Virginia employers have a new workplace compliance requirement on the horizon.
The Commonwealth is joining a growing number of states with a state-administered Paid Family and Medical Leave (PFML) program, providing eligible employees with paid, job-protected leave for qualifying life events.
While benefits won't become available until December 1, 2028, employers should begin familiarizing themselves with the program now. Understanding how Virginia PFML will impact payroll, leave policies, and compliance requirements can help your organization avoid surprises down the road.
Virginia's PFML program will provide eligible employees with up to 12 weeks of paid, job-protected leave per benefit year for qualifying family, medical, military, and safety-related reasons.
The program will be administered by the Virginia Employment Commission (VEC), which will determine employee eligibility and manage benefit claims.
Virginia PFML applies to employers that meet either of the following criteria during the current or previous calendar year:
For most employers, including many small businesses, this means coverage under the law is likely.
Like unemployment insurance programs, Virginia PFML will be funded through payroll contributions from employers and employees.
April 1, 2028
December 1, 2028
Employers with 11 or more employees
Employers with fewer than 11 employees
Contribution rates have not yet been finalized. Employers should monitor future announcements from the VEC as implementation approaches.
While the VEC will determine eligibility for PFML benefits, employers are responsible for providing certain protections once leave is approved.
Employees become eligible for job protection after working for their employer for at least 120 days before taking leave.
During an approved PFML leave, employers must continue health insurance coverage under the same conditions as if the employee were actively working, including paying the employer portion of premiums.
Eligible employees may take up to 12 weeks of paid leave per benefit year for:
Leave must be taken within the first 12 months following the event.
Employees may also use leave for certain situations involving:
Note: Safety-related leave is capped at four weeks per benefit year.
Employees may take leave:
This flexibility allows leave to be tailored to individual circumstances.
For employers covered by the federal Family and Medical Leave Act (FMLA), leave that qualifies under both laws will generally run concurrently.
This means employees typically will not receive separate leave entitlements under each program for the same qualifying event.
Understanding how these programs interact will be important for HR, payroll, and management teams as implementation approaches.
Although the law does not take effect for several years, proactive planning can make implementation much smoother.
Evaluate your current programs, including:
Understanding how these benefits will coordinate with Virginia PFML can help prevent policy conflicts later.
The Virginia Employment Commission will continue releasing guidance on:
Staying informed now can help reduce compliance headaches later.
PFML contributions begin in April 2028, which means payroll systems will need to be configured to:
Working with your payroll provider early can help ensure a smooth transition.
Virginia PFML is just one example of how quickly the HR and compliance landscape is changing. That's why we created DP Boost HR, an HR consulting solution that gives employers direct access to experienced HR professionals who serve as an extension of their team.
DP Boost HR helps employers stay compliant, update policies, manage risk, and prepare for changes before they impact their business. Whether you need support with leave laws, handbook updates, employee relations, or day-to-day HR challenges, our team is here to help you navigate what's next with confidence.
Click here to learn more about all of our fractional HR support options or contact us at hello@dominionpayroll.com
This article is provided for informational purposes only and reflects the law as currently enacted. Guidance from the Virginia Employment Commission is ongoing, and program details may change before implementation. Employers should consult with qualified HR, legal, or payroll professionals regarding their specific circumstances.