{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-93.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-93.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-93.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-93.5.html"}],"law_id":84987,"edition_id":1,"section_id":84987,"structure_id":14583,"section_number":"44-93.5","catch_line":"Penalties for denial","history":"2002, c. 354; 2004, c. 147; 2007, cc. 167, 214.","full_text":"If any employer fails or refuses to comply with the provisions of \u00a7\u00a7 44-93, 44-93.2, 44-93.3 and 44-93.4, the circuit court having jurisdiction over the employer’s place of business may, upon the filing of a motion, petition, or other appropriate pleading by the employee, require the employer to comply with \u00a7\u00a7 44-93, 44-93.2, 44-93.3 and 44-93.4 and to compensate the employee for any loss of wages or benefits and reasonable attorney fees and costs incurred by reason of the employer’s unlawful failure or refusal. Upon request of the affected employee, the Attorney General may represent personally or through one of his assistants, such employee denied the benefits of \u00a7\u00a7 44-93, 44-93.2, 44-93.3 and 44-93.4 while in the performance of state active duty.","order_by":null,"text":{"0":{"id":304640,"text":"If any employer fails or refuses to comply with the provisions of \u00a7\u00a7 44-93, 44-93.2, 44-93.3 and 44-93.4, the circuit court having jurisdiction over the employer’s place of business may, upon the filing of a motion, petition, or other appropriate pleading by the employee, require the employer to comply with \u00a7\u00a7 44-93, 44-93.2, 44-93.3 and 44-93.4 and to compensate the employee for any loss of wages or benefits and reasonable attorney fees and costs incurred by reason of the employer’s unlawful failure or refusal. Upon request of the affected employee, the Attorney General may represent personally or through one of his assistants, such employee denied the benefits of \u00a7\u00a7 44-93, 44-93.2, 44-93.3 and 44-93.4 while in the performance of state active duty.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-93.5\/","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 2 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 2004, chapter 147<\/a>; in 2007, chapters 167<\/a> and 214<\/a>.<\/p>","references":false,"refers_to":[{"id":85693,"section_number":"44-93","catch_line":"Leaves of absence for employees of Commonwealth or political subdivisions","order_by":null,"url":"\/44-93\/"},{"id":70588,"section_number":"44-93.2","catch_line":"Leaves of absence from nongovernmental employment","order_by":null,"url":"\/44-93.2\/"},{"id":65346,"section_number":"44-93.3","catch_line":"Reemployment rights","order_by":null,"url":"\/44-93.3\/"},{"id":68302,"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","order_by":null,"url":"\/44-93.4\/"}],"permalink":{"id":221633,"object_type":"law","relational_id":84987,"identifier":"44-93.5","token":"44\/1\/10\/44-93.5","url":"\/44-93.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-93.5\/","token":"44\/1\/10\/44-93.5","dublin_core":{"Title":"Penalties for denial","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-93.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If any employer fails or refuses to comply with the provisions of \u00a7\u00a7 44-93<\/a>, 44-93.2<\/a>, 44-93.3<\/a> and 44-93.4<\/a>, the circuit<\/span> court<\/span> having jurisdiction<\/span> over the employer’s place of business may, upon the filing of a motion<\/span>, petition<\/span>, or other appropriate pleading by the employee, require the employer to comply with \u00a7\u00a7 44-93<\/a>, 44-93.2<\/a>, 44-93.3<\/a> and 44-93.4<\/a> and to compensate the employee for any loss of wages or benefits and reasonable attorney fees and costs incurred by reason of the employer’s unlawful failure or refusal. Upon request of the affected employee, the Attorney General<\/span> may represent personally or through one of his assistants, such employee denied the benefits of \u00a7\u00a7 44-93<\/a>, 44-93.2<\/a>, 44-93.3<\/a> and 44-93.4<\/a> while in the performance of state active duty.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES FOR DENIAL (\u00a7 44-93.5)\n\nIf any employer fails or refuses to comply with the provisions of \u00a7\u00a7 44-93,\n44-93.2, 44-93.3 and 44-93.4, the circuit court having jurisdiction over the\nemployer’s place of business may, upon the filing of a motion, petition,\nor other appropriate pleading by the employee, require the employer to comply\nwith \u00a7\u00a7 44-93, 44-93.2, 44-93.3 and 44-93.4 and to compensate the employee for\nany loss of wages or benefits and reasonable attorney fees and costs incurred by\nreason of the employer’s unlawful failure or refusal. Upon request of the\naffected employee, the Attorney General may represent personally or through one\nof his assistants, such employee denied the benefits of \u00a7\u00a7 44-93, 44-93.2,\n44-93.3 and 44-93.4 while in the performance of state active duty.\n\nHISTORY: 2002, c. 354; 2004, c. 147; 2007, cc. 167, 214.","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}}