Virginia

Benefits will be available to eligible employees starting December 1, 2028. The program will cover full-time and part-time Virginia workers who earned at least $3,000 total during at least two of the last five quarters. Job protection covers workers who have been employed for at least 120 days by their current employer.

Employers with 10 or fewer employees are not required to pay the employer contribution. Self-employed individuals who opt into the program will pay the full amount. State government employees will have a similar benefit. Employers may offer an approved private plan that meets or exceeds state benefits. State government employees will have similar benefits through a similar policy.

Federal government employees and employees covered by the Railroad Unemployment Insurance Act are exempted from the program. Tribal government employees are also exempt unless the tribal government opts in.

Eligible employees can receive wage replacement benefits for certain qualifying events. Employees who have worked for their current employer for at least 120 days generally are also entitled to job-protected leave.

An employee can take up to 12 weeks of VA PFML leave within a benefit year. The benefit year generally begins on the employee’s first day of leave and lasts 52 calendar weeks. In limited circumstances, it may extend to 53 weeks to prevent overlap with the base period of a previously filed claim. Up to four weeks of the 12-week maximum may be used to obtain safety services.

• The employee's own serious health condition, including illness, injury, pregnancy, and recovery from childbirth.

• Bonding with a new child following birth, adoption, or foster care placement.
• Caring for a family member with a serious health condition.

• Caring for a covered servicemember who is a family member.
• Addressing qualifying exigencies related to a family member's active duty military service or call to active duty.

• Obtaining services or assistance related to domestic violence, sexual assault, or stalking for the employee or a family member.

Approved private plans must provide job protections that are at least equivalent to those provided under the state program.

Employees will have the option of taking leave intermittently or on a reduced schedule basis.

VA PFML will be funded through payroll contributions from covered employers and employees. Payroll contributions begin April 1, 2028. The VEC will establish the contribution rate for 2028 by October 1, 2027, and will set the rate annually thereafter. Contributions generally will be split 50/50 between employers and employees, although employers may choose to pay more. Employers with 10 or fewer employees are not required to pay the employer contribution.

Private-plan premiums may differ from the State Plan contribution rate; however, an employee covered under an approved private plan cannot be required to contribute more than the employee otherwise would contribute under the State Plan. The employer is responsible for any remaining cost of the private plan and may elect to pay the full cost of coverage on behalf of employees.

Self-employed individuals who opt into the program are responsible for the applicable contributions required under Virginia law.

MetLife can also provide claim administration for self-insured private plans. For self-insured private plans, employers may collect payroll contributions up to the maximum amount permitted under the State Plan and use those funds to help finance plan benefits.. Service fees paid to support the operating costs for state approved self-insured plans are the employer’s responsibility.

The benefit amount an employee can receive depends on the employee’s average weekly wage.

While benefits are not yet payable, the state has provided the following information for calculating benefit payments once benefits are payable: wage replacement of up to 80% of the employee’s average weekly wage – up to a cap of the state average weekly wage currently $1,507.01. The maximum weekly benefit will be adjusted annually to reflect changes in the SAWW.