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Virginia maternity leave and paid family leave

How paid leave works in Virginia when you have a baby: weeks for pregnancy and bonding, how much it pays in 2026, whether your job is protected, and how to apply.

Checked October 2026 · 21 sources

Short answer

Virginia passed paid family and medical leave in April 2026, but benefits don't start until December 1, 2028: up to 12 weeks a year at 80% of wages.

12 wk

of paid leave to bond with your baby

Virginia General Assembly, Legislative Information System

December 2028

when benefits start

Virginia General Assembly, Legislative Information System

Get ready to apply

Claims go to Virginia General Assembly, Legislative Information System. Tell your employer early.

Program website

The rules in Virginia

Pending

Virginia Paid Family and Medical Leave Insurance Program (PFML), administered by the Virginia Employment Commission

The rules
Legal maximum, your own health12 weeks
Bonding with your babyUp to 12 weeks
Medical and family leave combinedUp to 12 weeks a year
PayWhen benefits start Dec. 1, 2028: 80% of your average weekly wage (your full wage if you earn under $100/week), min $100/week, max equal to 100% of the state average weekly wage, set each year. The 2028 dollar cap hasn't been published. No benefits are paid in 2026.
Waiting periodNone for employees (benefits payable from the first day you're eligible in a benefit year). Self-employed people who opt in more than 26 weeks after becoming self-employed must wait 52 weeks before benefits are paid.
Job protectionYes, in the new law: if you've worked for your current employer at least 120 days before leave, you must be restored to your job or one with equivalent seniority, status, pay, benefits and service credits, and health coverage continues during leave. Retaliation, including immigration-status threats, is prohibited. Until benefits begin in Dec. 2028, only federal FMLA (50+ employees, 12 months/1,250 hours) gives job-protected leave.
Who qualifiesYou'll need to meet Virginia's minimum earnings test for unemployment insurance (wages in your two highest base-period quarters at least the lowest amount in the UI benefit table, earned in at least 2 quarters) and be authorized to work in the U.S. Covers nearly all private and local-government employers, including small businesses (10 or fewer employees don't pay the employer share). State employees get equal or better leave through state HR policy instead. Self-employed people can opt in for at least 3 years.
Benefits startDecember 1, 2028

Checked October 2026. Benefit amounts usually change January 1 and July 1, so confirm with Virginia General Assembly, Legislative Information System before you plan. Job protection often comes from a different law than the pay; the job protection row says which.

Confirmed enacted: HB 1207 (2026 Va. Acts ch. 1093) and SB 2 (ch. 981) were both approved April 22, 2026, at the reconvened session with the Governor's substitute. They're codified at Va. Code 60.2-800 to 60.2-818, and VEC says Governor Spanberger and the General Assembly enacted the program April 22, 2026. Key dates (Va. Code 60.2-801 and VEC): program set up by Jan. 1, 2028; contribution rate set by Oct. 1, 2027; payroll contributions begin April 1, 2028; claims and benefits begin Dec. 1, 2028. Wage cap: contributions aren't due on wages above the Social Security contribution and benefit base (Va. Code 60.2-806(G)). Employers with more than 10 employees deduct up to 50% from pay and remit the full contribution; employers with 10 or fewer remit only the employee half. The benefit max is 100% of the state average weekly wage under Va. Code 65.2-500(B), adjusted by Sept. 30 each year for the next Jan. 1. Up to 12 weeks per benefit year for all reasons combined; 'serious health condition' expressly includes pregnancy and recovery from childbirth, so pregnancy recovery and bonding share the 12 weeks. Bonding must be in the child's first year. Safety leave is capped at 4 weeks. The earnings test is tied to Virginia's unemployment benefit table, so the 2028 dollar threshold isn't set yet. Older voluntary law: since 2022 (Acts cc. 131, 132; Va. Code 38.2-107.2), insurers may sell employers group 'family leave insurance' (renamed 'private family leave insurance' in 2026) as a rider or a separate policy. It's optional and the law sets no benefit level or duration, so it only helps if your employer bought it. Employers may use an approved private plan for the new program.

Program website Every benefit in Virginia

Sources: Virginia General Assembly, Legislative Information System; Virginia Employment Commission; National Partnership for Women & Families; Mercer Law & Policy Group. Data as of October 2026.

Questions about maternity leave in Virginia

How long is maternity leave in Virginia?

Virginia Paid Family and Medical Leave Insurance Program (PFML), administered by the Virginia Employment Commission pays up to 12 weeks to bond with your baby. The legal maximum for your own health condition is 12 weeks, and medical and family leave together are capped at 12 weeks a year.

How much does Virginia paid family leave pay?

When benefits start Dec. 1, 2028: 80% of your average weekly wage (your full wage if you earn under $100/week), min $100/week, max equal to 100% of the state average weekly wage, set each year. The 2028 dollar cap hasn't been published. No benefits are paid in 2026.

Is my job protected while I'm on leave in Virginia?

Yes, in the new law: if you've worked for your current employer at least 120 days before leave, you must be restored to your job or one with equivalent seniority, status, pay, benefits and service credits, and health coverage continues during leave. Retaliation, including immigration-status threats, is prohibited. Until benefits begin in Dec. 2028, only federal FMLA (50+ employees, 12 months/1,250 hours) gives job-protected leave.

Who qualifies in Virginia?

You'll need to meet Virginia's minimum earnings test for unemployment insurance (wages in your two highest base-period quarters at least the lowest amount in the UI benefit table, earned in at least 2 quarters) and be authorized to work in the U.S. Covers nearly all private and local-government employers, including small businesses (10 or fewer employees don't pay the employer share). State employees get equal or better leave through state HR policy instead. Self-employed people can opt in for at least 3 years.

How does it work with FMLA?

The federal Family and Medical Leave Act (FMLA) gives eligible workers up to 12 weeks of unpaid, job-protected leave in a 12-month period for a birth and to care for the newborn, or for their own serious health condition, including pregnancy complications and recovery from childbirth. Health coverage continues during leave, and you return to the same or an equivalent job.

Sources

  1. 1.2026 Va. Acts ch. 1093 (HB 1207), approved April 22, 2026 Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  2. 2.2026 Va. Acts ch. 981 (SB 2), approved April 22, 2026 Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  3. 3.Code of Virginia, Title 60.2, Chapter 8 - Paid Family and Medical Leave Insurance Program Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  4. 4.Va. Code 60.2-800 Definitions Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  5. 5.Va. Code 60.2-801 Paid family and medical leave insurance program Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
Show all 21 sources
  1. 6.Va. Code 60.2-802 Eligibility for benefits; certification Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  2. 7.Va. Code 60.2-803 Duration of benefits Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  3. 8.Va. Code 60.2-804 Amount of benefits Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  4. 9.Va. Code 60.2-806 Contributions Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  5. 10.Va. Code 60.2-808 Leave and employment protection; remedies Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  6. 11.Va. Code 38.2-107.2 Private family leave insurance Virginia General Assembly, Legislative Information System. Accessed October 9, 2026.
  7. 12.Virginia Paid Family and Medical Leave Virginia Employment Commission. Accessed October 9, 2026.
  8. 13.Virginia Paid Family & Medical Leave FAQ (Oct. 2, 2026) Virginia Employment Commission. Accessed October 9, 2026.
  9. 14.State Paid Family & Medical Leave Insurance Laws (chart, April 2026) National Partnership for Women & Families. Accessed October 9, 2026.
  10. 15.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  11. 16.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  12. 17.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  13. 18.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  14. 19.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  15. 20.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  16. 21.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.

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