Virginia Adopts Paid Family Medical Leave Program

Virginia has become the first Southern state to adopt a mandatory paid family medical leave (PFML) insurance program.  Administered by the Virginia Employment Commission (VEC), eligible employees may receive up to 12 weeks of paid leave, with wage replacement of up to 80% of the employee’s average weekly wage, subject to a statutory cap. 

The program is funded through employer and employee payroll contributions. Employers with at least 11 employees must remit both the employer and employee portions of the contributions (up to 50% may be deducted from employee wages). Employers with up to 10 employees must remit only the employee portion and are exempt from the employer contribution. Employers may seek approval to satisfy their obligations through a private plan, which may suit organizations that already offer robust paid leave benefits. 

Payroll contributions will begin April 1, 2028, and the VEC will begin receiving claims and paying benefits to covered individuals starting December 1, 2028.

Jackson Lewis:
Virginia’s Workplace Changes for Employers: Paid Family Leave