{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.7_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.7_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.7_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.7_2.html"}],"law_id":81572,"edition_id":1,"section_id":81572,"structure_id":13640,"section_number":"40.1-28.7:2","catch_line":"Employers to allow crime victims leave to attend criminal proceedings","history":"2007, c. 423.","full_text":"A\n\nAs used in this section:\n\t\t\t“Criminal proceedings” means a proceeding at which the victim has the right or opportunity to appear involving a crime against the victim, including:1\n\nThe initial appearance of the person suspected of committing the criminal offense against the victim;2\n\nAny proceeding in which the court considers the post-arrest release of the person accused of committing a criminal offense against the victim or the conditions of that release;3\n\nAny proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court;4\n\nAny sentencing proceeding;5\n\nAny proceeding in which postconviction release from confinement is considered;6\n\nAny probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation of a person who is convicted of committing a criminal offense against the victim; or7\n\nAny proceeding in which the court is requested to modify the terms of probation or intensive probation of a person if the modification will substantially affect the person’s contact with or safety of the victim or if the modification involves restitution or incarceration status.\n\t\t\t\t“Undue hardship” means a significant difficulty and expense to a business and includes the consideration of the size of the employer’s business and the employer’s critical need of the employee.\n\t\t\t\t“Victim” has the same meaning ascribed to the term in § 19.2-11.01.B\n\nEvery employer shall allow an employee who is a victim of a crime to leave work to be present at all criminal proceedings relating to a crime against the employee, as long as the employee has provided the employer with a copy of the form provided to the employee by the law-enforcement agency pursuant to subsection A of § 19.2-11.01 and, if applicable, provided the employer a copy of the notice of each scheduled criminal proceeding that is provided to the employee as victim. However, an employer may limit the leave provided under this section if the employee’s leave creates an undue hardship to the employer’s business.C\n\nAn employer shall not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to subsection B.D\n\nAn employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to subsection B.E\n\nAn employer shall not refuse to hire or employ, to bar or to discharge from employment, or to discriminate against, an individual in compensation or other terms, conditions, or privileges of employment because the individual leaves work to attend a criminal proceeding pursuant to this section.","order_by":null,"text":{"0":{"id":292143,"text":"As used in this section:\n\t\t\t“Criminal proceedings” means a proceeding at which the victim has the right or opportunity to appear involving a crime against the victim, including:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":292144,"text":"The initial appearance of the person suspected of committing the criminal offense against the victim;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":292145,"text":"Any proceeding in which the court considers the post-arrest release of the person accused of committing a criminal offense against the victim or the conditions of that release;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":292146,"text":"Any proceeding in which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":292147,"text":"Any sentencing proceeding;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":292148,"text":"Any proceeding in which postconviction release from confinement is considered;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":292149,"text":"Any probation revocation disposition proceeding or any proceeding in which the court is requested to terminate the probation of a person who is convicted of committing a criminal offense against the victim; or","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":292150,"text":"Any proceeding in which the court is requested to modify the terms of probation or intensive probation of a person if the modification will substantially affect the person’s contact with or safety of the victim or if the modification involves restitution or incarceration status.\n\t\t\t\t“Undue hardship” means a significant difficulty and expense to a business and includes the consideration of the size of the employer’s business and the employer’s critical need of the employee.\n\t\t\t\t“Victim” has the same meaning ascribed to the term in § 19.2-11.01.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":292151,"text":"Every employer shall allow an employee who is a victim of a crime to leave work to be present at all criminal proceedings relating to a crime against the employee, as long as the employee has provided the employer with a copy of the form provided to the employee by the law-enforcement agency pursuant to subsection A of § 19.2-11.01 and, if applicable, provided the employer a copy of the notice of each scheduled criminal proceeding that is provided to the employee as victim. However, an employer may limit the leave provided under this section if the employee’s leave creates an undue hardship to the employer’s business.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":292152,"text":"An employer shall not dismiss an employee who is a victim of a crime because the employee exercises the right to leave work pursuant to subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"10":{"id":292153,"text":"An employer is not required to compensate an employee who is a victim of a crime when the employee leaves work pursuant to subsection B.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"11":{"id":292154,"text":"An employer shall not refuse to hire or employ, to bar or to discharge from employment, or to discriminate against, an individual in compensation or other terms, conditions, or privileges of employment because the individual leaves work to attend a criminal proceeding pursuant to this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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; 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employer notice to employee","url":"\/40.1-28.7_3\/","token":"40.1\/3\/1\/40.1-28.7_3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-28.7:2\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 423<\/a> 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.<\/p>","references":false,"refers_to":[{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"}],"permalink":{"id":219881,"object_type":"law","relational_id":81572,"identifier":"40.1-28.7:2","token":"40.1\/3\/1\/40.1-28.7_2","url":"\/40.1-28.7_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28.7_2\/","token":"40.1\/3\/1\/40.1-28.7_2","dublin_core":{"Title":"Employers to allow crime victims leave to attend criminal proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.7:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Criminal proceedings<\/span>” means a proceeding at which the victim has the right or opportunity to appear involving a crime<\/span> against the victim, including: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The initial appearance<\/span> of the person suspected of committing the criminal offense<\/span> against the victim; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any proceeding in which the court<\/span> considers the post-arrest<\/span> release of the person accused<\/span> of committing a criminal offense<\/span> against the victim or the conditions of that release; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any proceeding in which a negotiated plea<\/span> for the person accused<\/span> of committing the criminal offense<\/span> against the victim will be presented to the court<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any sentencing proceeding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any proceeding in which postconviction release from confinement is considered; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Any probation<\/span> revocation<\/span> disposition<\/span> proceeding or any proceeding in which the court<\/span> is requested to terminate the probation<\/span> of a person who is convicted of committing a criminal offense<\/span> against the victim; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any proceeding in which the court<\/span> is requested to modify the terms of probation<\/span> or intensive probation<\/span> of a person if the modification will substantially affect the person’s contact with or safety of the victim or if the modification involves restitution<\/span> or incarceration status.\n\t\t\t\t“Undue hardship<\/span>” means a significant difficulty and expense to a business and includes the consideration of the size of the employer<\/span>’s business and the employer<\/span>’s critical need of the employee<\/span>.\n\t\t\t\t“Victim” has the same meaning ascribed to the term in § 19.2-11.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every employer<\/span> shall allow an employee<\/span> who is a victim of a crime<\/span> to leave work to be present at all criminal proceedings<\/span> relating to a crime<\/span> against the employee<\/span>, as long as the employee<\/span> has provided the employer<\/span> with a copy of the form provided to the employee<\/span> by the law<\/span>-enforcement agency pursuant to subsection A of § 19.2-11.01<\/a> and, if applicable, provided the employer<\/span> a copy of the notice of each scheduled criminal proceeding that is provided to the employee<\/span> as victim. However, an employer<\/span> may limit the leave provided under this section if the employee<\/span>’s leave creates an undue hardship<\/span> to the employer<\/span>’s business. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An employer<\/span> shall not dismiss an employee<\/span> who is a victim of a crime<\/span> because the employee<\/span> exercises the right to leave work pursuant to subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An employer<\/span> is not required to compensate an employee<\/span> who is a victim of a crime<\/span> when the employee<\/span> leaves work pursuant to subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An employer<\/span> shall not refuse to hire or employ<\/span>, to bar or to discharge from employment, or to discriminate against, an individual in compensation or other terms, conditions, or privileges<\/span> of employment because the individual leaves work to attend a criminal proceeding pursuant to this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYERS TO ALLOW CRIME VICTIMS LEAVE TO ATTEND CRIMINAL PROCEEDINGS (\u00a7\n40.1-28.7:2)\n\nA. As used in this section:\n\t\t\t“Criminal proceedings” means a proceeding at which the victim has\nthe right or opportunity to appear involving a crime against the victim,\nincluding:\n\n 1. The initial appearance of the person suspected of committing the criminal\n offense against the victim;\n\n 2. Any proceeding in which the court considers the post-arrest release of the\n person accused of committing a criminal offense against the victim or the\n conditions of that release;\n\n 3. Any proceeding in which a negotiated plea for the person accused of\n committing the criminal offense against the victim will be presented to the\n court;\n\n 4. Any sentencing proceeding;\n\n 5. Any proceeding in which postconviction release from confinement is\n considered;\n\n 6. Any probation revocation disposition proceeding or any proceeding in which\n the court is requested to terminate the probation of a person who is convicted\n of committing a criminal offense against the victim; or\n\n 7. Any proceeding in which the court is requested to modify the terms of\n probation or intensive probation of a person if the modification will\n substantially affect the person’s contact with or safety of the victim\n or if the modification involves restitution or incarceration status.\n \t\t\t\t“Undue hardship” means a significant difficulty and expense to\n a business and includes the consideration of the size of the employer’s\n business and the employer’s critical need of the employee.\n \t\t\t\t“Victim” has the same meaning ascribed to the term in §\n 19.2-11.01.\n\nB. Every employer shall allow an employee who is a victim of a crime to leave\nwork to be present at all criminal proceedings relating to a crime against the\nemployee, as long as the employee has provided the employer with a copy of the\nform provided to the employee by the law-enforcement agency pursuant to\nsubsection A of § 19.2-11.01 and, if applicable, provided the employer a\ncopy of the notice of each scheduled criminal proceeding that is provided to the\nemployee as victim. However, an employer may limit the leave provided under this\nsection if the employee’s leave creates an undue hardship to the\nemployer’s business.\n\nC. An employer shall not dismiss an employee who is a victim of a crime because\nthe employee exercises the right to leave work pursuant to subsection B.\n\nD. An employer is not required to compensate an employee who is a victim of a\ncrime when the employee leaves work pursuant to subsection B.\n\nE. An employer shall not refuse to hire or employ, to bar or to discharge from\nemployment, or to discriminate against, an individual in compensation or other\nterms, conditions, or privileges of employment because the individual leaves\nwork to attend a criminal proceeding pursuant to this section.\n\nHISTORY: 2007, c. 423.","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}}