Virginia Update: Navigating New Paid Family and Medical Leave and Volunteer Protections

Virginia is undergoing a major shift in its employment landscape. On April 22, 2026, the Commonwealth officially enacted a law granting nearly all workers the right to paid family and medical leave (PFML). This landmark legislation follows years of policy discussions and marks a notable change for both public and private sector employers.

Key Facts About the Virginia PFML Program

The new program is designed to provide income stability for workers needing time off for critical life events. Here are the essential details for employers:

• Coverage and Eligibility: The law covers nearly all Virginia employees, regardless of employer size, including full-time, part-time, and local government workers.
• Leave Reasons: Employees can take leave for their own serious health condition, to care for a family member, to bond with a new child, or for military deployment needs. The program also includes “safe leave” for survivors of domestic violence or sexual assault.
• Benefit Duration and Amounts: Workers can take up to 12 weeks of leave per year. The benefit replaces 80% of an employee’s average weekly wage, capped at the state average.
• Job Protection: Employees who have worked for their current employer for at least 120 days before the leave begins are entitled to job restoration.

While the law is now enacted, the implementation timeline is extended. Premium rates will be announced by October 1, 2027, with payroll contributions scheduled to begin on April 1, 2028. Benefit availability for employees will officially start December 1, 2028.

New Protections for Volunteer Emergency Responders

In addition to the PFML program, Virginia has passed Senate Bill 100 to protect volunteer emergency responders. Effective July 1, 2026, employers are prohibited from terminating or disciplining employees who miss work to provide volunteer emergency services during a declared state of emergency.

Under this law, employers do not have to pay for the missed time, but they cannot force employees to use accrued paid time off (PTO). However, employees must be allowed to use their available leave if they choose to do so. To qualify for protection, employees must provide notice of their absence as soon as possible and may be required to submit written certification from their volunteer organization.

Recommended Next Steps for Employers

To prepare for these upcoming changes, organizations should prioritize the following actions:

• Model Potential Costs: Review current workforce data to estimate future PFML premium contributions for both the employer and employee portions.
• Align Leave Policies: Evaluate existing short-term disability and parental leave policies to determine how they will coordinate with the new state benefits.
• Update Handbooks: Incorporate the new protections for volunteer emergency responders into your employee handbook before the July 1, 2026, effective date.
• Train Supervisors: Ensure management teams understand the new non-retaliation rules for volunteer responders to prevent inadvertent disciplinary actions.