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Virginia enacts paid family and medical leave

June 2026 employment law letter
Authors: 

Caitlin E. Tobin, Whiteford, Taylor & Preston, L.L.P.

On April 22, 2026, Virginia enacted a paid family and medical leave law after the Virginia General Assembly accepted Governor Abigail Spanberger’s amendments. The program will be administered by the Virginia Employment Commission (VEC) and funded through a shared payroll contribution from both employers and employees.

Details

Under the new law, qualifying employees may take up to 12 weeks of paid time off per year at 80% of their average weekly wages, with a floor of $100 per week and a cap tied to the statewide average weekly earnings.

Employers should take note of several key dates and begin preparing now for compliance. The VEC will start collecting payroll contributions on April 1, 2028, with benefit payments and claims processing beginning on December 1, 2028. In the months ahead, the VEC will issue additional administrative guidance, including details on contribution rates, the claims process, and employer notice obligations.

Actions you should take now

In the meantime, you should review your existing leave policies, evaluate how the new paid leave program will interact with any current benefits (such as short-term disability or parental leave), and ensure your payroll systems are ready to accommodate the new contribution requirements. Employers who are considering applying for a private-plan exemption will also want to review the program’s requirements closely, as the approval process requires demonstrating that the private plan meets or exceeds every aspect of the state-run program.

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