The Governor’s limited amendments to HB 1207 (Sewell) and SB 2 (Boysko) were approved at the General Assembly’s reconvened session, making Virginia workers eligible for up to 12 weeks of Paid Family and Medical Leave (PFML) under a new insurance program passed by the 2026 General Assembly.
The Virginia program expands on the federal Family and Medical Leave Act (FMLA). The FMLA was passed in 1993 to guarantee that an employee would not lose their job if they took time off for certain qualifying health events of themselves or a family member. The amount of allowed time under the federal law is 12 weeks in a 12-month period, and employees are eligible if they have worked for at least 12 months for an employer that has at least 50 employees at the worksite. Leave can be taken continuously or intermittently. Most notably, FMLA does not require that the leave be paid.
The Virginia program extends beyond the FMLA by providing paid leave and expanding coverage in several key areas:
The definition of “family” is expanded to include domestic partners, children of any age, siblings, and grandparents and grandchildren
Leave for “safety services” is added. “Safety services” leave would arise from domestic violence, harassment, sexual assault, or stalking, and leave is capped at 4 weeks.
All employers must participate, regardless of number of employees
Employees are covered if they meet the requirements to be eligible for unemployment benefits
Job protections apply after only 120 days of employment
The program will grant benefits equal to 80% of the employee’s average weekly net earnings, not to exceed 100% of the statewide average weekly net earnings (using the same information for determinations of unemployment compensation). Alternatively, employers can obtain private insurance or self-insure, provided the VEC approves the plan as being consistent with or better than the statewide program. Private plans will be reviewed every two years for compliance.
The PFML insurance program will be administered by Virginia Employment Commission and will be funded through payroll deductions and contributions from employers. Employers with 10 or more employees may deduct up to 50% of the premium from employees; employers with 10 or fewer employees are required to deduct 50% of the premium from the employee but are not required to remit an employer share. Deductions cannot result in the employee’s wage falling below the minimum wage. The premium amount will be established by VEC annually.
The legislation sets April 1, 2028 as the date when VEC will begin collecting premiums, with benefits available for payment beginning December 1, 2028.
VACo Contact: Julie Whitlock, Esq.