The Virginia Assisted Living Association (VALA) appreciates the opportunity to provide comments regarding the Virginia Employment Commission’s Notice of Intended Regulatory Action for the development of regulations implementing Virginia’s Paid Family and Medical Leave (PFML) program. VALA represents assisted living communities across the Commonwealth that provide housing, personal care, medication management, and health-related services to thousands of older adults and individuals with disabilities. Assisted living communities operate continuously, twenty-four hours a day, seven days a week, and must maintain adequate staffing to ensure the health, safety, and well-being of their residents. As the Commission develops these regulations, VALA encourages an implementation approach that fulfills the intent of the legislation while recognizing the unique operational responsibilities of licensed assisted living communities that provide long-term residential care and services to vulnerable Virginians.

Because assisted living communities provide essential personal care, medication management, and supportive services around the clock, staffing challenges can have an immediate impact on resident care. Unlike many industries, assisted living providers cannot reduce operations or postpone services when employees are absent. Communities must continue to meet residents’ daily care needs while maintaining compliance with state licensing requirements, ensuring adequate staffing, and responding to unforeseen employee absences without interrupting services. VALA encourages the Commission to consider these unique operational realities when developing regulations and to provide flexibility wherever the statute allows so that employers can effectively balance employee leave benefits with their ongoing responsibility to provide uninterrupted care to vulnerable Virginians.

VALA also encourages the Commission to develop regulations that minimize unnecessary administrative burdens, particularly for small and medium-sized assisted living communities that often have limited human resources personnel. Many assisted living administrators are responsible for multiple operational functions, including regulatory compliance, human resources, admissions, resident care oversight, and business operations. Regulations should utilize standardized forms, electronic reporting systems, and streamlined documentation requirements whenever possible to reduce administrative complexity while ensuring effective program administration. Coordination with existing documentation requirements under other federal and state employment laws should also be considered to avoid unnecessary duplication and conflicting employer obligations.

As the Commission develops the Paid Family and Medical Leave regulations, clear guidance regarding the interaction between PFML and existing employment laws will be essential. Assisted living providers already administer a variety of federal and state leave requirements, including the federal Family and Medical Leave Act, the Americans with Disabilities Act, workers’ compensation programs, employer-sponsored leave policies, and other statutory leave requirements. Regulations should clearly explain employer responsibilities, documentation expectations, notice requirements, and the coordination of these various leave programs to promote consistent administration and reduce confusion for both employers and employees.

Timely communication regarding employee eligibility determinations and leave benefit determinations will also be critical for assisted living community employers. Assisted living communities must often make immediate staffing decisions to ensure resident care needs continue to be met. Prompt claim determinations, efficient communication between the Commission and employers, clearly defined documentation timelines, and an effective appeals process will help employers appropriately plan staffing while providing employees with timely access to program benefits.

VALA supports reasonable verification standards that protect the integrity of the Paid Family and Medical Leave program while avoiding unnecessary burdens on employees with legitimate claims. Appropriate safeguards against fraud and misuse will help preserve public confidence in the program while ensuring that benefits remain available for individuals who qualify under the law. Regulations should seek to strike an appropriate balance between program integrity and efficient access to benefits.

Because this program represents a significant new benefit for both employers and employees, VALA encourages the Commission to place a strong emphasis on education and outreach prior to implementation. Employer guidance documents, frequently asked questions, webinars, model notices, sample policies, and implementation checklists will greatly assist employers in understanding their obligations and complying with the new requirements. Early and ongoing educational efforts will help reduce confusion, improve compliance, and promote consistent administration throughout the Commonwealth.

VALA also encourages the Commission to provide employers with sufficient time following adoption of the final regulations to implement necessary operational changes before program requirements become employers are expected to comply with the final regulations. Employers will need adequate time to update employee handbooks, payroll systems, leave policies, internal procedures, and staff training programs. Providing meaningful implementation time after regulations are finalized will facilitate smoother compliance and reduce administrative challenges.

Finally, VALA encourages the Commission to recognize the ongoing workforce shortages affecting Virginia’s assisted living communities. Recruiting and retaining qualified nurses, medication aides, direct care staff, dietary personnel, and other essential employees remain one of the industry’s greatest challenges. Extended employee absences frequently require communities to rely upon overtime, temporary staffing agencies, shift incentives, or other costly staffing solutions to maintain continuity of resident care. As regulations are developed, VALA encourages the Commission to consider implementation approaches that support employees’ access to paid family and medical leave while also recognizing the operational realities of licensed assisted living communities responsible for delivering continuous care to vulnerable populations. Staffing shortages in assisted living communities not only affect employers but also have the potential to impact continuity of care, resident relationships, and workforce stability.

VALA believes thoughtful implementation of the Paid Family and Medical Leave program can successfully balance the important objectives of supporting Virginia’s workforce while recognizing the unique responsibilities of assisted living communities to provide safe, uninterrupted care and services to residents throughout the Commonwealth. Because the Paid Family and Medical Leave program will affect employers of varying sizes and industries across the Commonwealth, continued stakeholder engagement will help ensure the final regulations are practical, understandable, and capable of consistent implementation. VALA appreciates the opportunity to provide comments during this early stage of the regulatory process and looks forward to participating in future stakeholder discussions as draft regulations are developed.