Virginia Paternity Leave
2026 Guide to Leave Benefits for Fathers
Your Options as a Father in Virginia
Virginia does not have a state-level paid family leave program. However, you still have options for paternity leave:
FMLA for Fathers in Virginia
The Family and Medical Leave Act (FMLA) provides fathers with 12 weeks of unpaid, job-protected bonding leave. FMLA is gender-neutral — fathers have the same entitlement as mothers for bonding with a new 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. Note that fathers receive FMLA for bonding only — the medical recovery component of FMLA applies only to birth mothers.
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.
Paternity Leave Facts
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Calculate My Leave Plan →Frequently Asked Questions
How long is paternity leave in Virginia?
Virginia does not have a state-level paid family leave program. Fathers in Virginia can take up to 12 weeks of unpaid, job-protected bonding leave under federal FMLA if eligible. Beyond FMLA, your leave depends on your employer's parental leave policy and any accrued PTO or vacation time.
Is paternity leave paid in Virginia?
There is no state-mandated paid paternity leave in Virginia. However, some employers offer paid parental leave as a benefit. About 27% of private-sector workers nationwide have access to paid family leave through their employer. Check your company's parental leave policy or our company leave database.
Do fathers qualify for FMLA in Virginia?
Yes. FMLA is a federal law that applies in all states, including Virginia. Fathers can take 12 weeks of unpaid, job-protected bonding leave if they work for an employer with 50+ employees, have been employed for 12+ months, and have worked 1,250+ hours in the past year.
What paternity leave options do I have in Virginia?
Your options include: FMLA (12 weeks unpaid bonding leave), your employer's parental leave policy (check with HR), accrued PTO and vacation time, and negotiating additional unpaid leave. About 37% of fathers use vacation days and 11% use sick leave for their paternity leave.
Which states near Virginia have paid paternity leave?
Nearby states with paid family leave programs that cover fathers 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.
Can both parents take FMLA leave at the same time?
Yes, both parents can take FMLA leave simultaneously. However, if both parents work for the same employer, the employer may limit their combined FMLA bonding leave to 12 weeks total (not 12 weeks each). If they work for different employers, each gets their own 12-week entitlement.
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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.