On April 13, 2026, Governor Spanberger proposed amendments to bills that would expand paid sick leave to nearly all Virginia employees, establish a statewide paid family and medical leave insurance program, and address workplace accommodations related to menopause and perimenopause. The General Assembly will reconvene on April 22 to consider the Governor’s proposed amendments.

Virginia Paid Sick Leave Expansion

Virginia is on the verge of expanding paid sick leave to cover all employees, beyond home health care workers. However, rather than signing the bill as passed, Governor Spanberger proposed amendments to HB 5 that, among other things, clarify key definitions—including “employee” and “family member”—address leave advances, and expand the permissible uses of leave to include an employee’s need for preventive medical care.

Paid Family and Medical Leave Insurance Program

Governor Spanberger also proposed amendments to SB 2, which would establish a statewide paid family and medical leave insurance program. These amendments, among other things, clarify the definition of a “family member,” expand the definition of “safety services,” and clarify certification and job restoration requirements.

Menopause and Perimenopause Accommodations Under the VHRA

Finally, Governor Spanberger proposed a substitute bill that would eliminate the language in HB 1173 adding menopause and perimenopause as protected categories under the Virginia Human Rights Act (VHRA) and requiring related workplace accommodations. Instead, the proposed substitute bill directs the Commissioner of Labor and Industry to conduct a study on menopause and perimenopause in the workforce.

Jackson Lewis attorneys will closely monitor how the Virginia General Assembly responds to the Governor’s proposals when it reconvenes later this month. If you have questions about what these developments may mean for your business, please contact a Jackson Lewis attorney.

(Law graduate Nina Bundy contributed to this article.)

In the current environment, understanding employers’ compliance obligations under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is more important than ever. Our colleagues provide important guidance here: Heightened Military Engagement: Unpacking Employers’ USERRA Responsibilities – Jackson Lewis

Amendments to New York City’s Earned Safe and Sick Time Act expanded employee leave rights effective 02.22.26. Our New York colleagues provide insights about what these amendments mean for employers and get you up to date on the Department of Consumer and Worker Protection recent FAQs, model forms, and notice here: NYC’s Amended ESSTA: Expanded Employee Time Off Rights Businesses Need to Know – Jackson Lewis

The EEOC recently published an FAQ-style technical assistance document addressing telework accommodations for federal employees with disabilities. Read more about what lessons this offers to private sector employers: EEOC’s Recent FAQs for Federal Sector Agencies Regarding Remote Work for Disabled Employees: How Do These FAQs Impact Private Employers? – Jackson Lewis

A law signed by New Jersey Gov. Murphy in his final days in office expands the New Jersey Family Leave Act to smaller employers and lowers the requirements for employee eligibility beginning on or about July 17, 2026. The new law also arguably provides employees who receive Temporary Disability Insurance (TDI) or Family Leave Insurance (FLI) benefits with job-protected leave. Our New Jersey colleagues provide a deep dive on employers’ obligations here: New NJ Family Leave Act Broadens Employee Access and Benefits, Complicates Employer Compliance – Jackson Lewis

Late yesterday, the 5th Circuit Court of Appeals vacated the split panel opinion from August allowing enforcement of the Pregnant Workers Fairness Act (PWFA) against the state of Texas. The issue is whether the U.S. Constitution required House lawmakers’ physical presence to have a quorum when the PWFA was approved as part of the Consolidated Appropriations Act in December 2022.

Texas filed suit against the federal government shortly after President Biden signed the Consolidated Appropriations Act in December 2022, claiming the PWFA could not be enforced against it because Congress violated the U.S. Constitution when it passed the bill relying on the COVID-19-pandemic-era rule permitting non-present members of Congress to be included in the quorum count and vote by proxy.

On Aug. 15, 2025, a divided panel of the 5th Circuit Court of Appeals held that the PWFA was constitutionally enacted because the Quorum Clause did not require members of Congress to be physically present when they enacted the Consolidated Appropriations Act of 2023, which included the PWFA.  The 5th Circuit’s August decision reversed the Northern District of Texas’ Feb. 27, 2024 decision permanently enjoining the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) from enforcing  the PWFA against  the State of Texas and its agencies.

The scope of the district court’s injunction is narrow. The EEOC and other federal agencies are enjoined only from enforcing the PWFA against the State of Texas. The injunction does not extend to any private employers or other governmental employers.

The California Department of Labor Standards Enforcement recently released a revised Healthy Workplaces/Healthy Families Act (HWHFA) poster reflecting recent amendments to the state paid sick leave law. California employers must promptly update their workplace postings. Our California colleagues offer additional insights here.

On November 20, 2025, the Philadelphia City Council amended the Philadelphia Fair Practices Ordinance (PFPO) to prohibit discrimination against employees based on menstruation, perimenopause, and menopause.

Starting January 1, 2027, Philadelphia employers must, upon request, provide reasonable accommodations “for needs related to menstruation, perimenopause, or menopause, if the symptoms of menstruation, perimenopause, or menopause substantially interfere with an employee’s ability to perform one or more job functions,” unless doing so would cause the employer an undue hardship.

Because menstruation, perimenopause, and menopause are not explicitly recognized as protected classes under Pennsylvania or federal law, employers should be aware of these unique obligations and employee protections. While Rhode Island adopted a law in June 2025 requiring employers to provide workplace accommodations for job applicants and employees experiencing menopause and menopause-related medical conditions, Philadelphia’s ordinance specifically addresses menstruation. Philadelphia is the first major American city to include menstruation, perimenopause, and menopause among its list of protected classes.

The PFPO was last amended on January 16, 2023 to provide employees with protection on the basis of their reproductive health autonomy.  

Employers already familiar with engaging in the interactive process can follow a similar protocol when providing accommodations to those experiencing symptoms of menstruation, perimenopause, or menopause. Before the ordinance goes into effect, however, employers may consider reviewing their policies and accommodation practices as well as training managers and human resources teams.

Minnesota employers should be prepared for significant changes in the leave law landscape in 2026. The statewide Paid Leave program rolls out on Jan. 1, 2026, and Minneapolis and Saint Paul both recently amended their Earned Sick and Safe Time Laws. Our Minnesota colleagues outline key compliance considerations and next steps for employers. Read the full analysis here: Countdown to 2026: Essential Paid Leave, Earned Sick and Safe Time Updates for Minnesota Employers – Jackson Lewis