Virginia Paid Family Leave Laws

As of January 3, 2025, Virginia does not have a state-mandated Paid Family Leave (PFL) program for private-sector employees. Employees in Virginia are covered under the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for qualifying family and medical reasons. However, Virginia offers specific paid parental leave benefits for state employees.

What is Paid Family Leave?

Paid Family Leave (PFL) allows employees to take compensated time off from work to address significant family needs, such as bonding with a new child, caring for a seriously ill family member, or managing their own serious health condition. PFL supports employees in balancing work responsibilities with essential family obligations without financial hardship.

Does Virginia Have Paid Family Leave Laws That Differ from Federal Family Leave Laws?

Yes, Virginia provides paid parental leave benefits for state employees, which differ from the federal FMLA provisions. Under Virginia Code § 2.2-1210, eligible state employees are entitled to up to eight weeks (320 hours) of paid parental leave to care for and bond with a newborn or a child under the age of 18 newly placed for adoption, foster, or custodial care. This leave must be used within six months of the child’s birth or placement and is in addition to other leave benefits available to state employees.

For private-sector employees, Virginia does not mandate paid family leave beyond the federal FMLA provisions, which provide up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons.

What Counts as a Qualifying Event for Paid Family Leave in Virginia?

For state employees eligible for paid parental leave under Virginia Code § 2.2-1210, qualifying events include:

• Birth of a Child: Leave to care for and bond with a newborn child.
• Adoption or Foster Care Placement: Leave to care for and bond with a child under the age of 18 newly placed for adoption, foster care, or custodial care.

Under the federal FMLA, qualifying events for unpaid leave include:

• Birth and Care of a Newborn Child: Leave to bond with and care for a newborn within the first year of birth.
• Adoption or Foster Care Placement: Leave for the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• Serious Health Condition: Leave to care for a spouse, child, or parent with a serious health condition, or for the employee’s own serious health condition.
• Military Family Leave: Leave for qualifying exigencies related to a family member’s active-duty military service or to care for a service member with a serious injury or illness.

Are There Requirements to be Eligible for Paid Family Leave in Virginia?

Eligibility criteria for state employees to utilize paid parental leave under Virginia Code § 2.2-1210 include:

• Employment Status: Must be a full-time, quasi-full-time, or part-time salaried (classified or at-will) state employee.
• Length of Service: Must have been employed by the Commonwealth for a minimum of 12 consecutive months.

For private-sector employees seeking unpaid leave under the FMLA, eligibility criteria include:

• Employer Coverage: The employer must have 50 or more employees within a 75-mile radius.
• Employee Tenure: The employee must have worked for the employer for at least 12 months (not necessarily consecutive).
• Hours Worked: The employee must have completed at least 1,250 hours of service during the 12 months preceding the leave.

Is There a Minimum Amount of Paid Family Leave Time Required in Virginia?

For eligible state employees, Virginia provides up to eight weeks (320 hours) of paid parental leave, which must be used within six months of the qualifying event. This leave is in addition to other leave benefits and may be used continuously or intermittently, subject to agency approval.

For private-sector employees, Virginia does not mandate a minimum amount of paid family leave time beyond the federal FMLA provisions, which provide up to 12 weeks of unpaid leave for qualifying events.

Is There a Minimum Amount of Maternity Leave Time Required in Virginia?

For eligible state employees, Virginia provides up to eight weeks of paid parental leave for the birth of a child, which includes maternity leave. This leave must be used within six months of the child’s birth.

For private-sector employees, Virginia does not mandate a minimum amount of maternity leave time beyond the federal FMLA provisions, which provide up to 12 weeks of unpaid leave for the birth and care of a newborn child.

Is Paternity Leave Required by Law in Virginia?

For eligible state employees, Virginia’s paid parental leave under Virginia Code § 2.2-1210 applies to all parents, including fathers, allowing them to take up to eight weeks of paid leave to care for and bond with a newborn or newly placed child.

For private-sector employees, Virginia does not mandate paternity leave beyond the federal FMLA provisions, which allow eligible employees, regardless of gender, to take up to 12 weeks of unpaid leave to bond with a newborn, adopted, or foster child within one year of birth or placement.

Who Pays for Paid Family Leave in Virginia?

For state employees, paid parental leave is funded by the Commonwealth of Virginia. Under Virginia Code § 2.2-1210, eligible state employees receive their regular compensation during the parental leave period.

For private-sector employees, there is no state-mandated paid family leave program in Virginia. Any paid leave

Conclusion

Virginia offers paid parental leave benefits for state employees, providing up to eight weeks of paid leave for qualifying events such as the birth or adoption of a child. This state-specific policy ensures financial support and work-life balance for eligible state workers. However, private-sector employees in Virginia must rely on the federal FMLA, which provides unpaid, job-protected leave for family and medical needs. Employers and employees should familiarize themselves with these provisions and any employer-specific policies to fully understand their rights and responsibilities regarding family and medical leave in Virginia.