Virginia just became the 14th state to guarantee paid family and medical leave.
On March 13, Virginia’s legislature passed paid family and medical leave legislation, and Gov. Abigail Spanberger (D-VA) has indicated she intends to sign it. For HVACR contractors with employees in the commonwealth, this is a significant change that will affect how you budget, plan for employee absences, and handle your obligations when someone on your team needs time away.
What Virginia’s paid family leave law covers
On December 1, 2028, Virginia workers will be able to take and receive paid time off for their own serious illness, to look after a sick family member, to bond with a new baby, or in specific cases of domestic violence, stalking, or a family member’s military service. Virginia workers can take up to 12 weeks a year for any of these reasons combined.
“Family member” is interpreted very widely: spouse, child, parent, sibling, grandparent, grandchild, and anyone who is family to the employee in a real way, even if there’s no formal or biological tie. So, an employee could use this to care for someone who is, for all practical purposes, family to them.
Which employers will Virginia paid family leave affect?
Every employer in Virginia. It doesn’t matter how many people you employ ─ a contractor with three employees is treated the same as one with 30. Both full-time and part-time employees are eligible, as long as they’ve earned at least $3,000 in their best two quarters of income before they take leave.
And that eligibility carries over. If someone’s just begun working for you but had a job in Virginia previously, their income from that previous employment counts towards being eligible. An employee hired in November could be eligible for benefits in December. That’s something for contractors who take on seasonal workers or new technicians throughout the year to consider.
Virginia PFML contribution rates, benefit amounts, and who pays
Employees receiving leave will get 80% of their usual weekly earnings, up to a maximum of $1,507 a week (which is currently Virginia’s average weekly wage). For a full-time technician making $25 an hour, this would be about $800 a week in benefits. If someone earns more than that, the percentage they get drops once they reach the $1,507 limit.
The program is funded by employers and employees contributing equally from payroll, much like unemployment insurance. These contributions start April 1, 2028. Virginia contractors with 10 or fewer employees are not required to pay the employer share, as that portion gets absorbed by the state fund. Small contractors in Virginia get the benefit of offering this coverage without the employer-side cost.
When an employee goes out on leave, they apply to the state for benefits. The state insurance fund pays them during leave. Employers can also apply to offer equivalent benefits through a private plan, but it’s subject to strict oversight and has to provide the same level of coverage.
Job reinstatement rights under Virginia’s paid leave law
And this isn’t just about the money. Employees returning from leave have the right to return to the same job or a similar one. This applies no matter the size of your business, how long the employee has been with you, or whether they work full or part-time. Plus, if they get their health insurance through work, they’re allowed to continue that coverage during their leave.
It’s against the law to retaliate against an employee for using this leave, or to prevent them from exercising their legal rights under this program.
How Virginia HVACR contractors can prepare before the 2028 deadline
What should you do now? You have a bit of time, but don’t wait until 2028. Contributions begin on April 1, 2028, meaning you’ll need to update your payroll systems, your budgets, and your company policies before then.
For the time being, just note the dates, add it to the agenda of your next HR or policy review, and look out for more details from the state about how much contributions will be and how the program will be run. ACCA will continue to follow this and update you as more information becomes available.
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