---
title: "Virginia Paid Family Leave: Program Status, Dates, Payroll Contributions and What Employers Can Offer Now"
description: "Virginia paid family leave contributions start April 1, 2028 and benefits December 1, 2028, with up to 12 weeks at 80% of wages. See dates, costs and options."
url: "https://riskado.com/virginia-paid-family-leave/"
lang: "en"
published: "2025-11-21"
modified: "2026-10-02"
tags: ["paid-family-leave","virginia-pfml","employer-requirements","payroll-contributions","private-plan"]
image: "https://riskado.com/og/blog-virginia-paid-family-leave.jpg"
alternates:
  es: "https://riskado.com/es/licencia-familiar-pagada-en-virginia.md"
---

# Virginia Paid Family Leave: Program Status, Dates, Payroll Contributions and What Employers Can Offer Now

Riskado

Nov 21, 2025 · 13 min read · Updated Oct 2, 2026

![A quiet nursery corner with an empty crib and a rocking chair in afternoon light](https://riskado.com/blog/virginia-paid-family-leave/featured.jpg)

Virginia has a statewide Paid Family and Medical Leave Insurance Program, but it does not pay benefits in 2026. The [Virginia Employment Commission (VEC) (opens in a new tab)](https://vec.virginia.gov/pfml) will run it. Payroll contributions begin April 1, 2028, and eligible workers can start applying for benefits on December 1, 2028. The program will provide up to 12 weeks of paid, job-protected leave a year for qualifying family and medical reasons, at 80 percent of average weekly wages, with a weekly maximum tied to statewide average weekly net earnings, under [Code of Virginia § 60.2-804 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-804/). The 2028 contribution rate has not been set. For leave before December 1, 2028, the options are employer paid leave, [short-term disability](https://riskado.com/insurance-terms/disability-insurance/) and private family leave insurance.

### Key takeaways

- **Program status**Enacted in 2026; it does not pay benefits in 2026.
- **Who runs it**The Virginia Employment Commission (VEC).
- **Contributions begin**April 1, 2028.
- **Benefits begin**December 1, 2028, when eligible workers can start applying.
- **Benefit**Up to 12 weeks a year of paid, job-protected leave at 80 percent of average weekly wages, up to a weekly maximum tied to statewide average weekly net earnings.
- **Contribution rate**Not yet set for 2028.
- **Before December 1, 2028**Employer paid leave, short-term disability and private family leave insurance.

## Does Virginia paid family leave help with leave in 2026?

Not directly. The law is enacted, but the state benefit starts December 1, 2028, according to [Code of Virginia § 60.2-802 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/section60.2-802/). A birth, adoption, surgery or family illness in 2026 or most of 2028 falls before the first payable date, so the state program will not pay for it.

The program came from Senate Bill 2 and House Bill 1207 in the 2026 General Assembly session. The Senate bill became 2026 Acts of Assembly Chapter 981, and the identical House bill became Chapter 1093. The Governor approved the legislation on April 22, 2026, and its general [effective date](https://riskado.com/insurance-terms/effective-date/) is July 1, 2026, according to the [Legislative Information System record for SB 2 (opens in a new tab)](https://lis.virginia.gov/bill-details/20261/SB2?stream=top). The rules are codified in [Title 60.2, Chapter 8 of the Code of Virginia (opens in a new tab)](https://law.lis.virginia.gov/vacodefull/title60.2/chapter8/), §§ 60.2-800 through 60.2-821.

If you need paid time off before the program starts, the income has to come from somewhere else: your employer's paid leave or PTO policy, a short-term disability policy for your own medical condition, or a private family leave [insurance policy](https://riskado.com/insurance-terms/policy/) your employer buys. Each of those runs on its own terms.

![A kitchen table with a closed planner, a pen and a mug in soft morning light](https://riskado.com/blog/virginia-paid-family-leave/planning.jpg)

The state benefit starts December 1, 2028, so earlier leave relies on employer pay or insurance.

## When do contributions and benefits begin?

The program starts in phases, according to the [VEC's paid family and medical leave page (opens in a new tab)](https://vec.virginia.gov/pfml):

- **2026 and 2027:** program development, including regulations, technology and employer procedures.
- **January 1, 2028:** the VEC establishes and begins administering the program.
- **April 1, 2028:** payroll contributions begin, under [§ 60.2-806 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-806/).
- **December 1, 2028:** workers can apply, and the VEC begins accepting [claims](https://riskado.com/insurance-terms/claim/) and paying benefits.

That leaves about eight months in 2028 when contributions come out of paychecks before anyone can file a claim. Employers should plan payroll changes for the spring of 2028, and workers expecting a child or a planned medical leave in that window should plan around the December start.

Regulations and additional procedures are still being developed, according to the VEC, so registration steps, reporting forms and claim procedures will follow later.

### Virginia paid family and medical leave dates

1.  April 22, 2026The Governor approves SB 2 and HB 1207.
2.  July 1, 2026The Act's general effective date.
3.  2026 and 2027Program development: regulations, technology and employer procedures.
4.  October 1, 2027Deadline for the VEC Commissioner to set the 2028 contribution rate.
5.  January 1, 2028The VEC establishes and begins administering the program.
6.  April 1, 2028Payroll contributions begin.
7.  December 1, 2028Workers can apply, and the VEC begins paying benefits.

## How much will Virginia paid family leave pay?

The weekly benefit is 80 percent of your average weekly wages, under [§ 60.2-804 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-804/). For a self-employed person who opts in, it is 80 percent of average weekly net earnings. The statute sets a floor and a ceiling:

- The minimum is $100 a week, unless your average weekly wages are below $100.
- The maximum is 100 percent of the statewide average weekly net earnings.
- The maximum is adjusted every year, with the new figure taking effect each January 1.

The dollar maximum for December 2028 has not been published, because it depends on the statewide figure for that year. If you earn well above the statewide average, your benefit will reach the cap before it reaches 80 percent of your pay.

Virginia PFML benefit and contribution figures

Hover or tap a row to highlight it.

| Item | Figure |
| --- | --- |
| Wage replacement | 80% of average weekly wages |
| Minimum weekly benefit | $100, unless average weekly wages are lower |
| Maximum weekly benefit | 100% of statewide average weekly net earnings, adjusted each January 1 |
| Maximum regular leave | 12 weeks per benefit year |
| Maximum safety-services leave | 4 weeks per benefit year |
| Job-restoration threshold | At least 120 days with the current employer before leave |
| Contribution rate | Not yet set for 2028; due by October 1, 2027 |
| Employee share (more than 10 employees) | 50% of the contribution, unless a smaller share is agreed |
| Late-contribution interest | 1.5% per month |

## What reasons qualify for Virginia PFML?

Under [§ 60.2-802 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/section60.2-802/), the qualifying reasons include:

- Caring for a new child during the first year after birth, adoption or foster placement.
- Caring for a family member with a serious health condition.
- Your own serious health condition.
- Qualifying exigency leave connected to a family member's military service.
- Caring for a covered service member.
- Seeking safety services for yourself or a family member because of domestic violence, sexual assault or stalking.

The program covers more than parental leave. Your own illness, a parent's or spouse's serious health condition, and military family needs all qualify, as long as you meet the program's eligibility and certification requirements.

![An armchair with a folded blanket by a window and a cup of tea on a small side table](https://riskado.com/blog/virginia-paid-family-leave/family-care.jpg)

Qualifying reasons include caring for a family member with a serious health condition.

## How many weeks are available, and is the leave job-protected?

Benefits are payable for up to 12 weeks in a benefit year, under [§ 60.2-803 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-803/). Leave for safety services has a shorter limit of four weeks in a benefit year, under [§ 60.2-802 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/section60.2-802/).

Job protection depends on how long you have worked for your current employer. If you have been employed there for at least 120 days before your leave, you are entitled to return to your former position or an equivalent one, with equivalent seniority, status, employment benefits, pay and other terms, under [§ 60.2-808 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-808/). Your employer must also keep your health benefits in place during leave under the conditions the statute sets.

Wage replacement and job protection are two different things. The state program provides both. A private insurance policy can replace income, but it does not by itself create the state program's right to return to your job.

## Who pays the Virginia PFML contribution?

The 2028 contribution rate has not been set. The VEC Commissioner must set it by October 1, 2027, and then each year for the coming calendar year, under [§ 60.2-806 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-806/). For 2028 and 2029, the rate is fixed using sound actuarial principles.

How the contribution is split depends on the size of the employer:

- **More than 10 employees:** the employer remits the full contribution for each employee and deducts 50 percent of it from employee wages, unless the employer and employee agree to a smaller employee share. The employer can choose to pay more than half.
- **10 or fewer employees:** the employer deducts the employee half of what a larger employer would owe and remits that amount. It does not owe an additional employer contribution.

Small employers are still part of the program. They withhold and send in the employee share; they skip only the extra employer share, according to the [VEC's PFML FAQ (opens in a new tab)](https://www.vec.virginia.gov/sites/default/files/2026-04/PFML%20FAQ%204.22.26.pdf) dated April 22, 2026.

Contributions stop at the annual Social Security contribution and benefit base, so wages or self-employment income above that cap are not subject to contributions. The dollar cap depends on the Social Security Administration's figure for the contribution year. Self-employed people who elect [coverage](https://riskado.com/insurance-terms/coverage/) pay the employer share on their self-employment income.

![A desk with a closed laptop, a calculator and a short stack of plain envelopes](https://riskado.com/blog/virginia-paid-family-leave/payroll.jpg)

Employers with more than 10 employees remit the full contribution and may deduct half from wages.

## What employers need to do before contributions begin

Most employer steps will arrive as VEC instructions in 2027 and 2028. The statute already sets out these duties:

- Withhold the employee share and remit contributions beginning April 1, 2028, in the form and manner the VEC sets.
- Give each employee written notice at hiring and every year after, under [§ 60.2-811 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-811/).
- Give notice again when an employee asks for leave, or when you learn that an employee intends to take leave that may qualify.
- Keep the required job and health-benefit protections in place when the statute applies.

The notice has to cover benefit rights, the benefits available, how to file a claim, job protection, continuation of benefits, protection from retaliation and the right to file a complaint.

Late payments are costly. Contributions unpaid after their due date carry interest of 1.5 percent per month until the payment and interest are received, under [§ 60.2-813 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-813/). After notice, the Commissioner can collect unpaid amounts through a civil action, and the employer can also owe costs and fees. An employer that stays in default after an unsatisfied execution can be barred from operating in Virginia until the contributions are paid.

Watch the [VEC's PFML page (opens in a new tab)](https://vec.virginia.gov/pfml) for registration, wage-reporting and remittance instructions as they are released, and work with your payroll provider so withholding is ready for April 2028.

## What can workers and employers use before December 1, 2028?

Until the state benefit starts, paid leave comes from the employer or from insurance. Each option has its own rules.

**Employer paid leave or PTO.** An employer's own policy can pay you during leave, on whatever terms the policy sets. Ask HR how much paid time you have and whether it can be used for bonding, caregiving or your own medical leave.

**Short-term disability.** These policies generally pay for a worker's own disabling illness, injury or pregnancy-related medical condition, subject to the policy. Short-term disability does not automatically pay for bonding time with a new child or for caring for a family member.

**Private family leave insurance.** Virginia defines private family leave insurance in [§ 38.2-107.2 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title38.2/chapter1/section38.2-107.2/) as a policy issued to an employer that pays a percentage or portion of an employee's income loss for the birth or adoption of a child, a foster placement, care for a family member with a serious health condition, and certain military family circumstances. It can be a [rider](https://riskado.com/insurance-terms/rider/) to a group disability income policy, part of a group disability income policy, or a separate group policy the employer buys. Under this definition, it is coverage the employer buys, not an individual policy you buy for yourself.

**An approved private plan.** Once the VEC's approval process is available, an employer can apply to meet its PFML obligations through a private plan instead of the state program, under [§ 60.2-816 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-816/). The plan must provide benefits and protections equal to or greater than the state program. That means covering every qualifying purpose, the full number of weeks, at least the statutory wage replacement and weekly minimum and maximum, intermittent leave, and every employee who would otherwise qualify. It cannot charge employees more than they would pay under the state program, and it must keep coverage in place throughout employment.

A self-insured plan has to show the financial capacity to meet current and expected claims. A plan run through an insurer must use policy forms issued by an insurer and approved by the Commission. Approved employers reapply every two years and pay a fee the Commissioner sets. Virginia defines a policy built for this purpose, paid family and medical leave insurance, in [§ 38.2-107.3 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title38.2/chapter1/section38.2-107.3/).

A private family leave insurance policy on its own does not automatically replace the state program. The VEC decides whether that policy, combined with temporary disability insurance, meets the requirements for approval. Policy forms and rates for both kinds of coverage must be filed with the State Corporation Commission under [§ 38.2-316 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title38.2/chapter3/section38.2-316/).

![A folder of blank papers and a pair of reading glasses on a wooden desk](https://riskado.com/blog/virginia-paid-family-leave/coverage-options.jpg)

Before 2028, paid leave comes from employer policies, short-term disability or private family leave insurance.

## How Virginia PFML works with FMLA, PTO and other benefits

Federal FMLA gives eligible employees of covered employers up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons, with group health benefits continuing under the same conditions, according to the [U.S. Department of Labor (opens in a new tab)](https://www.dol.gov/general/topic/benefits-leave/fmla). FMLA applies only to covered employers and eligible employees, including the rule that a private employer have 50 employees within 75 miles.

When leave qualifies under both programs, Virginia PFML leave and FMLA leave run at the same time, under [§ 60.2-810 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-810/). An employer can require PFML payments to be coordinated with disability or family-care leave under its own policy or a collective bargaining agreement, but it must tell employees in writing. The Virginia law does not reduce an employer's duty to provide more generous leave under its policy, a collective bargaining agreement or another law.

[Workers' compensation](https://riskado.com/do-i-need-workers-comp-for-one-employee/) is separate again. It covers work-related injuries and occupational illnesses, not family leave or bonding time.

## How PFML benefits are taxed

The Virginia statute does not declare every benefit taxable. Instead, [§ 60.2-817 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-817/) requires the VEC to tell claimants if the IRS determines that benefits are subject to federal income tax, and to explain federal withholding and estimated-tax options.

At the federal level, [IRS Revenue Ruling 2025-4 (opens in a new tab)](https://www.irs.gov/irb/2025-07_IRB) treats family leave benefits and medical leave benefits differently and looks at whether amounts are tied to employer contributions, employee contributions, or an employer's voluntary payment of the employee share. Employer contributions to a state PFML program may be deductible as state excise taxes, and employee contributions may be treated as state income tax for federal deduction purposes, within federal limits. The [IRS also issued Notice 2026-28 (opens in a new tab)](https://www.irs.gov/irb/2026-34_irb) on the federal employer paid family and medical leave credit.

These rules depend on the facts. Confirm Virginia tax reporting and deductions with the Virginia Department of Taxation or a qualified tax professional before you file.

## Questions to ask an insurance agent

If you are an employer looking at coverage before 2028, or at a private plan after the program starts, these questions help sort out what a policy actually does:

- Is this private family leave insurance, paid family and medical leave insurance, short-term disability, group disability, or a combination?
- Is the policy issued to the employer?
- Which events does it cover: birth, adoption, foster placement, family caregiving, military family leave, the worker's own medical leave, or safety services?
- Does it replace income, provide job protection, or both?
- What are the eligibility rules, waiting periods, exclusions, benefit duration and documentation requirements?
- Is the policy form filed and approved for Virginia, and is the insurer authorized to write this line of insurance here?
- Can it qualify as a VEC-approved private plan, and if it is combined with temporary disability insurance, does the combination meet [§ 60.2-816 (opens in a new tab)](https://law.lis.virginia.gov/vacode/title60.2/chapter8/section60.2-816/)?
- How does it coordinate with FMLA, PTO and other benefits?
- Who makes claim decisions, and how are denials appealed?
- How are employee contributions handled, and what renewal or recertification duties apply?

You can check an agent, agency or insurer through the [SCC Bureau of Insurance producer and company search (opens in a new tab)](https://www.scc.virginia.gov/boi/consumerinquiry/). If a problem with a Virginia-issued policy comes up, contact the insurer or agent first, gather the policy, letters and claim records, and then file through the [SCC insurance complaint portal (opens in a new tab)](https://www.scc.virginia.gov/consumers/insurance/file-an-insurance-complaint/). Keep the complaint number and answer any questions from the examiner. Questions about a state PFML claim go to the VEC instead.

Riskado's directory lists insurance agencies across the US, including [Virginia agencies by city and category](https://riskado.com/agencies/virginia/), if you want to talk through employee benefit coverage with [a local agent](https://riskado.com/how-to-choose-an-insurance-agent/).

**Quiz: Check what you know about Virginia paid family leave**

1. When do Virginia PFML payroll contributions begin?
   - July 1, 2026
   - April 1, 2028 **(correct answer)**
   - December 1, 2028
2. When can eligible workers start applying for benefits?
   - January 1, 2028
   - December 1, 2028 **(correct answer)**
   - Benefits are available in 2026
3. What share of average weekly wages does the weekly benefit replace?
   - 50 percent
   - 80 percent, up to the statutory maximum **(correct answer)**
   - 100 percent
4. How many weeks of regular leave are available in a benefit year?
   - 4 weeks
   - 12 weeks **(correct answer)**
   - 26 weeks
5. What interest applies to contributions paid late?
   - 1.5 percent per month **(correct answer)**
   - 5 percent per year
   - No interest applies

## Frequently asked questions

### Does Virginia have paid family leave?

Yes. Virginia enacted a Paid Family and Medical Leave Insurance Program in 2026, and benefits begin December 1, 2028. The Virginia Employment Commission administers it.

### Will Virginia have paid maternity leave in 2026?

The statewide benefit will not be available in 2026. A worker giving birth in 2026 may need to rely on employer leave, a short-term disability policy for the medical recovery, or other existing benefits. The state program can cover bonding with a new child during the first year after birth, but only for leave starting on or after December 1, 2028.

### Who runs Virginia paid family leave?

The Virginia Employment Commission sets the contribution rate, collects contributions, processes claims and decides eligibility, according to the [VEC (opens in a new tab)](https://vec.virginia.gov/pfml).

### Is FMLA paid?

Federal FMLA is generally unpaid but job-protected for eligible employees of covered employers. Employer paid leave can run at the same time when the employer offers it.

## Where to start

Workers: check whether your leave date falls before or after December 1, 2028, identify which qualifying reason applies, and ask HR about PTO, short-term disability and any family leave coverage. Employers: prepare payroll for contributions starting April 1, 2028, plan the required employee notices, and follow the VEC's instructions as they are published.

### Terms used in this guide

Tap a term to see what it means.

**PFML.** Paid family and medical leave; Virginia's program is administered by the Virginia Employment Commission.

## More articles

- [New York Disability and Paid Family Leave Insurance: What Employers Must Carry and What It Costs](https://riskado.com/new-york-disability-and-paid-family-leave-insurance/): Most New York employers must carry DBL and Paid Family Leave coverage once an employee works 30 days. See what each pays, who counts and what no coverage costs.

- [Massachusetts Paid Family and Medical Leave: Employer Requirements, Contribution Rates and Private Plans](https://riskado.com/massachusetts-paid-family-and-medical-leave/): Massachusetts PFML costs 0.88% of covered wages in 2026, up to $184,500, and pays up to $1,230.39 a week. See who pays, leave limits, private plans and filings.

- [New Hampshire Paid Family and Medical Leave: How the Voluntary Plan Works for Employees and Employers](https://riskado.com/new-hampshire-paid-family-and-medical-leave/): New Hampshire paid family leave is voluntary insurance. The base plan pays 60% of your average weekly wage for up to six weeks a year. See who is covered.

- [Vermont Paid Family and Medical Leave: The Voluntary FMLI Program for Workers and Employers](https://riskado.com/vermont-paid-family-and-medical-leave/): Vermont paid family leave runs through the voluntary FMLI program. Employers choose to opt in, and announced plans pay 60% to 70% of wages for six to 26 weeks.

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