VirginiaSB22026 Regular SessionSenateWALLET

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

Sponsored By: Jennifer B. Boysko (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 HB 1207.

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 5 benefits, 0 costs, 5 mixed.

Paid leave checks for Virginia workers

Beginning December 1, 2028, workers authorized to work in the U.S. can get paid family and medical leave. Covered reasons include a new child, your own serious health condition, a family member’s serious condition, military caregiving or exigency, and safety services (up to four weeks a year). You can take up to 12 weeks per benefit year, including intermittent or reduced‑schedule leave that is prorated. Your weekly check equals 80% of your average weekly pay (or net earnings if self‑employed), with at least $100 a week unless your average pay is under $100, and no more than the state average weekly net earnings. The first payment arrives within two weeks after approval or when leave starts, and then at least every two weeks; claims pay for at least eight hours in a workweek. You must submit documents that match your leave reason (for example, a provider’s certification, birth or placement records, or military orders).

State employees get equal paid leave

The state must give Commonwealth employees family and medical leave that is at least as generous as the new program. By December 1, 2028, the state updates personnel policies without cutting any more‑generous benefits already in place. If needed, the Governor submits changes to law and funding in the next budget.

Strong job protections during leave

If you worked for your employer at least 120 days before leave, you get your job back or an equivalent job with the same pay and benefits. Your employer must keep your health coverage during leave, and you must keep paying your share. Employers cannot retaliate or use absence rules to punish you for using or asking for leave. If rules are broken, you can recover lost pay and benefits (up to 12 weeks of wages), with a one‑year deadline to sue, or three years if the violation was willful. Employers must give written notices of rights and post a poster in English, Spanish, and any language spoken by at least 5% of workers.

Trust fund, rules, and public reporting

The state creates a Family and Medical Leave Insurance Trust Fund to pay benefits and run the program; any start‑up money must be repaid to the general fund by January 1, 2034. The Employment Commission must finish program rules by April 1, 2028. A public dashboard goes live when benefits begin and shows claims and approval times; annual reports to lawmakers start April 1, 2030. The Commission runs an ongoing education campaign with materials in English, Spanish, and other languages spoken by over 5% of Virginians. State agencies may share data, when allowed by law, to speed eligibility checks and payments.

Self-employed can opt into coverage

If you are self‑employed, you can elect paid leave coverage. Join within 26 weeks of starting your business to avoid a waiting period; later elections have a 52‑week wait. You must stay in for at least three years and can leave after that with 30 days’ notice. You must pay the employer share of contributions on your self‑employment income and show work‑authorization documents when you start paying.

Employers may use approved private plans

Employers can apply to use a private paid leave plan instead of the state plan, but it must match or exceed state benefits and rights, including intermittent leave. Plans can be insured or self‑insured; self‑insured employers must show they can pay claims. Employers must reapply every two years and pay a fee. The state can cancel approval, fine violators, and require reimbursement of its administrative costs if the plan breaks rules.

Payroll contribution rules and limits

Starting April 1, 2028, employers must send paid leave payroll contributions to the state. For employers with more than 10 workers, the employer remits the full amount and may deduct up to 50% from each worker’s pay. Employers with 10 or fewer workers only remit the deducted 50% employee share. No contributions are due on wages above the annual Social Security wage base, and deductions cannot push pay below minimum wage. Unpaid contributions accrue interest at 1.5% per month, and the state can sue to collect. The Commissioner sets the contribution rate each year; starting in 2030, the published rate aims to keep the fund at least 40% of yearly program costs.

Insurers and agents can sell leave

Licensed life insurers can also get licensed to sell private family leave and paid family and medical leave insurance in Virginia. Insurers must file policy forms and, when required, rate manuals with the State Corporation Commission before selling. Licensed life and annuities agents may market and sell these leave products.

Appeals, privacy, and fraud penalties

If your claim is denied, the agency must provide an appeals process within 90 days, and you can go to court after finishing agency appeals. Employees in approved private plans keep the same appeal rights. Your claim records are confidential; you or your authorized representative can access them with your signed permission. Willfully lying to get benefits is a Class 1 misdemeanor and triggers a five‑year disqualification; reckless misstatements or willful failures to report bring a three‑year bar. The agency can also seek repayment of benefits paid by mistake.

Tax and withholding on leave checks

If the IRS says these benefits are taxable, the state tells new claimants at filing. You can ask to have federal income tax withheld and change your withholding. The notice also explains estimated tax payment rules.

Sponsors & Cosponsors

Sponsor

  • Jennifer B. Boysko

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 502 • No: 292

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 63 • No: 34

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 21 • No: 18

Senate vote 3/13/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

House vote 3/13/2026

Conference report agreed to by House

Yes: 62 • No: 33

Senate vote 3/12/2026

House substitute rejected by Senate

Yes: 0 • No: 40

Senate vote 3/12/2026

Senate acceded to request Block Vote

Yes: 40 • No: 0

House vote 3/11/2026

Delegate Bloxom Floor amendment passed by

Yes: 64 • No: 35

House vote 3/11/2026

Delegate Bloxom Floor amendment passed by

Yes: 64 • No: 35

House vote 3/11/2026

Passed House with substitute

Yes: 64 • No: 35

House vote 3/6/2026

Reported from Appropriations with substitute

Yes: 15 • No: 7

House vote 3/3/2026

Reported from Labor and Commerce with substitute and referred to Appropriations

Yes: 15 • No: 7

Senate vote 2/17/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 2/16/2026

Commerce and Labor Substitute rejected

Yes: 0 • No: 0

Senate vote 2/16/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 35 • No: 0

Senate vote 2/12/2026

Reported from Finance and Appropriations with substitute

Yes: 10 • No: 5

Senate vote 2/2/2026

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

Yes: 7 • No: 6

Actions Timeline

  1. House concurred in Governor's recommendation (63-Y 34-N 0-A)

    4/22/2026House
  2. Senate concurred in Governor's recommendation (21-Y 18-N 0-A)

    4/22/2026Senate
  3. Acts of Assembly Chapter text (CHAP0981)

    4/22/2026Governor
  4. Reenrolled bill text (SB2ER2)

    4/22/2026Senate
  5. Reenrolled

    4/22/2026Senate
  6. Approved by Governor-Chapter 981 (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 Senate

    4/13/2026Governor
  11. Fiscal Impact Statement from Department of Planning and Budget (SB2)

    3/31/2026Senate
  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

    3/31/2026Senate
  14. Signed by Speaker

    3/31/2026House
  15. Bill text as passed Senate and House (SB2ER)

    3/30/2026Senate
  16. Enrolled

    3/30/2026Senate
  17. Signed by President

    3/30/2026Senate
  18. Fiscal Impact Statement from Department of Planning and Budget (SB2)

    3/17/2026Senate
  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. Senate acceded to request Block Vote (40-Y 0-N 0-A)

    3/12/2026Senate
  25. House requested conference committee

    3/12/2026House

Bill Text

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