VirginiaHB12072026 Regular SessionHouseWALLET

Paid family & med. leave insurance program; definitions, notice requirements, civil action, report.

Sponsored By: Briana D. Sewell (Democratic)

Became Law

Summary

Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning April 1, 2028. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning April 1, 2028. The bill provides that the amount of a benefit is 80 percent of the employee's average weekly net earnings, not to exceed 100 percent of the statewide average weekly net earnings, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program. This bill is identical to SB 2.

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 6 benefits, 1 costs, 4 mixed.

Enforcement and damages for workers

If your employer violates your rights, you can recover lost pay up to 12 weeks, plus interest, and equal liquidated damages unless the employer proves good faith. Courts can order reinstatement or promotion. The Commissioner of Labor and Industry can investigate, issue subpoenas, and, with the Attorney General, bring cases and collect restitution. You generally have one year to file, or three years for willful violations.

Paid family and medical leave benefits

Beginning December 1, 2028, workers can get paid family and medical leave. You can take leave to bond with a new child, care for family, for your own serious health condition, for military caregiving or duty needs, or for safety services (safety services are capped at four weeks a year). You can get up to 12 weeks of paid benefits each benefit year. Weekly pay is 80% of your average weekly wages (at least $100 unless you earn under $100, and not more than 100% of the state average weekly net earnings). The first payment comes within 14 days after approval or when leave starts; then payments come at least every 14 days. You may take leave intermittently or on a reduced schedule, with prorated pay.

Job protection and no retaliation

If you worked for your employer at least 120 days before leave, you return to the same or an equivalent job. Your employer must keep your health benefits during leave; you still pay your share. Your employer cannot punish you or count this leave as an absence for discipline. If your leave also qualifies under FMLA, it runs at the same time. Railroad workers defined under federal law are not covered.

State employees get equal leave

The state must change its policies so Commonwealth employees get family and medical leave as good as, or better than, the program. These changes take effect by December 1, 2028.

Public dashboard, reports, and outreach

The Employment Commission must adopt all rules to run the program by April 1, 2028. It must launch a public dashboard by the date benefits start and report to the General Assembly by April 1, 2030 and every year after. The Commission also runs an ongoing education campaign with materials in English, Spanish, and other widely spoken languages.

Paid leave contributions and rates

Employers begin remitting payroll contributions on April 1, 2028. Wages above the Social Security wage base are not taxed for this program. Employers with more than 10 workers remit the full contribution but may deduct up to 50% from pay; those with 10 or fewer deduct 50% and owe no employer share. The Commissioner sets rates each year and, starting in 2030, adjusts them to keep at least a 40% fund reserve. Unpaid contributions accrue interest at 1.5% per month. A dedicated Trust Fund pays benefits and must repay start-up appropriations by January 1, 2034.

Privacy, paperwork, and appeals for claims

You must provide documents that match your reason for leave (for example, a doctor’s note, birth or placement papers, military orders, or safety-related records). Your claim file and any medical information are confidential and not open to the public. If your claim is denied, the Commission provides an appeals process within 90 days, and you can seek court review after that.

Private plans allowed if equal

Employers may use a private plan instead of the state plan if it gives the same rights, weeks, and pay levels. Approved plans must reapply every two years and pay fees; the Commission can withdraw approval or fine violators. Employees in private plans keep their rights and appeal options. The law lets insurers offer these benefits as riders or group policies, requires proper licensing, and requires policy forms and rate manuals to be filed and approved before use.

Self employed: opt in and costs

Self-employed people can elect coverage for at least three years by filing a written notice. If you elect within 26 weeks of starting self-employment, you have no waiting period; after 26 weeks, you must wait 52 weeks for benefits. You must pay both the employer and employee shares on your self-employment income and, when you start paying contributions (beginning April 1, 2028), you must show you are authorized to work in the U.S. You can withdraw only in the 30-day window after the first three-year term, with withdrawal taking effect 30 days after filing.

Employer notices and tax info

Your employer must give you a written notice about your leave rights at hire, every year, and when you ask for or plan leave. Employers must post a Commission poster in English, Spanish, and any language that is the first language of at least 5% of their workers. If the IRS taxes these benefits, the Commission tells new claimants, explains estimated taxes, and lets you choose federal tax withholding.

Penalties for false paid leave claims

Willful fraud to get benefits is a Class 1 misdemeanor and brings a five-year ban on benefits. Reckless false statements or willful failure to report key facts bring a three-year ban. The Commission can seek repayment of benefits paid in error.

Sponsors & Cosponsors

Sponsor

  • Briana D. Sewell

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 387 • No: 286

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 64 • No: 36

House vote 3/13/2026

Conference report agreed to by House

Yes: 62 • No: 33

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

Senate vote 3/11/2026

Senate insisted on substitute Block Vote

Yes: 40 • No: 0

House vote 3/10/2026

Senate substitute rejected by House

Yes: 0 • No: 99

Senate vote 3/9/2026

Finance and Appropriations Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote 3/9/2026

Committee substitute rejected (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/3/2026

Reported from Finance and Appropriations with substitute

Yes: 8 • No: 5

Senate vote 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/2/2026

Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations

Yes: 8 • No: 6

House vote 2/17/2026

Read third time and passed House

Yes: 62 • No: 34

House vote 2/13/2026

Reported from Appropriations with substitute

Yes: 15 • No: 7

House vote 2/11/2026

Subcommittee recommends reporting with substitute

Yes: 5 • No: 2

House vote 2/3/2026

Reported from Labor and Commerce with substitute and referred to Appropriations

Yes: 15 • No: 7

House vote 1/29/2026

Subcommittee recommends reporting with substitute and referring to Appropriations

Yes: 5 • No: 2

Actions Timeline

  1. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (64-Y 36-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1093)

    4/22/2026Governor
  4. Reenrolled bill text (HB1207ER2)

    4/22/2026House
  5. Reenrolled

    4/22/2026House
  6. Approved by Governor-Chapter 1093 (effective 7/1/2026)

    4/22/2026Governor
  7. Signed by President

    4/22/2026Senate
  8. Signed by Speaker

    4/22/2026House
  9. Governor's recommendation adopted

    4/22/2026Governor
  10. Governor's recommendation received by House

    4/13/2026Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (HB1207)

    3/31/2026House
  12. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  13. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  14. Signed by Speaker

    3/31/2026House
  15. Bill text as passed House and Senate (HB1207ER)

    3/30/2026House
  16. Enrolled

    3/30/2026House
  17. Signed by President

    3/30/2026Senate
  18. Fiscal Impact Statement from Department of Planning and Budget (HB1207)

    3/17/2026House
  19. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/13/2026Senate
  20. Conference report agreed to by House (62-Y 33-N 0-A)

    3/13/2026House
  21. Conference Report released

    3/13/2026
  22. House Conferees: Sewell, Sullivan, Bloxom

    3/12/2026House
  23. Conferees appointed by House

    3/12/2026House
  24. House acceded to request

    3/12/2026House
  25. Conferees appointed by Senate

    3/12/2026Senate

Bill Text

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