Virginia Paid Family and Medical Leave
The Virginia Paid Family and Medical Leave (VA PFML) law will provide paid, job-protected leave for employees managing their own serious health condition or caring for a loved one.
Important dates:
April 1, 2028: Payroll contributions will begin
December 1, 2028: VA PFML benefits for eligible employees will begin
Guardian is currently evaluating our offering. Visit this page for updates as they become available.
Starting on December 1, 2028, VA PFML will allow 12 weeks of paid time off for the following leave reasons:
Employee’s own serious health condition
Caring for a new child (birth, adoption, foster care)
Caring for a family member with a serious health condition
Caring for a covered service member who is next of kin or other family member
Qualifying military exigency
Safe leave for the employee or family member
Job protection: VA PFML is job-protected leave if the employee has been employed with their current employer for at least 120 days prior to the start of their leave.
Most private and public employers that employ at least one individual in the state must provide PFML coverage to eligible employees through the state-run program to be administered by the Virginia Employment Commission (VEC) or a private plan. The law does not apply to the Commonwealth of Virginia itself as an employer.
Eligible employees are those who:
Are authorized to work in United States
Have earned the minimum wage requirement for Virginia Unemployment Insurance
Full-time, part-time, and seasonal workers all may be eligible employees as there is no minimum hours requirement.
Employee’s own serious health condition
Caring for a new child (birth, adoption, foster care)
Caring for a family member with a serious health condition
Caring for a covered service member who is next of kin or other family member
Qualifying military exigency
Safe leave for the employee or family member
Employees may take leave to care for the following family members:
Child
Parent
Spouse or domestic partner
Sibling
Grandchild
Grandparent
An individual who regularly resides in the employee’s home or where the relationship creates an expectation that the employee care for them and who depends on the employee for care. This does not include an individual who simply resides in the home with no expectation that the employee care for them.
Eligible employees will receive a weekly benefit amount equal to 80% of the employee’s average weekly wage (AWW), up to a maximum weekly benefit amount of the state average weekly wage (SAWW).
Each benefit year, an employee can take a maximum of 12 weeks of leave in combination of all allowable leave reasons. Safe leave is limited to a maximum of four weeks per benefit year. There is no waiting period for benefits.
PFML is funded through a payroll contribution paid by covered employers and employees. The contribution for the state program is split 50/50 between employers and employees. For the state program, self-employed individuals who opt in pay the full amount, and small businesses (those with 10 or fewer employees) are exempt from paying employer contributions.
Contributions for the state program will begin on April 1, 2028. The state program contribution rate will be announced by October 1, 2027.
Employers can participate in the state-run program, or they can self-insure or fully insure a private PFML plan. If an employer opts out of the state program, the private coverage they choose to provide must:
Be approved by the Virginia Employment Commission (VEC)
Meet or exceed the requirements of the state program
Cost employees no more than the state program
Withholding and submitting contributions
Providing required employee notices
Supporting employee leave requests
Coordinating with payroll systems
Guardian can help you manage it all
Effective employee leave management is key to ensuring your business remains compliant with state laws, helping you avoid costly fines.
Guardian has provided employers with statutory disability plans for more than a decade, taking a consultative approach to bring resources together for successful PFML plan implementation and management, no matter the level of complexity. Our management of PFML plans help ensure that any human resources team can meet the challenge of efficiently managing employee leaves while helping to ease administrative burden and enhancing compliance. Our plans are fully insured, state-approved, and backed by digital capabilities designed to help make administration easier.
Further, our Guardian absence management solutions can help reduce the administrative burden and enhance compliance with the integrated management of STD and LTD benefits, state and federal family medical leaves, and company leaves. Available to companies with 50 or more employees, employers can choose from a variety of plans and service options, including ADA support.
Group insurance products are underwritten and issued by The Guardian Life Insurance Company of America, New York, NY. Products are not available in all states.
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Guardian Absence Solutions℠ is a service mark of The Guardian Life Insurance Company of America.
