{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-28.7_6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-28.7_6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-28.7_6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-28.7_6.html"}],"law_id":80547,"edition_id":1,"section_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","history":"2018, c. 277.","full_text":"A\n\nAny employee who is a volunteer member of the Civil Air Patrol shall be entitled to leaves of absence from his employment without loss of seniority, accrued leave, benefits, or efficiency rating on all days during which such employee is (i) engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays per federal fiscal year, or (ii) responding to an emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays per federal fiscal year.B\n\nAny employee requesting leave pursuant to this section shall provide (i) certification that the employee has been authorized by the United States Air Force, the Governor, or a department, division, agency, or political subdivision of the state to respond to or train for an emergency mission and (ii) verification from the Civil Air Patrol of the emergency need of the employee’s volunteer service.C\n\nAn employer may treat leaves of absence pursuant to this section as unpaid leave. No employer shall require an employee to exhaust any other leave to which the employee is entitled prior to such leaves of absence. Nothing in this subsection shall be construed to prevent an employer from providing paid leave during such leaves of absence.D\n\nAny employee aggrieved by a violation of any provision of this section may bring a civil action to enforce such provision. Any employee who is successful in such action shall be entitled to recover only lost wages, reasonable attorney fees, and court costs incurred in such action.","order_by":null,"text":{"0":{"id":288563,"text":"Any employee who is a volunteer member of the Civil Air Patrol shall be entitled to leaves of absence from his employment without loss of seniority, accrued leave, benefits, or efficiency rating on all days during which such employee is (i) engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays per federal fiscal year, or (ii) responding to an emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays per federal fiscal year.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288564,"text":"Any employee requesting leave pursuant to this section shall provide (i) certification that the employee has been authorized by the United States Air Force, the Governor, or a department, division, agency, or political subdivision of the state to respond to or train for an emergency mission and (ii) verification from the Civil Air Patrol of the emergency need of the employee’s volunteer service.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288565,"text":"An employer may treat leaves of absence pursuant to this section as unpaid leave. No employer shall require an employee to exhaust any other leave to which the employee is entitled prior to such leaves of absence. Nothing in this subsection shall be construed to prevent an employer from providing paid leave during such leaves of absence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":288566,"text":"Any employee aggrieved by a violation of any provision of this section may bring a civil action to enforce such provision. Any employee who is successful in such action shall be entitled to recover only lost wages, reasonable attorney fees, and court costs incurred in such action.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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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This law was first created in 2018. The record of its establishment is cataloged in chapter 277<\/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":false,"permalink":{"id":219897,"object_type":"law","relational_id":80547,"identifier":"40.1-28.7:6","token":"40.1\/3\/1\/40.1-28.7_6","url":"\/40.1-28.7_6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-28.7_6\/","token":"40.1\/3\/1\/40.1-28.7_6","dublin_core":{"Title":"Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-28.7:6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any employee<\/span> who is a volunteer member of the Civil Air Patrol shall be entitled to leaves of absence from his employment without loss of seniority, accrued leave, benefits, or efficiency rating on all days during which such employee<\/span> is (i) engaged in training for emergency missions with the Civil Air Patrol, not to exceed 10 workdays per federal fiscal year, or (ii) responding to an emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays per federal fiscal year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any employee<\/span> requesting leave pursuant to this section shall provide (i) certification that the employee<\/span> has been authorized by the United States Air Force, the Governor, or a department<\/span>, division, agency, or political subdivision of the state to respond to or train for an emergency mission and (ii) verification from the Civil Air Patrol of the emergency need of the employee<\/span>’s volunteer service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An employer<\/span> may treat leaves of absence pursuant to this section as unpaid leave. No employer<\/span> shall require an employee<\/span> to exhaust any other leave to which the employee<\/span> is entitled prior to such leaves of absence. Nothing in this subsection shall be construed to prevent an employer<\/span> from providing paid leave during such leaves of absence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any employee<\/span> aggrieved by a violation of any provision of this section may bring a civil action<\/span> to enforce such provision. Any employee<\/span> who is successful in such action shall be entitled to recover only lost wages, reasonable attorney fees, and court<\/span> costs incurred in such action. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYERS TO ALLOW LEAVE FOR VOLUNTEER MEMBERS OF CIVIL AIR PATROL; CIVIL REMEDY\n(\u00a7 40.1-28.7:6)\n\nA. Any employee who is a volunteer member of the Civil Air Patrol shall be\nentitled to leaves of absence from his employment without loss of seniority,\naccrued leave, benefits, or efficiency rating on all days during which such\nemployee is (i) engaged in training for emergency missions with the Civil Air\nPatrol, not to exceed 10 workdays per federal fiscal year, or (ii) responding to\nan emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays\nper federal fiscal year.\n\nB. Any employee requesting leave pursuant to this section shall provide (i)\ncertification that the employee has been authorized by the United States Air\nForce, the Governor, or a department, division, agency, or political subdivision\nof the state to respond to or train for an emergency mission and (ii)\nverification from the Civil Air Patrol of the emergency need of the\nemployee’s volunteer service.\n\nC. An employer may treat leaves of absence pursuant to this section as unpaid\nleave. No employer shall require an employee to exhaust any other leave to which\nthe employee is entitled prior to such leaves of absence. Nothing in this\nsubsection shall be construed to prevent an employer from providing paid leave\nduring such leaves of absence.\n\nD. Any employee aggrieved by a violation of any provision of this section may\nbring a civil action to enforce such provision. Any employee who is successful\nin such action shall be entitled to recover only lost wages, reasonable attorney\nfees, and court costs incurred in such action.\n\nHISTORY: 2018, c. 277.","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}}