{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-27.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-27.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-27.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-27.1.html"}],"law_id":54740,"edition_id":1,"section_id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","history":"1989, c. 572.","full_text":"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.","order_by":null,"text":{"0":{"id":200950,"text":"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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13640,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":219807,"object_type":"structure","relational_id":13640,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77584,"structure_id":13640,"section_number":"40.1-22","catch_line":"Safety and Health Codes Commission continued as Safety and Health Codes Board","url":"\/40.1-22\/","token":"40.1\/3\/1\/40.1-22","metadata":false},{"id":67414,"structure_id":13640,"section_number":"40.1-22.1","catch_line":"Governor authorized to enter certain agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":64288,"structure_id":13640,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":66063,"structure_id":13640,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},{"id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},{"id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee's medicinal use of cannabis oil prohibited","url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","metadata":false},{"id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},{"id":68891,"structure_id":13640,"section_number":"40.1-28.01","catch_line":"Nondisclosure or confidentiality agreement; provisions regarding sexual assault or sexual harassment; condition of employment","url":"\/40.1-28.01\/","token":"40.1\/3\/1\/40.1-28.01","metadata":false},{"id":60284,"structure_id":13640,"section_number":"40.1-28.1","catch_line":"Repealed","url":"\/40.1-28.1\/","token":"40.1\/3\/1\/40.1-28.1","metadata":false},{"id":63131,"structure_id":13640,"section_number":"40.1-28.5","catch_line":"Repealed","url":"\/40.1-28.5\/","token":"40.1\/3\/1\/40.1-28.5","metadata":false},{"id":79328,"structure_id":13640,"section_number":"40.1-28.6","catch_line":"Equal pay irrespective of sex","url":"\/40.1-28.6\/","token":"40.1\/3\/1\/40.1-28.6","metadata":false},{"id":68884,"structure_id":13640,"section_number":"40.1-28.7","catch_line":"Repealed","url":"\/40.1-28.7\/","token":"40.1\/3\/1\/40.1-28.7","metadata":false},{"id":64716,"structure_id":13640,"section_number":"40.1-28.7:1","catch_line":"Genetic testing or genetic characteristics as a condition of employment","url":"\/40.1-28.7_1\/","token":"40.1\/3\/1\/40.1-28.7_1","metadata":false},{"id":74612,"structure_id":13640,"section_number":"40.1-28.7:10","catch_line":"Prohibited use of employee's social security number; civil penalty","url":"\/40.1-28.7_10\/","token":"40.1\/3\/1\/40.1-28.7_10","metadata":false},{"id":63600,"structure_id":13640,"section_number":"40.1-28.7:11","catch_line":"Veterans benefits and services poster","url":"\/40.1-28.7_11\/","token":"40.1\/3\/1\/40.1-28.7_11","metadata":false},{"id":81572,"structure_id":13640,"section_number":"40.1-28.7:2","catch_line":"Employers to allow crime victims leave to attend criminal proceedings","url":"\/40.1-28.7_2\/","token":"40.1\/3\/1\/40.1-28.7_2","metadata":false},{"id":55131,"structure_id":13640,"section_number":"40.1-28.7:3","catch_line":"Earned income tax credit; employer notice to employee","url":"\/40.1-28.7_3\/","token":"40.1\/3\/1\/40.1-28.7_3","metadata":false},{"id":54612,"structure_id":13640,"section_number":"40.1-28.7:4","catch_line":"Release of employee's personal identifying information","url":"\/40.1-28.7_4\/","token":"40.1\/3\/1\/40.1-28.7_4","metadata":false},{"id":79093,"structure_id":13640,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","url":"\/40.1-28.7_5\/","token":"40.1\/3\/1\/40.1-28.7_5","metadata":false},{"id":80547,"structure_id":13640,"section_number":"40.1-28.7:6","catch_line":"Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy","url":"\/40.1-28.7_6\/","token":"40.1\/3\/1\/40.1-28.7_6","metadata":false},{"id":81771,"structure_id":13640,"section_number":"40.1-28.7:7","catch_line":"Misclassification of workers","url":"\/40.1-28.7_7\/","token":"40.1\/3\/1\/40.1-28.7_7","metadata":false},{"id":64853,"structure_id":13640,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","url":"\/40.1-28.7_8\/","token":"40.1\/3\/1\/40.1-28.7_8","metadata":false},{"id":58507,"structure_id":13640,"section_number":"40.1-28.7:9","catch_line":"Limiting employees' sharing wage information with other persons prohibited; civil penalty","url":"\/40.1-28.7_9\/","token":"40.1\/3\/1\/40.1-28.7_9","metadata":false}],"previous_section":{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},"next_section":{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and spouses","url":"\/40.1-27.2\/","token":"40.1\/3\/1\/40.1-27.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-27.1\/","history_text":"

This law was first created in 1989. The record of its establishment is cataloged in chapter 572 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1989 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":219829,"object_type":"law","relational_id":54740,"identifier":"40.1-27.1","token":"40.1\/3\/1\/40.1-27.1","url":"\/40.1-27.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","dublin_core":{"Title":"Discharge of employee for absence due to work-related injury prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-27.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

It shall be an unfair employment practice for an employer<\/span> who has established an employment policy of discharging employees<\/span> who are absent from work for a specified number of days to include in the computation of an employee<\/span>’s work absence record any day that such employee<\/span> is absent from work due to a compensable absence under Title 65.2; provided, that such compensable absences can be calculated into an employee<\/span>’s work record for purposes of discharge after all steps of the excessive absenteeism policy have been exhausted. An employer<\/span> shall not be held in violation of this section if the employee<\/span>’s absence exceeds six months or if the employer<\/span>’s circumstances have changed during such employee<\/span>’s absence so as to make it impossible or unreasonable not to discharge such employee<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCHARGE OF EMPLOYEE FOR ABSENCE DUE TO WORK-RELATED INJURY PROHIBITED (\u00a7\n40.1-27.1)\n\nIt shall be an unfair employment practice for an employer who has established an\nemployment policy of discharging employees who are absent from work for a\nspecified number of days to include in the computation of an employee’s\nwork absence record any day that such employee is absent from work due to a\ncompensable absence under Title 65.2; provided, that such compensable absences\ncan be calculated into an employee’s work record for purposes of discharge\nafter all steps of the excessive absenteeism policy have been exhausted. An\nemployer shall not be held in violation of this section if the employee’s\nabsence exceeds six months or if the employer’s circumstances have changed\nduring such employee’s absence so as to make it impossible or unreasonable\nnot to discharge such employee.\n\nHISTORY: 1989, c. 572.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}