FMLA in Virginia: Which Employees Are Eligible for Leave?

Taking a leave of absence from work can be a challenge for employers and employees alike — but the Family and Medical Leave Act (FMLA) provides certain guidelines that apply to employees in all 50 states. Employees in Virginia are covered by this federal leave law if they have a FMLA-qualifying reason and meet the eligibility criteria.

But which types of leave are covered by FMLA in Virginia, and does the state have any additional leave laws of its own? Here’s what employers need to know about FMLA in Virginia and how to comply with any state leave laws and federal requirements.

What Is FMLA in Virginia?

The Family and Medical Leave Act (FMLA) is a federal law that applies to "covered employers” in all 50 states, including Virginia. According to the U.S. Department of Labor (DOL.gov), a “covered employer” refers to any the following entities:

• A private employer with at least 50 people employed over 20 workweeks in a calendar year
• A public or private school or educational agency
• A state, federal, or local government agency

Some states, such as Oregon and California, have their own version of the Family and Medical Leave Act, which provides similar protections at the state level — but Virginia does not. This means that eligible employees in Virginia are entitled to 12 weeks of unpaid leave under federal law, but not under Virginia law.

Does Virginia Have Paid Family and Medical Leave?

In 2025, the Virginia General Assembly passed HB2531, which would have provided employees in Virginia with 12 weeks of paid leave benefits. Employees would have received 80% of their wages through a program funded by payroll contributions.

In March 2025, Governor Glenn Youngkin vetoed the bill, so it won’t come into effect in 2027 as planned. Currently, employees in Virginia can take 12 weeks of job-protected leave under FMLA, but don’t have any additional protections under state law.

Who Qualifies for FMLA in Virginia?

To access their FMLA leave entitlements in Virginia, an employee needs to work for a covered employer and meet the following employee eligibility requirements:

• Work at a location with at least 50 employees in a 75-mile radius
• Have performed at least 1,250 hours of work in the past year
• Have worked for their employer for at least 12 months in all

Eligible employees can take up to 12 weeks of leave in a 12-month period. They must be allowed to keep their health insurance while on leave, and are entitled to return to the same job or an equivalent position. Employees can take an intermittent leave of absence if it’s medically necessary or if the employer approves.

What Are the FMLA-Qualifying Reasons for Leave?

An employee can’t take FMLA leave for any and all reasons, such as a sabbatical, a family reunion, or a vacation. To qualify for FMLA protections, an employee needs to take leave for one of the following reasons.

Family reasons

Family reasons include some types of family medical leave and parental leave. If an employee’s spouse or immediate family member has a serious injury or illness, an employee can take time off work under FMLA to care for them.

An employee can also take time off to bond with a newborn child or foster child. They’re eligible for up to 12 weeks of leave within one year after the birth of a child, adoption of a child, or the placement of a child in foster care.

Medical reasons

Medical reasons refer to an employee’s own serious health condition, such as an injury, illness, or chronic medical condition. Although FMLA doesn’t cover pregnancy, it may cover pregnancy-related conditions that require prenatal care or inpatient care.

Virginia doesn’t require employees to provide paid sick leave, but employees may be able to access any accrued leave while on a medical leave of absence. 

Military reasons

FMLA provides two kinds of military family leave for employees who have an immediate family member in the National Guard or Armed Forces:

• Military caregiver leave allows family members of a covered servicemember to take up to 26 weeks of leave to care for them following an illness or injury.
• Qualifying exigency leave allows employees to take time off to perform responsibilities related to a family member’s deployment or active duty military service.

FMLA in Virginia: Employee Rights and Obligations

The burden of complying with FMLA in Virginia mostly falls on the employer. It’s up to your human resources department to assess each leave of absence request and track an employee’s absence. But employees who qualify for FMLA have certain rights and obligations when accessing FMLA leave entitlements. These include:

Giving advance notice

Employees are required to provide advance notice of their leave request — at least 30 days — when possible. However, if an employee needs to take leave unexpectedly for medical reasons, the employer must still accommodate them.

Employers and employees should work together to develop a reduced schedule or an intermittent leave schedule for ongoing medical conditions.

When you use Pulpstream’s leave management platform, employees have access to a self-service portal where they can submit leave requests online, ensuring that your HR team is notified as soon as an employee makes a request for leave.

Providing additional information

Employees who take leave for medical reasons may need to provide evidence of a serious health condition in the form of a medical certification from their health care provider. They have 15 calendar days to provide this information if their employer requests it, otherwise their leave will not be FMLA-protected.

Employers aren’t allowed to disclose sensitive medical information, and should only ask for the information they need for verification and scheduling purposes. With Pulpstream, you can request a medical certification digitally, and employees can upload it directly using a secure, cloud-based portal to comply with FMLA confidentiality guidelines.

Paying health insurance premiums

Employees who qualify for FMLA leave are entitled to keep their health benefits — but only if they continue to pay their share of health insurance premiums. They may also be required to provide a fitness-for-duty certification when they’re ready to return to work.

Use Pulpstream to manage employment benefits and create a personal return-to-work program for each employee. Not only will this ensure that you meet your obligations as an employer, but it will facilitate a seamless transition back to the workplace.

Navigate FMLA in Virginia with Pulpstream

Employees in Virginia are covered by the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of leave in a 12-month period. Since Virginia doesn’t have any leave laws of its own, employers only need to comply with this federal law. Still, FMLA compliance involves multiple steps — from requesting medical information to tracking leave balances — as well as a range of FMLA forms and documents.

Pulpstream uses HR automation to reduce the time it takes for your human resources team to manage a leave of absence request — from 8 hours to just 15 minutes.

Our cloud-based portal allows you to automate core steps and digitize key documents, reducing paperwork and ensuring the confidentiality of sensitive medical information. Plus, employees can get email and SMS notifications every step of the way.

Request a demo today to see how Pulpstream can transform your LoA process!