State leave benefits update

May 2026 

Tony R. Nelson, Jr., Benefits Compliance Specialist 

State paid family and medical leave developments continue to expand and evolve across the country, creating new compliance considerations for employers. Most recently, Virginia enacted a statewide Paid Family and Medical Leave (“PFML”) mandate with payroll contributions scheduled to begin in 2028, while Maryland finalized key regulations and adjusted its implementation timeline under the Time to Care Act. Meanwhile, a recent Massachusetts court decision clarified that PFML liability rests with employers, not individual managers, providing helpful guidance on enforcement exposure. Employers should continue monitoring these developments closely and begin planning now for upcoming payroll, notice, and leave administration obligations.

Virginia paid family leave bill signed into law

Virginia became the newest state to implement a statewide paid leave mandate when Governor Ralph Northam signed the PFML bill into law in April 2026. The law will require most employers and employees to begin PFML payroll contributions on April 1, 2028.

Once funded, covered employees will be eligible for up to 12 weeks of paid leave when they experience a qualifying event such as new child bonding, family care, an employee’s own serious health condition, or qualifying military events. Benefit payments are anticipated to begin on December 1, 2028.

Virginia employers with workers should keep track of future regulation releases and prepare for upcoming requirements around payroll deductions, employee notices, and leave tracking.

Employer action items

• Review payroll systems and vendor capabilities to prepare for future Virginia PFML contribution withholding and reporting requirements.

• Begin evaluating leave policies and handbook language to identify updates that may be needed before the program becomes operational.

Additional information and resources

• Virginia Employment Commission: Virginia Paid Family & Medical Leave

Maryland issues final regulations on time to care act

The Maryland Department of Labor issued final regulations on the state’s Paid Family and Medical Leave Insurance (“PFML”) program, commonly known as the Time to Care Act. These regulations provide more clarity about employer requirements prior to the program’s launch later this year. Final regulations cover eligibility, wage reporting guidelines, PFML payroll contribution procedures, private plan equivalence requirements, notice requirements, and interaction with other leave and disability laws.

Additionally, Maryland announced an amended implementation timeline that moved payroll contribution requirements to January 1, 2027. However, Maryland employee benefits will now begin on January 1, 2028. Like most state PFML laws, covered employees will be eligible for paid benefits to care for family and for medical reasons. These reasons include new child bonding leave and serious health conditions for self and family members, among others. Maryland employers with workers should continue preparing for upcoming requirements around payroll deductions, staff leave policies, vendor coordination, and employee communications.

Employer action items

• Coordinate with payroll and leave administration vendors to prepare for Maryland contribution reporting and leave tracking requirements.

• Review whether a private plan alternative may be appropriate and begin assessing compliance requirements for potential exemption applications.

Additional information and resources

• Maryland FAMLI Website

Massachusetts court limits PFMLA liability to employers

In a recent Massachusetts decision, the court held that civil liability under M.G.L. c. 149, § 180j (PFMLA) is limited to employers and does not extend to individual supervisors/managers or corporate officers. The Massachusetts PFML law provides eligible employees with up to 12 weeks of paid family and medical leave. Additionally, the statute provides protection from employer retaliation when exercising PFML rights.

Prior to this decision, there was some question as to whether claims could be brought against individual employers under the PFMLA. This decision provides clarity that enforcement and litigation is intended to be directed at the employer, not individual managers, or supervisors. Employers in Massachusetts should still prepare for PFML contributions, employee notices, and adherence to state PFML job protection rules. Massachusetts PFML is still in effect for all covered employers and employees for the rest of 2026.

Employer action items

• Continue auditing PFML notice, contribution, and leave administration procedures to ensure overall employer compliance.

• Train HR personnel and managers on PFML administration and anti-retaliation obligations despite the court’s clarification on individual liability.

Additional information and resources

• Laughlin v. BinStar, Inc. (Delaware), et al., No. 25-1625-BLS1 (Mass. Super. Ct. Feb. 26, 2026)