Virginia Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

How Does FMLA Work in Virginia?

The federal Family and Medical Leave Act provides eligible Virginia employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons, including the birth of a child, a serious health condition, or care for a covered family member. Covered employers are private employers with 50 or more employees within a 75-mile radius and all public agencies. Eligible employees must have 12 months of service and 1,250 hours worked in the prior 12-month period. (Source: dol.gov/agencies/whd/fmla)

How Long Is Maternity Leave in Virginia?

Under the FMLA, eligible Virginia employees are entitled to 12 weeks of unpaid, job-protected leave for the birth of a child and associated bonding. Virginia does not currently supplement this with a state-paid maternity leave program. Employees who do not meet FMLA eligibility requirements have no guaranteed job-protected maternity leave under current Virginia law. (Source: dol.gov/agencies/whd/fmla)

Is Maternity Leave Paid or Unpaid in Virginia?

Virginia maternity leave under the FMLA is unpaid. Virginia has no state-run program that provides wage replacement during maternity leave. Employees may receive paid maternity leave only through an employer-provided benefit such as short-term disability insurance, a voluntary private PFL insurance policy under Va. Code § 38.2-107.2, or accrued paid leave that runs concurrently with FMLA. (Source: dol.gov/agencies/whd/fmla · law.lis.virginia.gov)

Who Is Eligible for FMLA in Virginia?

Employees are eligible if they have worked for a covered employer for at least 12 months, logged at least 1,250 hours in the previous 12-month period, and work at a location where the employer has 50 or more employees within 75 miles. All public agency employees — including state and local government workers — are covered regardless of employer size. (Source: dol.gov/agencies/whd/fmla)

Is FMLA Leave Paid in Virginia?

FMLA leave is unpaid under federal law. Employers must maintain group health benefits during FMLA leave, but wages are not replaced. Employees may substitute accrued paid leave (sick, vacation, PTO) to run concurrently with FMLA where employer policy permits or where the employer requires it. (Source: dol.gov/agencies/whd/fmla)

Does Virginia Have Paid Sick Leave?

Virginia does not require most private employers to provide paid sick leave. The Virginia sick leave law currently applies only to home health workers who provide consumer-directed Medicaid services and who average at least 20 hours per week or 90 hours per month (Va. Code §§ 40.1-33.3–40.1-33.6). HB5, which passed the General Assembly in February 2026 and would expand this requirement to all employees, was awaiting the Governor’s signature as of March 11, 2026. (Source: law.lis.virginia.gov)

Does Virginia Have Paid Family Leave?

Virginia does not have a mandatory state-administered paid family leave program as of March 2026. Virginia’s Insurance Code authorizes employers to voluntarily purchase private paid family leave insurance (Va. Code § 38.2-107.2), but participation is not required and no state agency administers claims. SB2, passed by the General Assembly in February 2026, would establish a mandatory state PFML program with benefits beginning January 1, 2029, pending the Governor’s signature. (Source: law.lis.virginia.gov)

How Many Sick Days Are Required in Virginia?

Under current Virginia law, only employers of qualifying home health workers are required to provide paid sick leave — at an accrual rate of one hour per 30 hours worked, up to 40 hours per year. No sick day requirement applies to other private employers as of March 2026. (Source: law.lis.virginia.gov)

Does FMLA Apply to Small Businesses in Virginia?

Federal FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. Virginia has no state family leave law with a lower employer size threshold under current law. Employees at small businesses in Virginia have no mandatory job-protected family or medical leave rights beyond any employer policy in place. (Source: dol.gov/agencies/whd/fmla)

How Long Is Paternity Leave in Virginia?

Paternity leave in Virginia is governed by the FMLA, which provides eligible employees up to 12 weeks of unpaid leave for the birth or placement of a child. Both birthing and non-birthing parents are eligible for the same FMLA entitlement, subject to individual eligibility requirements. Virginia parental leave beyond the FMLA baseline depends entirely on employer policy or any voluntary private PFL insurance the employer has chosen to provide. (Source: dol.gov/agencies/whd/fmla)

Can an Employer Deny Paid Sick Leave in Virginia?

For most Virginia employees, employers are not legally required to provide paid sick leave; therefore, denial of a sick leave request does not violate state law. For covered home health workers under Va. Code §§ 40.1-33.3–40.1-33.6, an employer may not deny accrued paid sick leave for qualifying reasons, and retaliatory action is prohibited under Va. Code § 40.1-33.6. (Source: law.lis.virginia.gov)

Does Virginia Have Any Paid Leave Requirements for Employers?

Currently, paid leave requirements in Virginia are limited to the home health worker paid sick leave statute (Va. Code §§ 40.1-33.3–40.1-33.6). There is no general statewide paid leave mandate for most private employers. The voluntary private PFL insurance framework under Va. Code § 38.2-107.2 creates no employer obligation. (Source: doli.virginia.gov)

What Options Exist for Paid Maternity Leave in Virginia?

Under current Virginia law, options for paid maternity leave include: employer-provided short-term disability insurance covering pregnancy and childbirth recovery; voluntary private paid family leave insurance purchased by an employer under Va. Code § 38.2-107.2; accrued paid leave (PTO, vacation, sick leave) substituted during FMLA leave; and any employer-provided paid parental leave policy. No state program currently provides wage replacement during maternity leave for Virginia private sector workers. (Source: law.lis.virginia.gov)

Is Paid Sick Leave Available to Part-Time Employees in Virginia?

Under current Virginia law, part-time home health workers who average at least 20 hours per week or 90 hours per month are covered by the paid sick leave statute and accrue leave at the rate of one hour per 30 hours worked. Part-time employees at other employers are not covered by any Virginia sick leave mandate. (Source: law.lis.virginia.gov)

Does Virginia Have a Voluntary Paid Family Leave Insurance Program?

Yes. Virginia Code § 38.2-107.2, enacted through 2022 Acts of Assembly chapters 131 and 132, authorizes private insurance carriers to sell paid family leave insurance policies to employers. This is not a state-administered program; it is a new category of group insurance that employers may elect to purchase. Qualifying events covered include birth or adoption of a child, foster care placement, care for a family member with a serious health condition, and military exigency. Employer participation is optional and no minimum benefit standards are set by state law. (Source: law.lis.virginia.gov)

When Will Virginia Paid Family Leave Begin if SB2 Is Signed?

SB2, as passed by the Virginia General Assembly, would establish a state-administered paid family and medical leave insurance program with benefits beginning January 1, 2029. Premium collection would begin April 1, 2028. The bill awaited Governor Spanberger’s signature as of March 11, 2026. Current bill status is available at the Virginia General Assembly LIS: lis.virginia.gov. (Source: lis.virginia.gov)

When Will Expanded Paid Sick Leave Take Effect in Virginia?

HB5, as passed by the General Assembly, would expand Virginia’s paid sick leave requirement to all employees (not just home health workers) with an effective date of July 1, 2027. The bill awaited the Governor’s signature as of March 11, 2026. Current bill status is available at lis.virginia.gov. (Source: lis.virginia.gov)

How Much Would Virginia’s PFML Program Pay Under SB2?

Under SB2, benefits would equal 80% of the employee’s average weekly wage, subject to a cap of 100% of the Virginia statewide average weekly wage, which is to be adjusted annually. The maximum weekly benefit amount would depend on the statewide average weekly wage at the time benefits begin in 2029. (Source: lis.virginia.gov)