Virginia's paid family leave program has passed — but it isn't paying anyone yet. Contributions begin April 1, 2028 and benefits begin December 1, 2028. Until then, your leave is built from three separate pieces instead of one state benefit. Here's exactly what those pieces are, and how they fit together.
Your 3 real options in Virginia
1. Federal FMLA
Up to 12 weeks of unpaid, job-protected leave if you've worked 12+ months and 1,250+ hours for an employer with 50+ employees within 75 miles. Unpaid — but your job (or an equivalent one) is protected.
Check your eligibility →2. Employer STD / parental leave
Most paid maternity leave in Virginia comes from an employer's short-term disability or parental-leave policy — typically 6-8 weeks at 50-70% of wages for birth recovery. Check your handbook or HR; it isn't guaranteed by law.
3. PTO / sick leave stacking
Vacation, sick, and personal days can be stacked on top of (or instead of) disability pay to reduce unpaid time. Ask HR whether you can front-load unearned PTO or use it intermittently.
What a typical Virginia maternity leave timeline looks like
Without a state program, most Virginia parents end up with a patchwork like this:
- Weeks 1-6 (vaginal) or 1-8 (C-section) — recoveryPaid at 50-70% only if your employer offers short-term disability. Otherwise unpaid unless covered by PTO.
- Remaining weeks up to 12 total — bondingFMLA keeps your job protected, but pay typically stops here unless your employer offers separate paid parental leave.
- Week 13 onwardFMLA job protection ends. Any further time off is unpaid and unprotected unless your employer agrees to extend it.
- Return to workYou return to the same or an equivalent position, since you took FMLA-protected leave.
- December 1, 2028 and afterVirginia's paid program goes live: up to 12 weeks of leave paid at up to 80% of average weekly wage, subject to a cap.
In 2025, Virginia became the first state in the South to enact a state-run Paid Family and Medical Leave Insurance Program, administered by the Virginia Employment Commission (VEC). Payroll contributions begin April 1, 2028; benefits begin December 1, 2028 — up to 12 weeks of leave paid at up to 80% of average weekly wage, subject to a statutory cap. Employers with 11+ employees remit both the employer and employee share; employers with 1–10 employees remit only the employee share and are exempt from the employer contribution. Covered reasons include bonding with a new child, caring for a family member, your own serious health condition, military-related exigencies, and safe leave. Until December 2028, Virginia works exactly like every other no-program state on this list.
Working remotely for a company in another state?
Paid-leave benefits almost always follow the state where you physically work, not where your employer is headquartered. So if you live and work in Virginia but your company is based in California or New York, Virginia's rules apply to you — meaning no state program — not theirs.
Virginia maternity leave FAQ
Is maternity leave paid in Virginia?
Not yet. Virginia passed a Paid Family and Medical Leave Insurance Program in 2025, but contributions don't start until April 1, 2028 and benefits don't start until December 1, 2028. Until then, whether any of your leave is paid depends entirely on your employer: short-term disability, a parental-leave policy, or your own PTO and sick leave.
How long is maternity leave in Virginia?
If you qualify for federal FMLA (12+ months and 1,250+ hours at an employer with 50+ employees within 75 miles), you get up to 12 weeks of job-protected leave today. Starting December 1, 2028, Virginia's own program adds up to 12 weeks paid at up to 80% of average weekly wage, capped.
Does Virginia have paid family leave?
It will, starting December 1, 2028 — the law passed in 2025, administered by the Virginia Employment Commission. Until then, no: there is no paid state program, so leave is unpaid FMLA (if eligible) plus whatever your employer voluntarily offers.
What if my employer offers nothing?
Then your paid options are whatever PTO or sick leave you've accrued — after that, unpaid FMLA (if you're eligible) still protects your job for up to 12 weeks. That won't change until Virginia's own paid program starts paying in December 2028.