Paid Family Leave Planner · Paid leave by state
Paid leave in Virginia
State rules checked 2026-11-10 (rules file v1.0.1).
The facts
Virginia enacted paid family and medical leave in April 2026 - the first state in the South - but benefits do not start until December 1, 2028. When it launches it is set to pay 80% of your average weekly wage for up to 12 weeks. For a leave before then, your pay is FMLA (unpaid) plus whatever your employer offers.
Source: Virginia Employment Commission, checked 2026-11-10.
What you have today instead
Federal FMLA gives up to 12 weeks of unpaid, job-protected leave if you qualify: employer with 50+ employees within 75 miles, 12+ months on the job, and 1,250+ hours worked in the last year. It pays nothing. It runs at the same time as paid leave, not after it.
Virginia's paid leave program is not paying yet, so for now job protection is federal FMLA if you qualify, plus any employer policy.
Any pay during a leave before December 1, 2028 comes from your employer: employer paid leave, a short-term disability policy, or PTO, whatever your employer offers. The calculator stacks those with the FMLA timeline.
Questions
- Is Virginia paying paid leave benefits now?
- No. Virginia enacted paid family and medical leave in April 2026 - the first state in the South - but benefits do not start until December 1, 2028. When it launches it is set to pay 80% of your average weekly wage for up to 12 weeks. For a leave before then, your pay is FMLA (unpaid) plus whatever your employer offers.
- When do Virginia benefits start?
- Benefits become available December 1, 2028. There is no Virginia paid leave claim to file yet. Benefits start December 1, 2028.
- What can you use for a leave before then?
- Federal FMLA gives up to 12 weeks of unpaid, job-protected leave if you qualify: employer with 50+ employees within 75 miles, 12+ months on the job, and 1,250+ hours worked in the last year. It pays nothing. It runs at the same time as paid leave, not after it. Any pay comes from your employer - paid leave, short-term disability, or PTO.
- Does anything protect your job in Virginia right now?
- Virginia's paid leave program is not paying yet, so for now job protection is federal FMLA if you qualify, plus any employer policy.