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Virginia splits the question by setting: family day homes run an insure-or-notify regime with a deadline attached, while the center standards impose no liability-insurance mandate at all. A family day home without coverage tells parents in writing before the child’s first day — and if a policy lapses later, written notice goes out within 10 business days. Workers’ comp arrives at more than two employees, with subcontractors’ workers counted toward your total.
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What Virginia Actually Requires
| Coverage | Virginia requirement |
|---|---|
| Family day homes | Insurance or written notice before the first day of care — and notice within 10 business days if coverage lapses (8VAC20-800) |
| Child day centers | No liability-insurance mandate in the center standards (8VAC20-780) |
| Workers’ compensation | Required at more than 2 employees — part-time, seasonal and subcontractors’ employees count (VWC) |
The Ten-Business-Day Clock
Virginia’s home rule has the detail most notice states skip: a deadline on lapses. Coverage that quietly expired doesn’t stay quiet — the provider owes every family written notice within ten business days, which converts an insurance hiccup into a customer-relations event. Centers face no equivalent rule, so their coverage is driven by the northern-Virginia lease market and subsidy participation rather than the standards.
The workers’-comp counting rule is Virginia’s sharpest edge: a husband-and-wife program that brings in a two-person cleaning or food subcontractor is a four-person operation in the Commission’s math — over the line, coverage required, no waivers.
The Coverages Every Daycare Carries Regardless
- General liability with abuse & molestation coverage. The playground injury and the allegation are different claims; a daycare policy without A&M cover is missing the exposure the business is actually judged on.
- Commercial auto if you transport children — a personal policy excludes business use.
- Workers’ compensation once you employ staff (required in Virginia at more than 2 employees, subcontractors’ workers counted).
- Property and contents for the build-out, equipment and food stock.
Parents ask if you’re insured. So do licensors.
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Frequently Asked Questions
Is liability insurance required for a Virginia daycare?
Not for child day centers — the licensing standards (8VAC20-780) contain no liability-insurance mandate. Family day homes must either carry coverage or notify parents in writing before the child’s first day, with written notice within 10 business days if a policy later lapses (8VAC20-800).
When does a Virginia daycare need workers’ comp?
At more than two employees — counting part-time and seasonal staff, and adding subcontractors’ employees to your total, per the Virginia Workers’ Compensation Commission.
Comparing states? See daycare insurance requirements in every state, or the full guide to starting a daycare in Virginia.
Sources
| Source | What it confirms |
|---|---|
| 8VAC20-800 (family day homes) | The insure-or-notify rule and 10-business-day lapse notice |
| 8VAC20-780 (child day centers) | The center standards; no insurance mandate |
| Virginia WCC | The more-than-two rule with subcontractor counting |