{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-93.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-93.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-93.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-93.3.html"}],"law_id":65346,"edition_id":1,"section_id":65346,"structure_id":14583,"section_number":"44-93.3","catch_line":"Reemployment rights","history":"2002, c. 354; 2007, cc. 167, 214; 2010, c. 253; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 327; 2018, c. 216.","full_text":"Upon honorable release from state active duty or military duty pursuant to Title 32 of the United States Code, a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state and who was previously employed in the Commonwealth, shall make written application to his previous employer for reemployment within (i) 14 days of his release from duty or from hospitalization following release if the length of the member’s absence by reason of service in the uniformed services does not exceed 180 days or (ii) 90 days of his release from duty or from hospitalization following release if the length of the member’s absence by reason of service in the uniformed services exceeds 180 days. When released from such duty, they shall be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist during such leave of absence, they shall be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable. This section shall not apply when the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services exceeds five years.","order_by":null,"text":{"0":{"id":237605,"text":"Upon honorable release from state active duty or military duty pursuant to Title 32 of the United States Code, a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state and who was previously employed in the Commonwealth, shall make written application to his previous employer for reemployment within (i) 14 days of his release from duty or from hospitalization following release if the length of the member’s absence by reason of service in the uniformed services does not exceed 180 days or (ii) 90 days of his release from duty or from hospitalization following release if the length of the member’s absence by reason of service in the uniformed services exceeds 180 days. When released from such duty, they shall be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist during such leave of absence, they shall be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable. This section shall not apply when the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services exceeds five years.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14583,"edition_id":1,"name":"Privileges of United States Reserve, National Guard, and Naval Militia","identifier":"10","label":"article","depth":3,"order_by":1,"parent_id":13447,"metadata":{},"date_created":"2026-06-26 03:48:46","date_modified":"2026-06-26 03:48:46","permalink":{"id":221587,"object_type":"structure","relational_id":14583,"identifier":"10","token":"44\/1\/10","url":"\/44\/1\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13447,"edition_id":1,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221551,"object_type":"structure","relational_id":13447,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68421,"structure_id":14583,"section_number":"44-100","catch_line":"No action allowed on account of military duties; counsel for members sued or prosecuted","url":"\/44-100\/","token":"44\/1\/10\/44-100","metadata":false},{"id":61919,"structure_id":14583,"section_number":"44-101","catch_line":"Repealed","url":"\/44-101\/","token":"44\/1\/10\/44-101","metadata":false},{"id":77992,"structure_id":14583,"section_number":"44-102","catch_line":"Commission not to vacate civil office","url":"\/44-102\/","token":"44\/1\/10\/44-102","metadata":false},{"id":68646,"structure_id":14583,"section_number":"44-102.1","catch_line":"Rights, benefits and protections upon call to active duty; contract termination","url":"\/44-102.1\/","token":"44\/1\/10\/44-102.1","metadata":false},{"id":59625,"structure_id":14583,"section_number":"44-102.1:1","catch_line":"Benefits upon call to active duty under a state of emergency; health care premiums","url":"\/44-102.1_1\/","token":"44\/1\/10\/44-102.1_1","metadata":false},{"id":58911,"structure_id":14583,"section_number":"44-102.2","catch_line":"Virginia Military Family Relief Fund established","url":"\/44-102.2\/","token":"44\/1\/10\/44-102.2","metadata":false},{"id":85693,"structure_id":14583,"section_number":"44-93","catch_line":"Leaves of absence for employees of Commonwealth or political subdivisions","url":"\/44-93\/","token":"44\/1\/10\/44-93","metadata":false},{"id":72727,"structure_id":14583,"section_number":"44-93.1","catch_line":"Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions","url":"\/44-93.1\/","token":"44\/1\/10\/44-93.1","metadata":false},{"id":70588,"structure_id":14583,"section_number":"44-93.2","catch_line":"Leaves of absence from nongovernmental employment","url":"\/44-93.2\/","token":"44\/1\/10\/44-93.2","metadata":false},{"id":65346,"structure_id":14583,"section_number":"44-93.3","catch_line":"Reemployment rights","url":"\/44-93.3\/","token":"44\/1\/10\/44-93.3","metadata":false},{"id":68302,"structure_id":14583,"section_number":"44-93.4","catch_line":"Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited","url":"\/44-93.4\/","token":"44\/1\/10\/44-93.4","metadata":false},{"id":84987,"structure_id":14583,"section_number":"44-93.5","catch_line":"Penalties for denial","url":"\/44-93.5\/","token":"44\/1\/10\/44-93.5","metadata":false},{"id":67986,"structure_id":14583,"section_number":"44-94","catch_line":"Exemption from jury duty","url":"\/44-94\/","token":"44\/1\/10\/44-94","metadata":false},{"id":61244,"structure_id":14583,"section_number":"44-95","catch_line":"Repealed","url":"\/44-95\/","token":"44\/1\/10\/44-95","metadata":false},{"id":60716,"structure_id":14583,"section_number":"44-96","catch_line":"Military property exempt from levy and sale","url":"\/44-96\/","token":"44\/1\/10\/44-96","metadata":false},{"id":62526,"structure_id":14583,"section_number":"44-97","catch_line":"Exemption from arrest","url":"\/44-97\/","token":"44\/1\/10\/44-97","metadata":false},{"id":78460,"structure_id":14583,"section_number":"44-97.1","catch_line":"Continuance or time for filing pleading, etc., where party or attorney is on active duty","url":"\/44-97.1\/","token":"44\/1\/10\/44-97.1","metadata":false},{"id":65025,"structure_id":14583,"section_number":"44-98","catch_line":"Interference with employment of members of Virginia National Guard or Virginia Defense Force","url":"\/44-98\/","token":"44\/1\/10\/44-98","metadata":false},{"id":56079,"structure_id":14583,"section_number":"44-99","catch_line":"Organizations may own property; suits","url":"\/44-99\/","token":"44\/1\/10\/44-99","metadata":false}],"previous_section":{"id":70588,"structure_id":14583,"section_number":"44-93.2","catch_line":"Leaves of absence from nongovernmental employment","url":"\/44-93.2\/","token":"44\/1\/10\/44-93.2","metadata":false},"next_section":{"id":68302,"structure_id":14583,"section_number":"44-93.4","catch_line":"Discrimination against persons who serve in the Virginia National Guard, Virginia Defense Force, or National Guard of another state and acts of reprisal prohibited","url":"\/44-93.4\/","token":"44\/1\/10\/44-93.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-93.3\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 354<\/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. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapters 167<\/a> and 214<\/a>; in 2010, chapter 253<\/a>; in 2011, chapters 572<\/a> and 586<\/a>; in 2015, chapter 221<\/a>; in 2016, chapter 327<\/a>; in 2018, chapter 216<\/a>.<\/p>","references":[{"id":84987,"section_number":"44-93.5","catch_line":"Penalties for denial","order_by":null,"url":"\/44-93.5\/"}],"refers_to":false,"permalink":{"id":221625,"object_type":"law","relational_id":65346,"identifier":"44-93.3","token":"44\/1\/10\/44-93.3","url":"\/44-93.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-93.3\/","token":"44\/1\/10\/44-93.3","dublin_core":{"Title":"Reemployment rights","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-93.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon honorable release from state active duty or military duty pursuant to Title 32 of the United States Code, a member of the Virginia National Guard or Virginia Defense Force, or a person who is a member of the National Guard of another state and who was previously employed in the Commonwealth, shall make written application to his previous employer for reemployment within (i) 14 days of his release from duty or from hospitalization following release if the length of the member’s absence by reason of service in the uniformed services does not exceed 180 days or (ii) 90 days of his release from duty or from hospitalization following release if the length of the member’s absence by reason of service in the uniformed services exceeds 180 days. When released from such duty, they shall be restored to positions held by them when ordered to duty. If the office or position has been abolished or otherwise has ceased to exist during such leave of absence, they shall be reinstated in a position of like seniority, status and pay if the position exists, or to a comparable vacant position for which they are qualified, unless to do so would be unreasonable. This section shall not apply when the cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services exceeds five years.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREEMPLOYMENT RIGHTS (\u00a7 44-93.3)\n\nUpon honorable release from state active duty or military duty pursuant to Title\n32 of the United States Code, a member of the Virginia National Guard or\nVirginia Defense Force, or a person who is a member of the National Guard of\nanother state and who was previously employed in the Commonwealth, shall make\nwritten application to his previous employer for reemployment within (i) 14 days\nof his release from duty or from hospitalization following release if the length\nof the member’s absence by reason of service in the uniformed services\ndoes not exceed 180 days or (ii) 90 days of his release from duty or from\nhospitalization following release if the length of the member’s absence by\nreason of service in the uniformed services exceeds 180 days. When released from\nsuch duty, they shall be restored to positions held by them when ordered to\nduty. If the office or position has been abolished or otherwise has ceased to\nexist during such leave of absence, they shall be reinstated in a position of\nlike seniority, status and pay if the position exists, or to a comparable vacant\nposition for which they are qualified, unless to do so would be unreasonable.\nThis section shall not apply when the cumulative length of the absence and of\nall previous absences from a position of employment with that employer by reason\nof service in the uniformed services exceeds five years.\n\nHISTORY: 2002, c. 354; 2007, cc. 167, 214; 2010, c. 253; 2011, cc. 572, 586;\n2015, c. 221; 2016, c. 327; 2018, c. 216.","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}}