Virginia Leave Laws
No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract.
Jury Duty Leave
Virginia leave laws do not require employers to pay employees any wages for the time spent complying with a jury summons or serving on a jury, but has to provide employees unpaid leave to perform their jury duties.
An employer may not discharge, threaten, coerce, or penalize an employee for complying with a jury summons or serving on a jury.
An employer may not require an employee who is summoned and appears for jury duty for four (4) or more hours in one day, including travel time, to start any work shift that begins on or after 5:00 p.m. on the day of his appearance for jury duty or begins before 3:00 a.m. on the day following the day of his appearance for jury duty.
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Virginia has no voting leave statute or state law requiring employers to provide employees with both paid or unpaid time off to vote.
Virginia law requires an employer to provide an employee time off to serve as an election officer if the employee has given reasonable notice of the need for leave. The leave does not need to be paid, however, an employer may not require an employee that takes time off to serve as an election official to use vacation or sick leave. If an employee serves as an election officer for four or more hours, including travel time, on a given day, he or she may not be required to start a shift that begins on or after 5:00 p.m. on the day of service as an election official or after 3:00 a.m. on the day following the day of service.
An employer that fails to permit an employee to take time off to serve as an election officer commits a Class 3 misdemeanor. Virginia Stat. 24.2-118.1
Virginia law provides rights and benefits to members of the Virginia National Guard, the Virginia Defense Force, or the Naval Militia who serve state active duty or military duty, in addition to Uniformed Services Employment and Reemployment Rights Act (USERRA).
– These military service members are entitled to unpaid leave if they are called to state or military active duty. Employers may not require the use of any type of accrued paid leave during a period of active service. However, an employee forfeits reemployment rights when the cumulative length of leave for military duty exceeds five years.
– An employer may not discriminate against any employee for his or her connection or membership with these organizations.