The Employer’s Guide to Paid Family and Medical Leave in Virginia

In April 2026, Virginia became the first state in the South to pass paid family and medical leave (PFML) legislation. The law won’t take effect until 2028, but if you have a business based in Virginia or employees who live there, it’s important to start preparing now. 

This guide will go over everything you need to know, including what types of leave the law covers, which businesses are required to participate, what the program will cost, and important deadlines to be aware of. 

What is Virginia’s paid family and medical leave program? 

The Virginia Paid Family and Medical Leave Insurance Program, which is designed to support employees through challenging life transitions and milestones, is officially in the works. The Virginia Employment Commission (VEC) is currently creating parameters for Virginia PFML and will administer benefits once they’re available in late 2028.

Here’s what we know right now. 

What does the program provide employees? 

Under Virginia’s PFML program, eligible employees can take up to 12 weeks of paid, job-protected leave a year for qualifying life events. Those include: 

• Welcoming and caring for a child through birth, adoption, or foster care

• Recovering from a serious personal health condition

• Caring for a family member with a serious health condition

• Managing military family needs

• Seeking safety from domestic violence, assault, or stalking (this leave is only four weeks)

The program gives employees a wage replacement benefit that’s up to 80% of an employee’s average weekly wage, up to the state’s average weekly wage cap. 

How is the program funded, and what is the contribution rate? 

Virginia’s PFML program will be funded by both employer and employee contributions. What you actually pay as an employer depends on the size of your workforce. 

Employers with 10 or fewer employees have to deduct 50% of the required contribution amount from their employees’ wages, and don’t have to pay any additional employer contributions. 

Employers with 11 or more employees have to deduct 50% of the required contribution amount from employees' wages and also pay 50% themselves. The VEC will set the first contribution rate by October 1, 2027, and adjust it every October afterward. 

Who’s eligible for PFML benefits?

The VEC hasn’t created exact eligibility requirements yet, but they’re designing the program to be available to nearly every employee, including full-time, part-time, and self-employed workers. State government workers will be eligible for a similar benefit. 

Which businesses have to participate? 

Every private-sector business with one employee has to participate in the state’s plan. However, businesses are allowed to apply for a private leave plan in lieu of the state’s program on two conditions: 1) the plan’s benefits are on par with the state’s and 2) the VEC approves the plan.

Self-employed people can also opt into the state’s program, as long as they pay regular contributions. 

What important dates do I need to know? 

The VEC is still developing regulations and policies around PFML, but here are the deadlines to look out for: 

• October 1, 2027: The VEC sets the contribution rate for the 2028 calendar year. 

• January 1, 2028: Virginia’s PFML program officially kicks off. 

• April 1, 2028: Employers and employees have to start making payroll contributions. 

• December 1, 2028: Employees can start applying for state PFML benefits. 

Sign up for emails here to get more information on the PFML program. 

Does Virginia provide paid sick leave? 

Virginia doesn’t provide paid sick leave yet—but the state is about to. In May 2026, Governor Spanberger signed SB 199 to pass statewide paid sick leave legislation. Under the law, employers in every industry have to give both part-time and full-time workers one hour of paid sick leave for every 30 hours they work, up to five paid sick days a year. 

The law doesn’t take effect until mid-year 2027, and it will roll out in phases. Accrual begins on:

• July 1, 2027 for employers with 50+ employees

• January 1, 2028 for employers with 25+ employees

• January 1, 2029 for all employers

How does Virginia PFML work with federal leave laws?

Virginia’s PFML program will run concurrently with leave under the Family and Medical Leave Act (FMLA), which guarantees eligible employees 12 weeks of unpaid, job-protected time off. Any employer in the United States with 50 or more employees working in a 75-mile radius is subject to FMLA requirements. 

If one of your employees qualifies for Virginia PFML and FMLA leave, they can take both leaves simultaneously—and get the better of both protections. 

Virginia PFML vs FMLA

What should my business do to prepare for Virginia PFML?

Once PFML begins, you’ll be responsible for withholding and submitting contributions, giving employees the required notices about leave, guiding them through the process of taking leave, and coordinating payroll. 

Participating in PFML is mandatory for all Virginia-based employers and out-of-state employers with Virginia-based workers. If that’s your business, here’s what you need to do:

1. Start planning for PFML

Get your ducks in a row now, so you’re not scrambling come 2027. Make sure you:

• Forecast payroll expenses for 2027 and 2028, accounting for PFML contributions beginning on April 1, 2027

• Update your existing employee leave policy to account for PFML; include information on qualifying leave situations, leave length, wage replacement amounts and cap, contribution amount and start date, employee protections, and intersection with FMLA leave

• Consider whether you’ll need new administrative or tech support to withhold payroll contributions

• Assign someone the responsibility of managing employee leaves if you don’t already have a designated leave coordinator

• Send a company-wide email announcement giving employees information on PFML and what to expect 

2. Sign up for the VEC’s mailing list and informational videos

It’s crucial to stay up to date with the VEC’s regulations around paid leave. Start by joining the mailing list for the latest information, and bookmark this video resource page so you can listen in on updates. 

3. Draft a written leave notice

The VEC will establish ground rules about how and when to officially notify employees about leave, but it doesn’t hurt to get a jump on the process. Take a cue from the FMLA written notice template and start drafting a notice that includes the following information: 

• An overview of Virginia PFML

• Qualifying leave reasons

• Leave length 

• Wage replacement amount

• Employee protections during leave

• Contribution amount and when contributions begin

• How PFML intersects with FMLA leave

• Instructions on how and when to request a leave

• Whether or not certification is required for the leave

4. Follow federal leave requirements 

Until Virginia’s program is officially underway, your employees might request leave under FMLA. If they do, you’re responsible for: 

1. Posting a workplace notice for FMLA leave

2. Giving employees a Rights and Responsibilities Notice and Designation Notice if they request leave

3. Continuing to pay your portion of employee health insurance premiums during leave 

4. Reinstating them to their jobs when they return from leave 

5. File your leave-related documents

Save yourself a potential headache later, and start filing away all your leave-related paperwork now. That might include: 

• Employment contracts

• Payroll records

• Paystubs

• Official employee requests for leave

• Copies of official Virginia PFML and FMLA notices

• Documentation of leave start and end dates

What will Virginia PFML cost me? 

The cost of Virginia PFML depends on how many employees you have and what you pay them. If you have between one and 10 employees, you won’t have to pay any employer contributions to the state—you’re just responsible for deducting 50% of the contribution rate from your employees’ pay. 

If you have 11 or more employees, you’re responsible for deducting contributions on your employees’ behalf and paying 50% of the contribution rate yourself. Virginia hasn’t established a contribution rate yet, but other states with PFML programs set their rates between 0.50-1.2% of employees’ gross wages. 

Let’s do a hypothetical example, assuming Virginia’s contribution rate ends up being 0.8% of employees’ wages (as a reminder, that’s not the rate—it hasn’t been set yet). If you have 15 employees, you’d pay half the contribution rate yourself, so 0.4%. 

If one of your employees earns $60,000, you’ll end up paying $240 a year in contributions for that person. If one of your employees earns $150,000, you’ll end up paying $600 a year in contributions for them. Depending on what your other employees earn, you could spend anywhere from $4,000 to $8,000 a year funding Virginia PFML.

That may seem like a sizable chunk of payroll, but for most businesses, the annual cost of PFML contributions is significantly less than the cost of rehiring and retraining a new employee. 

The money you spend paying into Virginia PFML isn’t going down some bureaucratic drain—it’s going directly toward your employees’ well-being and financial security. It’s a vital investment in the health and retention of your workforce, which in turn is an investment in your business’s long-term success.

Virginia employer resources

For more Virginia business advice, bookmark our guides to:

• Hiring in Virginia

• Business tax incentives in Virginia

• Retirement savings in Virginia

• Business grants and loans in Virginia

• Employer taxes in Virginia