive their full wages). Benefits are payable starting on the first calendar day of a benefit year in which an employee meets certain eligibility requirements. See the text of the law for further details.
Use of Leave
An employee may use up to 12 weeks of PFML benefits (at a minimum of eight hours payable per week):
- To care for:
- For a qualifying exigency leave for a family member of the covered individual on active duty, or an impending call or order to active duty, in the Armed Forces.
An employee may also use up to four weeks to seek safety services for a covered individual or family member related to domestic violence, sexual assault or stalking.
PFML runs concurrently with the Federal Family and Medical Leave Act.
PFML may be taken continuously, intermittently or on a reduced schedule and should be prorated and coordinated between the employer and employee. An employee who takes PFML on a reduced schedule basis may not have the total amount of leave that they are entitled to reduced beyond the amount of leave they actually take. See the text of the law for further details.
Employee Notice
An employee must provide prior notice of the need for PFML to the extent practical and make a reasonable effort to avoid disrupting business operations when scheduling PFML.
Employer Notice
An employer must provide written notice of the PFML law to employees upon hire, on an annual basis, and when an employee requests leave under the law or when an employer acquires knowledge that an employee’s intent to take leave may make the employee eligible for PFML.
The notice must include:
- The terms under which employees may use benefits
- The amount of benefits that are available
- The procedure to file a benefits claim
- A statement of:
An employer must also provide written notice to employees when requiring PFML payments to be made concurrently (or coordinated with) payments made (or leave allowed) under the terms of a disability or family care leave policy.
Poster Requirement
An employer must display a poster of the PFML law in a clearly visible place that is in English, Spanish and a language spoken as a first language by at least five percent of the workforce.
Documentation
To qualify for PFML, an individual must provide the VEC with certain documentation. See the text of the law for documents required under the various PFML leave scenarios.
Recordkeeping
Employers must keep information in PFML files and records confidential (except for public employees in the performance of official duties). Note: An employee (or an authorized representative) may review their PFML files and records or receive specific information from the records with a worker’s signed authorization.
Job Restoration
An employee returning from PFML, who worked for their employer for at least 120 days prior to the beginning of their PFML leave, must be restored to the same position as when the leave began, or a position of equivalent seniority, status, benefits, pay and other terms and conditions of employment that they were entitled to when the leave began.
Nonretaliation
Under the law, an employer cannot retaliate or discriminate against an employee who:
- Requests, files for, applies for, or uses benefits under the law
- Communicates intent to file a claim or a complaint
- Testifies, or intends to testify, or assists in an investigation, hearing or proceeding under the law
An employer also may not have an attendance policy that counts PFML as an absence that may lead to or result in discipline, discharge, demotion, suspension or other adverse action.
Enforcement
An employer found to have violated the law may face penalties unless they can show credible reasons for taking their actions. See the text of the law for further details.
Next Steps
Review and update leave and notice policies and procedures and train supervisors on the changes under the law by April 1, 2028.
Note: The state will create a dashboard and launch a dedicated PFML resource website. Employers and workers will also receive updates through outreach, webinars, and toolkits; and more details, such as notice timings, will be shared as the PFML program is finalized.