Virginia

Virginia offers a range of protections and programs to support pregnant workers and new parents, aligning with federal laws and introducing state-specific measures to ensure workplace fairness and family well-being.

Pregnancy and Work
Protection Against Pregnancy Discrimination
Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees are prohibited from discriminating against pregnant workers. This includes ensuring equal treatment in hiring, pay, job assignments, and promotions.

In Virginia, the Virginia Human Rights Act (VHRA) reinforces these protections, making it unlawful for employers to refuse reasonable accommodations related to pregnancy, childbirth, or related medical conditions, including lactation, unless it imposes an undue hardship on the employer. Learn more

Workplace Accommodations
The federal Pregnant Workers Fairness Act (PWFA) mandates that employers provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless it causes undue hardship. Learn More

Virginia's VHRA complements this by specifying accommodations such as

More frequent or longer bathroom breaks
Breaks to express breast milk
Access to a private location other than a bathroom for expressing milk
Acquisition or modification of equipment
A temporary transfer to a less strenuous or hazardous position
Job restructuring
Light duty assignments
Modified work schedules
Leave to recover from childbirth. Learn More
Employers are required to engage in a timely, good faith interactive process to determine effective reasonable accommodations. Learn More

Workplace Safety for Pregnant Workers
Employers must ensure a safe working environment for all employees, including those who are pregnant. Employees can report unsafe conditions to the Occupational Safety and Health Administration (OSHA).

Taking Time Off Work
Family and Medical Leave Act (FMLA)
Under federal law, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for childbirth, bonding with a new child, or serious health conditions. Eligibility includes:
Working for an employer with 50+ employees within 75 miles
Having worked for the employer for at least 12 months
Logging at least 1,250 hours in the past year. Learn More

Virginia State Leave Policies
As of October 2024, Virginia introduced a Paid Family and Medical Leave program, providing paid leave to eligible employees for qualifying family or medical reasons, including bonding with a newborn or newly adopted child. Learn More

Additionally, Virginia law provides for parental leave to be taken within six months following the birth, adoption, or foster placement of a child. This leave can be taken only once in a 12-month period and only once per child. Learn More

Returning to Work with a Baby
Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers are required to provide

Reasonable break times for nursing parents to pump breast milk for up to one year after birth
A private, non-bathroom space for expressing milk. Learn More

In Virginia, mothers have the right to breastfeed in any public or private location where they are lawfully present. Additionally, school boards are required to adopt policies to provide lactation accommodations for employees and students. Learn More

Workplace Protections for New Parents
Equal Pay: Virginia law prohibits wage discrimination based on sex, ensuring equal pay for equal work.

Employment Termination: Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA) or requesting pregnancy-related accommodations.

Job Protection: FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave. Learn More

Support for Parents in Virginia
Childcare Assistance
Virginia offers the Child Care Subsidy Program to assist families in paying child care costs for children under age 13 who are not eligible to attend public school during the part of the day when public education is available, or children with special needs under age 18.
Learn More

Temporary Assistance for Needy Families (TANF)
The TANF program provides eligible families with a monthly cash payment to meet their basic needs. Eligibility includes having a child who is a U.S. citizen or an eligible immigrant, and meeting income and other requirements. Learn More

Flexible Work Policies
Some Virginia employers may offer flexible work arrangements, remote work, or paid parental leave as part of their benefits. Employees should consult their employer's policies or human resources department for specific information.

These laws and programs aim to support pregnant workers and new parents in Virginia as they balance work and family responsibilities.