§ 40.1-27.1 Discharge of employee for absence due to work-related injury prohibited
It shall be an unfair employment practice for an employer who has established an employment policy of discharging employees who are absent from work for a specified number of days to include in the computation of an employee’s work absence record any day that such employee is absent from work due to a compensable absence under Title 65.2; provided, that such compensable absences can be calculated into an employee’s work record for purposes of discharge after all steps of the excessive absenteeism policy have been exhausted. An employer shall not be held in violation of this section if the employee’s absence exceeds six months or if the employer’s circumstances have changed during such employee’s absence so as to make it impossible or unreasonable not to discharge such employee.
History
This law was first created in 1989. The record of its establishment is cataloged in chapter 572 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 “Acts” aren’t available online.
1989, c. 572.