What Are Virginia’s Maternity Leave Laws in 2025?

The state of Virginia does not have its own parental leave program for private businesses. Instead, employers must follow the federal Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for qualifying events such as childbirth, bonding with a new child, adoption, or foster placement.

Some Virginia employers choose to go further by offering paid maternity leave or short-term disability coverage to their employees. However, these benefits are voluntary and not mandated by law.

What maternity and family leave is allowed in Virginia?

In Virginia, maternity and family leave fall under the federal FMLA, which provides eligible employees with job-protected time off for qualifying family and medical reasons.

Public employees may sometimes receive additional leave benefits through agency rules or union contracts. For private employers, however, the only required obligations come from FMLA, unless the company voluntarily offers more. To avoid confusion, employers should clearly outline in their handbooks what the FMLA offers and whether the organization goes beyond it.

Beyond FMLA, both Virginia law and federal protections address the needs of employees during pregnancy and recovery. The Virginia Pregnancy Accommodation Law (2021) requires employers with five or more employees to provide reasonable accommodations such as additional breaks, modified duties, or schedule adjustments.

At the federal level, the Pregnant Workers Fairness Act (PWFA), effective in 2023, introduced similar requirements nationwide for employers with 15 or more workers. Because these two laws overlap but differ in scope, Virginia employers must apply the stricter standard in each circumstance to remain fully compliant.

FMLA leave entitlements

Employees may request FMLA leave in Virginia for:

• Recovery after childbirth
• Bonding with a newborn
• Adoption or foster care placement
• Caring for a spouse, child, or parent with a serious health condition

With FMLA leave unpaid, Virginia employers often offset the impact by allowing employees to use accrued PTO, vacation, or sick leave—a practice that both supports employees financially and streamlines employer leave management.

Find out more about each state's paid sick leave laws.

Job protection and benefits during leave

Employers covered by FMLA must reinstate employees either to the same job they held before they went on leave or to a comparable role with equivalent pay, benefits, and responsibilities.

Health insurance coverage must remain active while the employee is on leave, though employees may still need to pay their usual share of the premiums.

Employers may also require that accrued vacation, PTO, or sick leave be used concurrently with FMLA leave, as long as the policy is clear and applied consistently.

Learn about the statutory vs. voluntary benefits you can offer your employees.

Employee eligibility

To qualify for FMLA leave in Virginia, an employee must:

• Have worked for the employer for at least 12 months
• Have completed at least 1,250 hours of work in the prior year
• Work at a site where the employer has 50 or more employees within a 75-mile radius

Virginia does not impose additional requirements beyond these federal standards. HR teams must ensure tenure and hours worked are accurately tracked, since these records determine FMLA eligibility and protect businesses against compliance challenges.

Employer eligibility

FMLA coverage in Virginia depends on employer size:

• Public employers: Always covered by FMLA
• Private employers: Covered if they employ 50+ workers within a 75-mile radius
• Small private employers: Exempt, though many choose to provide voluntary parental leave or disability benefits

Virginia’s Pregnancy Accommodation Law (2021) covers employers with five or more employees, while the federal PWFA sets a nationwide threshold of 15. HR teams in Virginia must be mindful that state law extends protections to many smaller businesses that might otherwise fall outside federal requirements.

How leave requests are handled in Virginia

Employers should establish a clear process for handling leave requests. Under FMLA, the following is needed:

• Employee notice: At least 30 days in advance for foreseeable events like childbirth, or as soon as possible in emergencies
• Medical certification: Employers can request documentation to confirm the medical need for leave
• Employer notice: Businesses must provide employees with written notice outlining their rights and responsibilities under the FMLA

A well-defined process streamlines administration, reduces back-and-forth, and gives HR teams a clear framework to follow.

Keep compliant with Deel PEO

For Virginia employers, maternity leave falls under the rules of the federal FMLA, which sets the baseline for eligibility, leave tracking, reinstatement, and documentation. On top of that, employers must also comply with Virginia’s Pregnancy Workers Fairness Act (2021) and the federal PWFA, which add requirements around workplace accommodations and protections.

Handbooks and policies should reflect all three laws, while HR teams must coordinate leave management with accommodation obligations to ensure compliance and fairness.

Deel PEO makes managing maternity leave easier for employers in Virginia and across the United States. Our all-in-one platform combines expert support with built-in compliance tools, helping businesses meet federal and state requirements while giving employees the protections they’re entitled to.

With Deel, you gain access to:

• Comprehensive FMLA support, such as eligibility checks, leave tracking, documentation, and reinstatement management
• Fully in-house payroll, HR, tax, and compliance at the federal, state, and local levels — covering everything from wage and hour laws to pregnancy accommodation requirements
• Guidance from certified professionals, licensed advisors, and dedicated HR business partners and Payroll Managers
• Exclusive Aetna International benefits plans for W-2 employees traveling abroad
• Access to 60+ domestic benefits plans with Fortune 500-level coverage
• State-specific trainings, handbook policies, and on-demand HR support
• And more

With Deel PEO, Virginia businesses can stay compliant, simplify leave management, and support employees during important life events.

Book a demo with one of our experts today.