Virginia Maternity Leave
2026 Guide to Leave Benefits
Your Options in Virginia
Virginia does not have a state-level paid family leave program. However, you still have several options for maternity leave coverage:
FMLA in Virginia
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with 12 weeks of unpaid, job-protected leave for the birth or adoption of a child.
Eligibility requirements:
- Your employer has 50 or more employees within 75 miles
- You've worked for your employer for at least 12 months
- You've worked at least 1,250 hours in the past 12 months
FMLA guarantees your job (or an equivalent position) when you return, and your employer must maintain your health insurance during leave. However, FMLA leave is unpaid - you'll need STD, PTO, or savings to cover the income gap.
Proposed Legislation
Virginia's Paid Family and Medical Leave Insurance Program (SB 2 / HB 1207) passed both chambers in February 2026 and is expected to be signed by the governor. The bill provides 12 weeks at 80% wage replacement (capped at ~$1,507/week), with contributions starting July 2028 and benefits starting January 2029.
Nearby States with Paid Leave
While Virginia doesn't have paid family leave, these nearby states do. If you work remotely for an employer in one of these states, you may be covered by their program.
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This information is for educational purposes only and does not constitute legal or financial advice. Benefit amounts and eligibility requirements change periodically. Always verify current details with your state's official program and your employer's HR department.