Free Evaluation
Free Evaluation

Virginia Leave Laws: FMLA, Family Leave, and Time Off Guide

Quick Answer: Virginia follows federal FMLA at employers with 50+ employees, providing 12 weeks unpaid leave. Virginia also provides domestic violence leave, organ donor leave, and military leave protections. No state paid family leave requirement yet.

Virginia provides various leave protections for workers.

Virginia Leave Overview

Types of Leave

Protected in Virginia:

  • Federal FMLA (50+ employees)
  • Domestic violence leave
  • Organ/bone marrow donor leave
  • Military leave
  • Jury duty

Not Required:

  • Paid family leave
  • State-specific FMLA
  • Paid sick leave (statewide)

Federal FMLA

Coverage

Applies when:

  • Employer has 50+ employees
  • Within 75-mile radius
  • Employee worked 12 months
  • Employee worked 1,250 hours

Leave Amount

Provides:

  • 12 weeks unpaid leave
  • Job-protected
  • Benefits continue

Qualifying Reasons

FMLA covers:

  • Serious health condition
  • Care for family member
  • Birth/adoption of child
  • Military family leave

Domestic Violence Leave

Virginia Protection

Allows leave for:

  • Domestic violence victims
  • Sexual assault victims
  • Stalking victims

Covered Activities

May use for:

  • Court appearances
  • Medical treatment
  • Safety planning
  • Counseling

Organ/Bone Marrow Donor Leave

Virginia Law

Provides:

  • 30 days for organ donation
  • 30 days for bone marrow donation
  • Paid for state employees
  • Varies for private

Military Leave

USERRA (Federal)

Protects:

  • Military service members
  • Re-employment rights
  • Benefits continuation

Virginia Military Leave

Additional protections:

  • Virginia National Guard
  • State active duty
  • Training leave

Jury Duty

Virginia Law

Protects:

  • Cannot fire for jury service
  • Job-protected leave
  • No required pay (private)

Common Scenarios

Scenario 1: Need Medical Leave

Situation: Need 6 weeks for surgery.

Analysis: If FMLA eligible, job-protected leave available.

Scenario 2: Domestic Violence Court

Situation: Need day off for protective order hearing.

Analysis: Domestic violence leave may protect time off.

Scenario 3: Small Employer

Situation: Work for 30-person company, need family leave.

Analysis: FMLA doesn’t apply. Check company policy.

Scenario 4: Caring for Parent

Situation: Parent has serious illness.

Analysis: FMLA covers family care if eligible.

Frequently Asked Questions

Does Virginia have state FMLA?

No. Virginia relies on federal FMLA.

Is there paid family leave in Virginia?

No statewide requirement. Check employer policy.

Does FMLA apply to small employers?

No. Only employers with 50+ employees within 75 miles.

Is domestic violence leave available?

Yes. Virginia provides leave protections for DV victims.

Related Topics

Take Action

If facing leave issues:

  1. Check FMLA eligibility
  2. Review company policy
  3. Give proper notice
  4. Document everything
  5. Consult attorney if denied

Legal Disclaimer

This article provides general information about Virginia leave laws and is not legal advice. For specific advice, consult a licensed Virginia employment attorney.

For official information: