{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-93.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-93.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-93.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-93.html"}],"law_id":85693,"edition_id":1,"section_id":85693,"structure_id":14583,"section_number":"44-93","catch_line":"Leaves of absence for employees of Commonwealth or political subdivisions","history":"1930, p. 966; Michie Code 1942, \u00a7 2673(78); 1958, c. 393; 1964, c. 227; 1966, c. 295; 1968, c. 503; 1983, c. 590; 1984, c. 540; 1985, c. 103; 1986, c. 611; 1989, cc. 414, 474; 1991, c. 653; 2002, cc. 212, 354; 2006, c. 621; 2015, c. 221; 2022, c. 430; 2024, cc. 184, 239.","full_text":"A\n\nAll officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are former members of the armed services or members of the organized reserve forces of any of the armed services of the United States or National Guard shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of § 44-75.1 or 44-78.1.\n\t\t\tThere shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed 21 workdays per federal fiscal year, unless such officer or employee is a professional firefighter, and except that no officers or employees shall receive paid leave for more than 21 workdays per federally funded tour of active military duty. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter shall receive paid leaves of absence for all work hours for which a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter is engaged in federally funded military duty, to include training duty, or is called forth by the Governor pursuant to the provisions of § 44-75.1 or 44-78.1.\n\t\t\tWhen relieved from any such duty, officers and employees described in this section 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 in a comparable vacant position for which they are qualified, unless to do so would be unreasonable.\n\t\t\tFor the purposes of this section, with respect to employees of the Commonwealth or its political subdivisions who do not normally work approximately equal workdays on five or more days of each calendar week, the term “workday” shall mean 1\/260 of the total working hours such employee would be scheduled to work during an entire federal fiscal year, not taking into account any state holidays, annual leave, military leave, or other absences. Where such employee returns from federally funded military duty and the eight-hour rest period required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § 4301 et seq.) overlaps such employee’s scheduled work shift, the employee shall receive paid military leave to the extent of such overlap.B\n\nIn addition to the provisions of subsection A, any local government may pay such employee when activated for federally funded military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally funded duty.","order_by":null,"text":{"0":{"id":306947,"text":"All officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are former members of the armed services or members of the organized reserve forces of any of the armed services of the United States or National Guard shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of § 44-75.1 or 44-78.1.\n\t\t\tThere shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed 21 workdays per federal fiscal year, unless such officer or employee is a professional firefighter, and except that no officers or employees shall receive paid leave for more than 21 workdays per federally funded tour of active military duty. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter shall receive paid leaves of absence for all work hours for which a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter is engaged in federally funded military duty, to include training duty, or is called forth by the Governor pursuant to the provisions of § 44-75.1 or 44-78.1.\n\t\t\tWhen relieved from any such duty, officers and employees described in this section 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 in a comparable vacant position for which they are qualified, unless to do so would be unreasonable.\n\t\t\tFor the purposes of this section, with respect to employees of the Commonwealth or its political subdivisions who do not normally work approximately equal workdays on five or more days of each calendar week, the term “workday” shall mean 1\/260 of the total working hours such employee would be scheduled to work during an entire federal fiscal year, not taking into account any state holidays, annual leave, military leave, or other absences. Where such employee returns from federally funded military duty and the eight-hour rest period required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § 4301 et seq.) overlaps such employee’s scheduled work shift, the employee shall receive paid military leave to the extent of such overlap.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":306948,"text":"In addition to the provisions of subsection A, any local government may pay such employee when activated for federally funded military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally funded duty.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-93\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 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 1958, chapter 393; in 1964, chapter 227; in 1966, chapter 295; in 1968, chapter 503; in 1983, chapter 590; in 1984, chapter 540; in 1985, chapter 103; in 1986, chapter 611; in 1989, chapters 414 and 474; in 1991, chapter 653; in 2002, chapters 212<\/a> and 354<\/a>; in 2006, chapter 621<\/a>; in 2015, chapter 221<\/a>; in 2022, chapter 430<\/a>; in 2024, chapters 184<\/a> and 239<\/a>.<\/p>","references":[{"id":75472,"section_number":"2.2-1201","catch_line":"Duties of Department; Director","order_by":null,"url":"\/2.2-1201\/"},{"id":72727,"section_number":"44-93.1","catch_line":"Supplement of military pay and additional life insurance benefits for employees of Commonwealth or political subdivisions","order_by":null,"url":"\/44-93.1\/"},{"id":84987,"section_number":"44-93.5","catch_line":"Penalties for denial","order_by":null,"url":"\/44-93.5\/"}],"refers_to":[{"id":69493,"section_number":"44-75.1","catch_line":"Militia state active duty","order_by":null,"url":"\/44-75.1\/"},{"id":65488,"section_number":"44-78.1","catch_line":"Request for assistance by localities","order_by":null,"url":"\/44-78.1\/"}],"permalink":{"id":221613,"object_type":"law","relational_id":85693,"identifier":"44-93","token":"44\/1\/10\/44-93","url":"\/44-93\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-93\/","token":"44\/1\/10\/44-93","dublin_core":{"Title":"Leaves of absence for employees of Commonwealth or political subdivisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-93","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> All officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are former members of the armed services or members of the organized reserve forces of any of the armed services of the United States or National Guard shall be entitled to leaves of absence from their respective duties, without loss of seniority, accrued leave, or efficiency rating, on all days during which they are engaged in federally funded military duty, to include training duty, or when called forth by the Governor pursuant to the provisions of § 44-75.1<\/a> or 44-78.1<\/a>.\n\t\t\tThere shall be no loss of regular employer pay during such leaves of absence, except that paid leaves of absence for federally funded military duty, to include training duty, shall not exceed 21 workdays<\/span> per federal fiscal year, unless such officer or employee is a professional firefighter, and except that no officers or employees shall receive paid leave for more than 21 workdays<\/span> per federally funded tour of active military duty. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter shall receive paid leaves of absence for all work hours for which a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays<\/span> per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter is engaged in federally funded military duty, to include training duty, or is called forth by the Governor pursuant to the provisions of § 44-75.1<\/a> or 44-78.1<\/a>.\n\t\t\tWhen relieved from any such duty, officers and employees described in this section 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 in a comparable vacant position for which they are qualified, unless to do so would be unreasonable.\n\t\t\tFor the purposes of this section, with respect to employees of the Commonwealth or its political subdivisions who do not normally work approximately equal workdays<\/span> on five or more days of each calendar week, the term “workday<\/span>” shall mean 1\/260 of the total working hours such employee would be scheduled to work during an entire federal fiscal year, not taking into account any state holidays, annual leave, military leave, or other absences. Where such employee returns from federally funded military duty and the eight-hour rest period required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § 4301 et seq.) overlaps such employee’s scheduled work shift, the employee shall receive paid military leave to the extent of such overlap. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to the provisions of subsection A, any local government may pay such employee when activated for federally funded military duty all or any portion of the difference between his regular pay and the military pay received during all or any part of the term of active federally funded duty. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLEAVES OF ABSENCE FOR EMPLOYEES OF COMMONWEALTH OR POLITICAL SUBDIVISIONS (\u00a7\n44-93)\n\nA. All officers and employees of the Commonwealth or of any political\nsubdivision of the Commonwealth who are former members of the armed services or\nmembers of the organized reserve forces of any of the armed services of the\nUnited States or National Guard shall be entitled to leaves of absence from\ntheir respective duties, without loss of seniority, accrued leave, or efficiency\nrating, on all days during which they are engaged in federally funded military\nduty, to include training duty, or when called forth by the Governor pursuant to\nthe provisions of § 44-75.1 or 44-78.1.\n\t\t\tThere shall be no loss of regular employer pay during such leaves of absence,\nexcept that paid leaves of absence for federally funded military duty, to\ninclude training duty, shall not exceed 21 workdays per federal fiscal year,\nunless such officer or employee is a professional firefighter, and except that\nno officers or employees shall receive paid leave for more than 21 workdays per\nfederally funded tour of active military duty. Any officer or employee of the\nCommonwealth or of any political subdivision of the Commonwealth who is a\nprofessional firefighter shall receive paid leaves of absence for all work hours\nfor which a leave of absence is required, regardless of whether such amount of\nwork hours exceeds 21 workdays per federal fiscal year but shall not exceed a\ntotal of 388 work hours, during which such officer or employee who is a\nprofessional firefighter is engaged in federally funded military duty, to\ninclude training duty, or is called forth by the Governor pursuant to the\nprovisions of § 44-75.1 or 44-78.1.\n\t\t\tWhen relieved from any such duty, officers and employees described in this\nsection shall be restored to positions held by them when ordered to duty. If the\noffice or position has been abolished or otherwise has ceased to exist during\nsuch leave of absence, they shall be reinstated in a position of like seniority,\nstatus, and pay, if the position exists, or in a comparable vacant position for\nwhich they are qualified, unless to do so would be unreasonable.\n\t\t\tFor the purposes of this section, with respect to employees of the\nCommonwealth or its political subdivisions who do not normally work\napproximately equal workdays on five or more days of each calendar week, the\nterm “workday” shall mean 1\/260 of the total working hours such\nemployee would be scheduled to work during an entire federal fiscal year, not\ntaking into account any state holidays, annual leave, military leave, or other\nabsences. Where such employee returns from federally funded military duty and\nthe eight-hour rest period required by the Uniformed Services Employment and\nReemployment Rights Act (38 U.S.C. § 4301 et seq.) overlaps such\nemployee’s scheduled work shift, the employee shall receive paid military\nleave to the extent of such overlap.\n\nB. In addition to the provisions of subsection A, any local government may pay\nsuch employee when activated for federally funded military duty all or any\nportion of the difference between his regular pay and the military pay received\nduring all or any part of the term of active federally funded duty.\n\nHISTORY: 1930, p. 966; Michie Code 1942, \u00a7 2673(78); 1958, c. 393; 1964, c.\n227; 1966, c. 295; 1968, c. 503; 1983, c. 590; 1984, c. 540; 1985, c. 103; 1986,\nc. 611; 1989, cc. 414, 474; 1991, c. 653; 2002, cc. 212, 354; 2006, c. 621;\n2015, c. 221; 2022, c. 430; 2024, cc. 184, 239.","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}}