Virginia has passed a new Paid Family and Medical Leave (PFML) law, signed into effect by Governor Spanberger on April 22, 2026. This law creates a state-run program that will give eligible employees paid time off for major life and health events.
New paid leave option for Virginia employees
Under the new law, employees can take paid leave for their own serious health condition, to care for a family member, or to bond with a new child after birth, adoption, or foster placement. Some military-related situations are also covered. Employees may receive up to twelve weeks of paid leave in a year, with partial wage replacement.
The program will roll out in stages. Starting April 1, 2028, employers and employees must begin making payroll contributions to fund the program. Benefits will become available on December 1, 2028, when employees can begin taking paid leave.
Funding the program through payroll deductions
Most employees in Virginia will be covered, including part-time workers. The program will be funded through payroll deductions shared by employers and employees, with rates set by the state each year. Some small employers may not have to pay the employer portion, but they still must follow other requirements.
Employers will need to handle several new responsibilities. These include collecting and sending payroll contributions to the state, giving required notices to employees, protecting employees’ jobs while they are on leave, and keeping accurate records. Employers must also avoid any retaliation against employees who use the leave.
Compliance considerations to understand
There are real risks for not complying with the law. Employers may face financial penalties for failing to pay contributions or follow the rules. Employees may also bring claims if they are denied benefits or not returned to their jobs after leave. More details on penalties are expected, but enforcement is likely to be taken seriously.
Overall, this law is a major change for Virginia employers. While the deadlines are still a couple of years away, it is important to start preparing now to avoid issues later.
Get in touch with one of our experts to learn how your organization can best prepare.