Virginia Paid Family & Medical Leave (PFML) and Paid Sick Leave 

Virginia's new Paid Family and Medical Leave (PFML) program creates a state-administered paid leave insurance program that provides eligible employees with partial wage replacement when they need time away from work for qualifying family or medical reasons, such as the birth or adoption of a child, caring for a family member with a serious health condition, the employee's own serious health condition, or certain military-related events.

The program will be funded through payroll contributions beginning April 1, 2028, with benefits expected to become available December 1, 2028 (or early 2029, depending on state implementation). 

Separate from PFML, Virginia also enacted a Paid Sick Leave requirement that phases in beginning July 1, 2027, requiring covered employers to provide employees with paid sick leave for routine illness, preventive care, and certain family care needs. 

The new laws establish minimum statutory leave benefits and generally do not require employers to eliminate or replace existing Paid Time Off (PTO), vacation, or sick leave policies. Employers may continue offering more generous benefits than required by state law. 

Final regulations from the Virginia Employment Commission are expected to provide additional guidance on leave coordination before the programs become effective. 

How PFML Differs from Paid Sick Leave 

For employers with Virginia employees, it is important to distinguish between the two new laws: 

1. Paid Family & Medical Leave (PFML) – a state-run insurance program funded through payroll contributions.  

   
   

• Employees may qualify for up to 12 weeks of wage replacement benefits from the state PFML insurance program.  

  
  

• Eligible employees may receive 80% of their average weekly wage  

  
  

• Employers will be responsible for payroll contributions and employee withholdings, as applicable once the state establishes contribution rates.  

  
  

• PFML is intended for longer-term qualifying family and medical leave events and operates separately from employer PTO or sick leave policies, although employers will need to coordinate these benefits with their existing leave programs.  

  
  

• Employees will apply directly to the Virginia Employment Commission (VEC) for benefits, not to their employer. The VEC will determine eligibility, approve claims, and pay benefits.  

  
  

• Employers will verify employment and wages and provide required information to the VEC.  

  
  

2. Paid Sick Leave (PSL) – an employer-provided leave benefit with minimum accrual requirements.