1. A. Beginning December 1, 2028, family and medical leave benefits shall be payable to any covered individual who is authorized to work in the United States at the time they apply for family and medical leave pursuant to this chapter and:

   1. 1. Because of birth, adoption, or placement through foster care, is caring for a new child during the first year after the birth, adoption, or placement of that child;
   2. 2. Is caring for a family member with a serious health condition;
   3. 3. Has a serious health condition that makes the covered individual unable to perform the functions of the position of such individual's employment;
   4. 4. Is caring for a covered service member who is the covered individual's next of kin or other family member;
   5. 5. Is eligible for qualifying exigency leave arising out of the fact that a family member of the covered individual is on active duty, or has been notified of an impending call or order to active duty, in the Armed Forces; or
   6. 6. Is seeking safety services for the covered individual or a family member. Leave to seek safety services under this subdivision shall be payable for a maximum of four weeks in a benefit year for any covered individual.

2. B. A claim for family and medical leave benefits shall include supporting certifications as required by the following:

   1. 1. For a claimant seeking family and medical leave benefits due to a serious health condition, certification from a physician or health care provider (i) describing such condition, (ii) stating the date on which such condition commenced or is expected to commence and the probable duration of such condition, (iii) including a statement that such claimant is unable to perform job functions due to such condition, and (iv) including other appropriate medical facts as required by the Commission.
   2. 2. For a claimant seeking family and medical leave benefits due to the serious health condition of a family member, certification from a physician or health care provider (i) describing such condition, (ii) stating the date on which such condition commenced or is expected to commence and the probable duration of such condition, (iii) including a statement that such condition requires such claimant to care for such family member and an estimated duration of such care, and (iv) including other appropriate medical facts as required by the Commission.
   3. 3. For a claimant seeking family and medical leave benefits due to the birth of a child, certification in the form of either (i) such child's birth certificate or (ii) another document issued by a health care provider or physician stating such child's birth date.
   4. 4. For a claimant seeking family and medical leave benefits due to the placement of a child with such claimant for adoption or foster care, certification in the form of a document issued by such child's health care provider or physician, by an adoption or foster care agency involved in such placement, or by other individuals as required by the Commission that verifies the occurrence and date of such placement.
   5. 5. For a claimant seeking family and medical leave benefits for qualifying exigency leave, certification including (i) a copy of the family member's active-duty orders, (ii) other documentation issued by the Armed Forces, or (iii) other documentation as required by the Commissioner.
   6. 6. For a claimant seeking family and medical leave benefits in order to care for a family member who is a covered service member, certification including (i) the date on which the serious health condition commenced or is expected to commence, (ii) the probable duration of the condition, (iii) the appropriate medical facts within the knowledge of the health care provider as required by the Commission, (iv) a statement that the claimant is needed to care for the family member, (v) an estimate of the amount of time that the claimant is needed to care for the family member, and (vi) an attestation by the claimant that the health condition is connected to the covered service member's military service as required by this chapter.
   7. 7. For a claimant seeking family and medical leave benefits to seek safety services, a certification including (i) medical records or a statement from a health care provider; (ii) a protection order, police report, or court order; (iii) a statement from a victim services provider; or (iv) other documentation as required by the Commissioner.
3. C. A self-employed person electing coverage within 26 weeks of becoming self-employed will be eligible to receive benefits without a waiting period. A self-employed person who elects coverage after 26 weeks shall be eligible for benefits after a waiting period of 52 weeks before such benefits shall be paid.
4. D. Any medical or health information required under this section shall be confidential and shall not be disclosed except with permission from the claimant providing such information unless disclosure is otherwise required by law. Nothing in this section shall be construed to require a claimant to provide as certification any information from a health care provider that would be in violation of § 32.1-127.1:03, § 1177 of the federal Social Security Act, 42 U.S.C. § 1320d-6, or the regulations promulgated under § 264(c) of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

2026, cc. 981, 1093.