In late April 2026, Virginia enacted a new Paid Family and Medical Leave Insurance Program (PFML). Like many other state paid family and medical leave programs, Virginia’s PFML will be funded through payroll contributions paid by employers and employees, with rates set annually by the Virginia Employment Commission (VEC). Payroll contributions begin April 1, 2028, and benefit payments begin December 1, 2028.
Key details of the new law are described below.
The program is funded through employer and employee payroll contributions. Employers with 11 or more employees must remit the full per-employee contribution to the state; such employers may deduct from each employee’s wages up to 50% of the per-employee contribution (or a lesser percentage as may be agreed upon with the employee). Employers with 10 or fewer employees must deduct from each employee’s wages 50% of the per-employee contribution rate applicable to larger employers and remit that amount to the state, with no additional employer contribution required. Deductions may not reduce an employee’s wages below the applicable minimum wage. Contribution rates will be set by the VEC no later than October 1, 2027, and annually thereafter.
The weekly benefit amount is 80% of the employee’s average weekly wages, subject to a statutory maximum. Employees may take leave on an intermittent schedule, with benefits prorated accordingly. Employees taking leave on an intermittent schedule...
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