Legislative lowdown: Virginia lawmakers pass paid leave

Virginia lawmakers recently passed legislation to establish a paid family and medical leave (PFML) program in the state.

The bill, which Virginia Gov. Abigail Spanberger is expected to sign into law, would grant nearly all workers in the state up to 12 weeks of paid leave. If the bill is enacted, Virginia will be the 14th US state to establish a PFML program.

How Virginia’s PFML program will work. Employers and employees will both contribute to a fund established by Virginia’s state treasury in order to run the program. Contribution rates will be set by the state on an annual basis, and small employers with 10 or fewer workers won’t be required to pay their contribution share.

Contributions will start on April 1, 2028, and workers can start taking leave through the program on Dec. 1, 2028. Workers will be entitled to receive up to 80% of their wages under the program.

Most Virginia workers will be covered by the program, including those working part-time and those who are self-employed. Among the reasons that workers may take Virginia PFML:

• Dealing with a serious health condition that makes them unable to work
• Caring for a new child after birth, adoption, or a foster care placement
• Caring for a family member with a serious health condition
• Connection to a relative’s military deployment
• Seeking safety for oneself or a family member

The law takes a broad definition of who counts as a family member, as workers can take leave for “any individual whose close association with a covered individual is the equivalent of a family relationship.”

Under the legislation, employers are barred from retaliating against employees who elect to take PFML.

More paid family leave than ever. The likely enactment of PFML in Virginia closes a years-long chapter in a movement to pass the legislation. Former Gov. Glenn Youngkin, a Republican, previously vetoed PFML bills in 2024 and 2025 on grounds that the private sector should provide leave benefits to workers.

While the share of private sector employers investing in leave benefits is growing, so is the number of state legislatures backing public sector support.

Nearly one-third of private sector workers now have access to paid family and medical leave benefits thanks to laws like the one just passed by Virginia lawmakers, according to a recent analysis from the National Partnership for Women and Families.

In addition to PFML, Virginia’s general assembly passed a number of other bills that could have implications for employers throughout the state, including legislation to raise the minimum wage to $15 by 2028, and to include healthcare workers in a non-compete ban.