Leave - Virginia

Jury duty

Virginia law provides that employers must not discharge or take any adverse personnel again against employees who are called to jury duty. Employees must not be required to use sick leave or vacation for the time off upon providing reasonable notice to their employer. Employees must not be required to start any work shift that begins on or after 5:00 p.m. on the day of their appearance for jury duty or begins before 3:00 a.m. on the day following the day of his appearance for jury duty. Any employer violating the provisions of this section is guilty of a Class 3 misdemeanor.

Voting

Virginia doesn’t have a time-off-for-voting provision.

Appear in court

Virginia law provides that employers must not discharge or take any adverse personnel again against employees who are summoned or subpoenaed to appear in any court of law or equity.  Employees must not be required to use sick leave or vacation for the time off upon providing reasonable notice to their employer. Employers are not required to compensate employees for the time off. Violation of these provisions incurs a possible Class 3 misdemeanor.

Leave for crime victims

The Virginia statutes require employers to allow an employee who has been a crime victim to leave work to attend all criminal proceedings relating to the crime against the employee. Employers may not limit the leave unless they can show the leave would create an undue hardship on the business.

An undue hardship is a significant difficulty and expense to a business and includes the consideration of the size of the business and the employer's critical need of the employee.

Employers need not compensate employees who take leave under this provision. Employees are to provide a copy of the form given by the law enforcement agency and, if applicable, a copy of the notice of each scheduled criminal proceeding.