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Family and Medical Leave in Virginia
If you are an employee in Virginia facing a serious health condition, a new child, or a family member's medical crisis, you may feel uncertain about your rights to time off. Virginia does not have its own state paid family and medical leave program, so the federal Family and Medical Leave Act is the main source of job-protected leave for most workers. This can feel limiting, but there is a real, ordered set of options to understand and follow.
The honest reality
Your right to leave under federal law depends on factors like how long you have worked for your employer and how many people your employer employs. The specific numbers that determine eligibility and the amount of leave you can take are set by federal rules and can change, so you should not guess at them. Always check the official federal agency's website for the current requirements.
Does Virginia run its own leave law or paid program
As of this writing, we could not verify a state family-or-medical leave law or a state-run paid leave program for Virginia beyond federal law. That is a gap in our own research, not proof one doesn't exist, if you believe Virginia has added a program since this was last checked, the DOL's own FMLA page and your state labor department's website are the places to confirm it directly. Until then, federal FMLA, unpaid but job-protected leave for a defined set of reasons, see our FMLA explained page, is what applies to eligible Virginia workers.
The federal floor, no matter what Virginia does
Federal FMLA applies to eligible employees at covered employers in every state, regardless of what Virginia does or doesn't add on top of it, unpaid but job-protected leave for a defined set of reasons. See our FMLA explained page for what it actually covers, and the U.S. Department of Labor's Wage and Hour Division, dol.gov, for a free federal complaint if Virginia's own agency isn't the right fit or doesn't apply to your employer.
Fired, demoted, or cut in hours around your leave
That is not an ordinary leave question anymore
Being punished for requesting or taking protected leave is a separate, serious problem. Our three-question triage routes you to the free agency that actually handles retaliation, nothing you type there is sent or stored, and our employment guide covers wrongful termination and retaliation in depth.
You don't need a lawyer to start
Every agency above is built for people without lawyers
Filing with a leave agency, state or federal, is free and designed for workers to use directly. Read our pro se guide for how self-representation works generally, and if a lawyer's cost is the blocker at any stage, our can't-afford-a-lawyer triage covers every free and low-cost path, including legal aid. See also Virginia's court and self-help page for going to a hearing without a lawyer.
Questions
Does Virginia have its own paid family leave program?
No, Virginia does not currently operate a state paid family and medical leave program. This means that unless your employer offers paid leave voluntarily, any job-protected leave you take will likely be unpaid under federal law.
How do I know if I am eligible for job-protected leave in Virginia?
Eligibility for job-protected leave depends on federal rules, which consider your length of service with your employer and the size of your employer's workforce. You should review the official federal agency's guidance to see if you meet the current criteria.
Can I use sick leave or vacation time during my leave?
Yes, you may be able to use any accrued paid leave your employer offers, such as sick leave or vacation time, to receive income while on job-protected leave. Your employer's policy will determine whether you can substitute that paid leave for unpaid leave under federal law.
Read the national FMLA guide →
Not legal advice and not a law firm. We don't predict outcomes, and eligibility thresholds, leave lengths, and benefit amounts vary by employer, by program, and change over time, never rely on a number from this page, confirm the current figures directly with Virginia's own agency or the DOL. If you can get a lawyer or free legal aid, do: start at lsc.gov.