Maternity leave in Virginia works differently for every mother. The same holds for fathers during paternity leave.
The Family Medical Leave Act (FMLA) applies to some workers in the private sector and most employees in the public realm (state and federal government), providing unpaid job protections lasting twelve weeks.
Meanwhile, private, state, and federal employees have varying paid family leave amounts with different durations.
Follow along as we break down the many possible correct answers to how long your parental time off might last and how much money you may get.
Virginia Paid Family Leave
Many parents in Virginia enjoy paid family leave benefits. However, the amount received while bonding with your newborn varies depending on whether you work for a private, state, or federal employer.
Private Workers
Parents working for private employers enjoy paid family leave benefits sporadically because the two relevant programs are voluntary – not mandated or universal.
Short-Term Disability
Short-term disability in Virginia creates paid maternity leave benefits for many women working for private employers. A policy may cover three common scenarios.
- Pregnancy disability leave before childbirth
- Recovery from labor and delivery
- Postpartum medical complications that delay a return to work
However, you must purchase a policy before conception. Many mothers lose out because it is a voluntary benefit that is not automatic.
Voluntary Program
Paid family leave in Virginia is voluntary for private companies and agency employees. Employers choose to purchase an insurance policy for employees that covers several scenarios.
- The birth of a child or adoption of a child by the employee
- The placement of a child with the employee for foster care
- The care of a family member with a severe health condition
The length and amount of these benefits are unknown at this time. Contact the Human Resources department at your employer for more information.
State Employees
State government employees in Virginia enjoy paid family leave funded by taxpayers without the same benefit. Eligible employees receive 100% of their income for up to eight weeks.
Virginia Code § 2.2-1210 indicates that eligible employees have worked for the Commonwealth for at least twelve consecutive months. Parents must take leave within six months following the child’s birth, adoption, or foster placement.
Federal Employees
Federal Government employees working in Virginia also enjoy paid family leave funded by taxpayers without a similar benefit. Eligible parents receive up to twelve weeks off at regular pay.
Paid Parental Leave for Federal Employees covers workers with twelve months of service, logging at least 1,250 hours over this period in connection with a child’s birth or placement (for adoption or foster care).
Virginia Maternity Leave
The length and benefit amount of maternity leave for Virginia mothers vary considerably depending on the type of employer and other factors.
Maternity Leave Length
We must break down the answer to how long maternity leave lasts in Virginia into two parts: job protections and income benefits.
FMLA Maternity Leave
FMLA provides unpaid time off lasting twelve weeks to eligible employees working for covered employers. Therefore, we have two possible correct answers to how long maternity leave job protections last.
- Zero weeks: unqualified for FMLA
- Twelve weeks: qualified under FMLA
Maternity Leave Income
The length of paid maternity leave benefits has a much wider range of correct answers because of the various income replacement sources and circumstances.
- Zero weeks: mothers working in the private sector without either voluntary program (paid family leave or short-term disability)
- Eight weeks: moms employed by a state government agency
- Twelve weeks: mothers working for a federal government employer
- Twenty-six weeks or more: moms experiencing pregnancy complications before birth for an extended period, covered by short-term disability
Maternity Leave Amount
Virginia mothers receive different amounts or percentages of income while on maternity leave. Each program has unique benefits, and many women do not have coverage.
- 0%: Mothers working in the private sector without coverage through voluntary paid leave or short-term disability
- 66%: Women who purchased short-term disability before conception
- 100%: Eligible moms employed by state or federal government agencies
Virginia Paternity Leave
The length and benefit of paternity leave for Virginia fathers vary considerably depending on the type of employer and other factors.
Paternity Leave Length
We must break down the answer to how long paternity leave lasts in Virginia into two parts: job protections and income benefits.
FMLA Paternity Leave
FMLA provides unpaid time off lasting twelve weeks to eligible fathers working for covered employers. Therefore, we have two possible correct answers to how long paternity leave job protections last.
- Zero weeks: unqualified for FMLA
- Twelve weeks: qualified under FMLA
Paternity Leave Income
Paid paternity leave benefits in Virginia last from zero weeks to twelve weeks but never any longer. The reason is that Dad cannot utilize short-term disability.
Short-term disability does not cover the care of family members. Therefore, fathers cannot receive extended benefits, while mom cannot work before her delivery because of medical complications or while she recovers from childbirth.
- Zero weeks: fathers working in the private sector without a voluntary paid family leave program
- Eight weeks: dads employed by a state government agency
- Twelve weeks: fathers working for a federal government employer
Paternity Leave Amount
The amount of money Virginia fathers receive while on paternity leave has three possible answers because each program has unique benefit levels, and many men do not have coverage.
- 0%: Fathers working in the private sector without voluntary paid leave insurance
- Between 0% and 100%: Dads of private employers with voluntary paid leave coverage – to be determined
- 100%: Eligible fathers employed by state or federal government agencies
