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Friday, June 5, 2026

Virginia Joins the Club: Paid Family and Medical Leave Coming Soon - Epstein Becker Green

Governor Abigail Spanberger recently signed HB 1207 (the “Act”), establishing a new paid family and medical leave (PFML) insurance program in the Commonwealth of Virginia. As a result, Virginia will become the 16th state to provide PFML for private-sector employees.[1]

What You Need to Know:

  • Broad Employer Coverage: The Act applies to virtually all private employers in Virginia, so the program may provide a new bank of time off for employees of smaller employers that are not subject to the federal Family and Medical Leave Act (FMLA).
  • Leave Entitlement and Job Protection: Eligible employees may receive up to 12 weeks of paid leave benefits for specified reasons. PFML is job-protected when taken after 120 days of employment.
  • Administrative and Notice Obligations: The Act includes specific administrative requirements that will require Virginia employers to adjust personnel management and payroll procedures, including notice and posting obligations that take effect January 1, 2028.
  • Employer and Employee Contributions: Starting on April 1, 2028, Virginia will begin collecting contributions to a new Family and Medical Leave Insurance Trust Fund: all employers will need to administer payroll deductions, and employers with more than 10 Virginia employees will also need to contribute an additional amount that is equal to or exceeds the employee contribution.
  • Benefit Availability: Program benefits will become available to eligible employees beginning on December 1, 2028.
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