For Employees & Professionals · Virginia

Virginia FMLA & Job Protection Rights for Addiction Treatment

Worried about losing your job while you get treatment? You may have more protection than you think. Here's how federal FMLA and Virginia law apply if you live or work here.

Federal FMLA Basics

The federal Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid, job-protected leave for a serious health condition, including substance use treatment. To qualify, you generally need at least 12 months and 1,250 hours with your employer, and your employer needs 50+ employees within 75 miles. Your health information is also protected — your employer only needs to know you're on approved medical leave, not why.

Virginia's Leave Laws

Virginia has enacted its own Paid Family and Medical Leave program, with benefit payments set to begin in December 2028. Until then, eligible Virginia employees rely primarily on federal FMLA for job-protected leave.

This is general information, not legal advice — your exact eligibility depends on your employer, your role, and how long you've worked there. Confirm your specific situation with HR or an employment attorney. Call 844-R-REFORM and our admissions team can help you think through timing treatment around your job.

Frequently Asked Questions

Am I eligible for FMLA leave to get addiction treatment in Virginia?
If you've worked for your employer at least 12 months and 1,250 hours, and they have 50 or more employees within 75 miles, federal FMLA generally entitles you to up to 12 weeks of unpaid, job-protected leave — and that can include time in medical detox, residential, or outpatient treatment for substance use. Your employer cannot legally fire or demote you for taking leave you're eligible for.

Does Virginia have additional job-protection or paid-leave laws beyond federal FMLA?
Virginia has enacted its own Paid Family and Medical Leave program, with benefit payments set to begin in December 2028. Until then, eligible Virginia employees rely primarily on federal FMLA for job-protected leave.

Reform Recovery can help you navigate the paperwork so you can focus on getting better.

844-R-REFORM

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