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.
Plan Your Virginia Maternity Leave
See your personalized week-by-week timeline, income estimates, and a complete plan combining all your available benefits.
Calculate My Leave Plan →Frequently Asked Questions
Does Virginia have paid maternity leave?
No, Virginia does not have a state-level paid family leave program. Virginia employees must rely on federal FMLA (12 weeks unpaid, if eligible), employer-provided benefits like short-term disability insurance, and accrued PTO for maternity leave coverage.
What maternity leave can I get in Virginia?
In Virginia, your options include: FMLA (12 weeks of unpaid, job-protected leave if your employer has 50+ employees), short-term disability insurance (if your employer offers it, typically 6-8 weeks at 50-70% pay), accrued PTO or vacation time, and any parental leave policy your employer provides.
Is FMLA available in Virginia?
Yes, FMLA is a federal law that applies in all states, including Virginia. It provides 12 weeks of unpaid, job-protected leave for employees of companies with 50 or more employees. You must have worked for your employer for at least 12 months and 1,250 hours to qualify.
Can I get short-term disability for maternity leave in Virginia?
Short-term disability (STD) insurance is available in Virginia only if your employer offers it as a benefit. If you have STD coverage, it typically pays 50-70% of your salary for 6 weeks (vaginal delivery) or 8 weeks (C-section) of medical recovery. Check with your HR department about your coverage.
Which states near Virginia have paid family leave?
Nearby states with paid family leave programs include California, Colorado, Connecticut. If you work remotely for an employer based in one of these states, you may be covered by their paid leave program depending on the state's rules.
How can I prepare financially for maternity leave in Virginia?
Without state paid leave, plan ahead: check if your employer offers short-term disability or parental leave, maximize your PTO accrual, consider purchasing individual STD insurance before pregnancy, build savings to cover the income gap, and negotiate with your employer for additional leave. Our maternity leave calculator can help you estimate your income during leave.
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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.