Overview of Family Leave Laws in the United States:
Virginia
Updated on April 22, 2026
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| Virginia | |
| What purposes can leave be used for? | Beginning December 1, 2028: Family and medical leave can be used: (1) for a worker’s own serious health condition; (2) to bond with a child within one year of the child’s birth, adoption, or placement for foster care; (3) to care for a family member with a serious health condition; (4) to care for a family member or next of kin who is a member or former member of the Armed Forces and is: undergoing medical treatment, recuperation, or therapy; otherwise in outpatient status; or on the temporary disability retired list for a serious illness or injury incurred in the line of duty while on active duty or aggravated by service in the line of duty (5) to address certain other military family needs; or (6) to address certain medical and non-medical needs arising from domestic violence, stalking, pervasive harassment, or sexual assault, also known as “safe leave.” |
| Who is covered? California, New Jersey, Rhode Island, Washington State, Massachusetts, and Connecticut also provide some coverage for previously covered workers who have a qualifying need for family or medical leave while they are unemployed, while New York and Hawaii also provide some coverage for previously covered workers who have a qualifying need related to the worker’s own health. Details vary by state. States that aren’t currently implementing their programs will also likely provide some coverage for previously covered workers during unemployment, though final regulations will be needed to specify details |
Almost all employees are covered if they are authorized to work in the United States at the time of applying for leave. |
| Are public sector workers automatically covered? Note that no state law covers federal employees. |
Local government employees are covered. Through separate changes to state policies required by December 1, 2028, employees of the Commonwealth of Virginia will receive leave benefits that are equal to or greater than leave benefits through this law. |
| Are domestic workers covered? | Yes, subject to a low minimum earnings requirement. |
| Can self-employed workers opt-in to coverage? | Yes. Note: self-employed workers who elect coverage after having been self-employed for 26 weeks shall be eligible for benefits after a waiting period of 52 weeks before such benefits shall be paid. There is no waiting period for a self-employed worker who elects coverage within 26 weeks of becoming self-employed. |
| What are the requirements to qualify for benefits? | Workers must have earned at least the amount required to be eligible for Unemployment Insurance (currently $3,000) in total over the highest two quarters of earnings within their base period. The base period is the first 4 of the last 5 completed calendar quarters immediately preceding the first day of the claimant’s benefit year or the 4 most recently completed calendar quarters immediately preceding the first day of the claimant’s benefit year. This can combine income from more than one employer. |
| What family members are covered? | A family member includes the worker’s spouse or domestic partner; child, grandchild, grandparent, parent, sibling (including those with step, foster, or adopted relationships); or an individual who depends on the worker for care and who either regularly resides in the worker’s home or has a relationship that creates an expectation that the worker care for the individual. “Family member” does not include an individual who lives in the worker’s home with no expectation that the worker cares for the individual. The definition of domestic partner includes any person who is at least 18 years old and “who (i) is dependent upon the covered individual for support as shown by either unilateral dependence or mutual interdependence that is evidenced by a nexus of factors, including (a) common ownership of real or personal property, (b) common householding, (c) children in common, (d) signs of intent to marry, (e) shared budgeting, and (f) the length of the personal relationship with the covered individual, or (ii) has registered as the domestic partner of the covered individual with any registry of domestic partnerships maintained by the employer of either party, or in any state, county, city, town, or village in the United States.” |
| How is the program funded? | Workers and employers share the cost of all leave. Employers can withhold up to 50% of the premium from workers' wages. Employers with more than 10 employees cover the remaining cost. Employers with 10 or fewer employees are not required to pay the employer portion of the contribution. A self-employed individual who elects coverage is responsible for paying 50% of the total premium (representing the employer’s portion of the contribution). Premiums do not apply to wages above the Social Security contribution base. The program will begin collecting premiums by April 1, 2028. |
| What percentage of wages do workers receive? | 80% of a worker’s average weekly wage during the base period or 80% of the worker’s average weekly wages during the quarters in which the worker worked if less than five quarters. For a self-employed worker, it will be 80% of the workers average weekly net earnings during the base period or 80% of the worker’s average weekly net earnings during the quarters in which the worker worked if less than five quarters. |
| What is the maximum weekly benefit? | 100% of the statewide average weekly wage As of 2026, the Virginia state average weekly wage is $1,507.01. |
| For how long can a worker receive benefits? | For one’s own serious health condition, to bond with a new child, to care for a family member with a serious health condition, to care for a family member or next of kin in the Armed Forces, or to address certain other military family needs: Up to 12 weeks in a benefit year. Safe leave: Up to 4 weeks in a benefit year. Total: Up to 12 weeks in a benefit year. |
| Is there an unpaid waiting period? | No. |
| Are workers entitled to have their jobs back when they return? | Yes, only if they have been employed with their current employer for at least 120 days prior to the commencement of leave. Note that workers who receive health insurance through their employers are entitled to continuation of those benefits while on leave, regardless of how long they’ve worked for their employer. Additionally, workers who exercise their rights to paid family, medical and safe leave are protected against retaliation. |
| How is the insurance provided? | By default, workers are covered by the state fund. Employers can apply for approval of a private plan, which must provide benefits at least equivalent to those available through the state. |
| Statutory Citation | VA Code Ann. § 60.2-800 et seq. |