Virginia has enacted a new employment law protection by adding § 40.1‑27.5 to the Code of Virginia, which prohibits retaliation against employees who miss work to serve as volunteer emergency responders. The law applies to employees who are active members in good standing of recognized volunteer fire departments or volunteer emergency medical services agencies and who are responding to an emergency alarm or serving during a declared state of emergency. Covered employers may not discharge, discipline, threaten, discriminate against, or otherwise retaliate against an employee with respect to compensation, terms, conditions, location, or privileges of employment solely because the employee fails to report to work while performing qualifying volunteer emergency services.
The statute establishes specific conditions employees must satisfy to receive protection. An employee must provide notice to the employer at least one hour before the scheduled start of work that they are responding to an emergency alarm or state of emergency, and employees engaged in multi‑day emergency service must provide notice each day they will be absent. Upon returning to work, the employee must submit an incident report and a certification from the incident commander or official in charge confirming the employee’s active and necessary participation, including the date and time the employee was relieved from service. While employers are not required to compensate employees for time missed under this law, employees may elect to use accrued paid sick leave or other paid leave in lieu of unpaid time off.
The law also clearly defines its limits and enforcement mechanism. Employees classified as “essential employees” by statute or contract are excluded from coverage. Employees who believe they have been subjected to prohibited retaliation may bring a civil action within one year of the alleged violation. Available remedies include injunctive relief, reinstatement to the same or an equivalent position, recovery of lost wages, benefits, and other remuneration with interest, and an award of reasonable attorney fees and costs.
These protections go into effect on July 1, 2026.