{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-413.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-413.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-413.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-413.1.html"}],"law_id":75108,"edition_id":1,"section_id":75108,"structure_id":16696,"section_number":"8.01-413.1","catch_line":"Certain copies of employment records or papers admissible; right of employee or his attorney to copies of such records or papers; subpoena; damages, costs and attorney’s fees","history":"1987, c. 503; 2019, c. 733.","full_text":"A\n\nIn any case where the original wage or salary records or papers of any employee are admissible or would be admissible as evidence, any typewritten copy, photograph, photostatic copy, or microphotograph thereof shall be admissible as evidence in any court of this Commonwealth in like manner as the original, provided the typewritten copy, photograph, photostatic copy or microphotograph is properly authenticated by the individual who would have authority to release or produce in court the original records. Any employer whose records or papers relating to any such employee are subpoenaed for production may comply with the subpoena by a timely mailing to the clerk issuing the subpoena properly authenticated copies, photographs or microphotographs in lieu of the originals. The court whose clerk issued the subpoena may, after notice to such employer, enter an order requiring production of the originals, if available, of any records or papers whose copies, photographs or microphotographs are not sufficiently legible. The party requesting the subpoena shall be liable for the reasonable charges of the employer for copying and mailing the items produced.B\n\nEvery employer shall, upon receipt of a written request from a current or former employee or employee’s attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee’s dates of employment with the employer; (ii) the employee’s wages or salary during the employment; (iii) the employee’s job description and job title during the employment; and (iv) any injuries sustained by the employee during the course of the employment with the employer. Such records or papers shall be provided within 30 days of receipt of such a written request.\n\t\t\tIf the employer is unable to provide such records or papers within 30 days, the employer shall notify the requester of such records or papers in writing of the reason for the delay and shall have no more than 30 days after the date of such written notice to comply with such request. If the records or papers are kept in paper or hard copy format, the employer may charge a reasonable fee per page for copying. If the records or papers are kept in electronic format, the employer may charge a reasonable fee for the electronic records.C\n\nUpon failure of any employer to comply with a written request made in accordance with subsection B, the employee or his attorney may cause a subpoena duces tecum to be issued. The subpoena may be issued (i) upon filing a request therefor with the clerk of the circuit court wherein any eventual suit would be required to be filed and upon payment of the fees required by subdivision A 18 of § 17.1-275 and fees for service or (ii) by the employee’s attorney in a pending civil case in accordance with § 8.01-407 without payment of the fees established in subdivision A 23 of § 17.1-275.D\n\nIf the court finds that an employer willfully refused to comply with a written request made in accordance with subsection B, either (i) by failing to respond to a second or subsequent written request, properly submitted by the employee in writing, without good cause or (ii) by imposing a charge in excess of the reasonable expense of making the copies and processing the request for records or papers, the court may award damages for all expenses incurred by the employee to obtain such copies, including a refund of fees if payment has been made for such copies, court costs, and reasonable attorney fees.E\n\nThe provisions of this section shall not require copies of an employee’s records or papers to be furnished to such employee when the employee’s treating physician or clinical psychologist, in the exercise of his professional judgment, has made a part of the employee’s records or papers a written statement that in his opinion the furnishing to or review by the employee of such records or papers would be reasonably likely to endanger the life or physical safety of the employee or another person, or that such records or papers make reference to a person, other than a health care provider, and the access requested would be reasonably likely to cause substantial harm to such referenced person. In any such case, if requested by the employee or his attorney or authorized insurer, such records or papers shall be furnished within 30 days of the date of such request to the employee’s attorney or authorized insurer, rather than to the employee.","order_by":null,"text":{"0":{"id":269766,"text":"In any case where the original wage or salary records or papers of any employee are admissible or would be admissible as evidence, any typewritten copy, photograph, photostatic copy, or microphotograph thereof shall be admissible as evidence in any court of this Commonwealth in like manner as the original, provided the typewritten copy, photograph, photostatic copy or microphotograph is properly authenticated by the individual who would have authority to release or produce in court the original records. Any employer whose records or papers relating to any such employee are subpoenaed for production may comply with the subpoena by a timely mailing to the clerk issuing the subpoena properly authenticated copies, photographs or microphotographs in lieu of the originals. The court whose clerk issued the subpoena may, after notice to such employer, enter an order requiring production of the originals, if available, of any records or papers whose copies, photographs or microphotographs are not sufficiently legible. The party requesting the subpoena shall be liable for the reasonable charges of the employer for copying and mailing the items produced.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269767,"text":"Every employer shall, upon receipt of a written request from a current or former employee or employee’s attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee’s dates of employment with the employer; (ii) the employee’s wages or salary during the employment; (iii) the employee’s job description and job title during the employment; and (iv) any injuries sustained by the employee during the course of the employment with the employer. Such records or papers shall be provided within 30 days of receipt of such a written request.\n\t\t\tIf the employer is unable to provide such records or papers within 30 days, the employer shall notify the requester of such records or papers in writing of the reason for the delay and shall have no more than 30 days after the date of such written notice to comply with such request. If the records or papers are kept in paper or hard copy format, the employer may charge a reasonable fee per page for copying. If the records or papers are kept in electronic format, the employer may charge a reasonable fee for the electronic records.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269768,"text":"Upon failure of any employer to comply with a written request made in accordance with subsection B, the employee or his attorney may cause a subpoena duces tecum to be issued. The subpoena may be issued (i) upon filing a request therefor with the clerk of the circuit court wherein any eventual suit would be required to be filed and upon payment of the fees required by subdivision A 18 of § 17.1-275 and fees for service or (ii) by the employee’s attorney in a pending civil case in accordance with § 8.01-407 without payment of the fees established in subdivision A 23 of § 17.1-275.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":269769,"text":"If the court finds that an employer willfully refused to comply with a written request made in accordance with subsection B, either (i) by failing to respond to a second or subsequent written request, properly submitted by the employee in writing, without good cause or (ii) by imposing a charge in excess of the reasonable expense of making the copies and processing the request for records or papers, the court may award damages for all expenses incurred by the employee to obtain such copies, including a refund of fees if payment has been made for such copies, court costs, and reasonable attorney fees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":269770,"text":"The provisions of this section shall not require copies of an employee’s records or papers to be furnished to such employee when the employee’s treating physician or clinical psychologist, in the exercise of his professional judgment, has made a part of the employee’s records or papers a written statement that in his opinion the furnishing to or review by the employee of such records or papers would be reasonably likely to endanger the life or physical safety of the employee or another person, or that such records or papers make reference to a person, other than a health care provider, and the access requested would be reasonably likely to cause substantial harm to such referenced person. In any such case, if requested by the employee or his attorney or authorized insurer, such records or papers shall be furnished within 30 days of the date of such request to the employee’s attorney or authorized insurer, rather than to the employee.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16696,"edition_id":1,"name":"Employment Evidence","identifier":"7.1","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 04:33:28","date_modified":"2026-06-26 04:33:28","permalink":{"id":277611,"object_type":"structure","relational_id":16696,"identifier":"7.1","token":"8.01\/14\/7.1","url":"\/8.01\/14\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75108,"structure_id":16696,"section_number":"8.01-413.1","catch_line":"Certain copies of employment records or papers admissible; right of employee or his attorney to copies of such records or papers; subpoena; damages, costs and attorney's fees","url":"\/8.01-413.1\/","token":"8.01\/14\/7.1\/8.01-413.1","metadata":false}],"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-413.1\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 503 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. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 2019, chapter 733<\/a>.<\/p>","references":false,"refers_to":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":59524,"section_number":"8.01-407","catch_line":"How summons for witness issued and to whom directed; how witness released from subpoena; prior permission of court to summon certain officials and judges","order_by":null,"url":"\/8.01-407\/"}],"permalink":{"id":277613,"object_type":"law","relational_id":75108,"identifier":"8.01-413.1","token":"8.01\/14\/7.1\/8.01-413.1","url":"\/8.01-413.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-413.1\/","token":"8.01\/14\/7.1\/8.01-413.1","dublin_core":{"Title":"Certain copies of employment records or papers admissible; right of employee or his attorney to copies of such records or papers; subpoena; damages, costs and attorney’s fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-413.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case where the original wage or salary records or papers of any employee are admissible<\/span> or would be admissible<\/span> as evidence<\/span>, any typewritten copy, photograph, photostatic copy, or microphotograph thereof shall be admissible<\/span> as evidence<\/span> in any court<\/span> of this Commonwealth in like manner as the original, provided the typewritten copy, photograph, photostatic copy or microphotograph is properly authenticated by the individual who would have authority to release or produce in court<\/span> the original records. Any employer whose records or papers relating to any such employee are subpoenaed for production may comply with the subpoena<\/span> by a timely mailing to the clerk issuing the subpoena<\/span> properly authenticated copies, photographs or microphotographs in lieu of the originals. The court<\/span> whose clerk issued the subpoena<\/span> may, after notice to such employer, enter an order<\/span> requiring production of the originals, if available, of any records or papers whose copies, photographs or microphotographs are not sufficiently legible. The party<\/span> requesting the subpoena<\/span> shall be liable for the reasonable charges of the employer for copying and mailing the items produced. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Every employer shall, upon receipt of a written request from a current or former employee or employee’s attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee’s dates of employment with the employer; (ii) the employee’s wages or salary during the employment; (iii) the employee’s job description and job title during the employment; and (iv) any injuries sustained by the employee during the course of the employment with the employer. Such records or papers shall be provided within 30 days of receipt of such a written request.\n\t\t\tIf the employer is unable to provide such records or papers within 30 days, the employer shall notify the requester of such records or papers in writing of the reason for the delay and shall have no more than 30 days after the date of such written notice to comply with such request. If the records or papers are kept in paper or hard copy format, the employer may charge a reasonable fee per page for copying. If the records or papers are kept in electronic format, the employer may charge a reasonable fee for the electronic records. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon failure of any employer to comply with a written request made in accordance with subsection B, the employee or his attorney may cause a subpoena duces tecum<\/span> to be issued. The subpoena may be issued (i) upon filing a request therefor with the clerk of the circuit<\/span> court<\/span> wherein any eventual suit<\/span> would be required to be filed and upon payment of the fees required by subdivision A 18 of § 17.1-275<\/a> and fees for service or (ii) by the employee’s attorney in a pending civil case in accordance with § 8.01-407<\/a> without payment of the fees established in subdivision A 23 of § 17.1-275<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the court<\/span> finds that an employer willfully refused to comply with a written request made in accordance with subsection B, either (i) by failing to respond to a second or subsequent written request, properly submitted by the employee in writing, without good cause or (ii) by imposing a charge in excess of the reasonable expense of making the copies and processing the request for records or papers, the court<\/span> may award damages<\/span> for all expenses incurred by the employee to obtain such copies, including a refund of fees if payment has been made for such copies, court<\/span> costs, and reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not require copies of an employee’s records or papers to be furnished to such employee when the employee’s treating physician or clinical psychologist, in the exercise of his professional judgment<\/span>, has made a part of the employee’s records or papers a written statement that in his opinion<\/span> the furnishing to or review by the employee of such records or papers would be reasonably likely to endanger the life or physical safety of the employee or another person<\/span>, or that such records or papers make reference to a person<\/span>, other than a health care provider, and the access requested would be reasonably likely to cause substantial harm to such referenced person<\/span>. In any such case, if requested by the employee or his attorney or authorized insurer, such records or papers shall be furnished within 30 days of the date of such request to the employee’s attorney or authorized insurer, rather than to the employee. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN COPIES OF EMPLOYMENT RECORDS OR PAPERS ADMISSIBLE; RIGHT OF EMPLOYEE OR\nHIS ATTORNEY TO COPIES OF SUCH RECORDS OR PAPERS; SUBPOENA; DAMAGES, COSTS AND\nATTORNEY’S FEES (\u00a7 8.01-413.1)\n\nA. In any case where the original wage or salary records or papers of any\nemployee are admissible or would be admissible as evidence, any typewritten\ncopy, photograph, photostatic copy, or microphotograph thereof shall be\nadmissible as evidence in any court of this Commonwealth in like manner as the\noriginal, provided the typewritten copy, photograph, photostatic copy or\nmicrophotograph is properly authenticated by the individual who would have\nauthority to release or produce in court the original records. Any employer\nwhose records or papers relating to any such employee are subpoenaed for\nproduction may comply with the subpoena by a timely mailing to the clerk issuing\nthe subpoena properly authenticated copies, photographs or microphotographs in\nlieu of the originals. The court whose clerk issued the subpoena may, after\nnotice to such employer, enter an order requiring production of the originals,\nif available, of any records or papers whose copies, photographs or\nmicrophotographs are not sufficiently legible. The party requesting the subpoena\nshall be liable for the reasonable charges of the employer for copying and\nmailing the items produced.\n\nB. Every employer shall, upon receipt of a written request from a current or\nformer employee or employee’s attorney, furnish a copy of all records or\npapers retained by the employer in any format, reflecting (i) the\nemployee’s dates of employment with the employer; (ii) the\nemployee’s wages or salary during the employment; (iii) the\nemployee’s job description and job title during the employment; and (iv)\nany injuries sustained by the employee during the course of the employment with\nthe employer. Such records or papers shall be provided within 30 days of receipt\nof such a written request.\n\t\t\tIf the employer is unable to provide such records or papers within 30 days,\nthe employer shall notify the requester of such records or papers in writing of\nthe reason for the delay and shall have no more than 30 days after the date of\nsuch written notice to comply with such request. If the records or papers are\nkept in paper or hard copy format, the employer may charge a reasonable fee per\npage for copying. If the records or papers are kept in electronic format, the\nemployer may charge a reasonable fee for the electronic records.\n\nC. Upon failure of any employer to comply with a written request made in\naccordance with subsection B, the employee or his attorney may cause a subpoena\nduces tecum to be issued. The subpoena may be issued (i) upon filing a request\ntherefor with the clerk of the circuit court wherein any eventual suit would be\nrequired to be filed and upon payment of the fees required by subdivision A 18\nof § 17.1-275 and fees for service or (ii) by the employee’s attorney\nin a pending civil case in accordance with § 8.01-407 without payment of\nthe fees established in subdivision A 23 of § 17.1-275.\n\nD. If the court finds that an employer willfully refused to comply with a\nwritten request made in accordance with subsection B, either (i) by failing to\nrespond to a second or subsequent written request, properly submitted by the\nemployee in writing, without good cause or (ii) by imposing a charge in excess\nof the reasonable expense of making the copies and processing the request for\nrecords or papers, the court may award damages for all expenses incurred by the\nemployee to obtain such copies, including a refund of fees if payment has been\nmade for such copies, court costs, and reasonable attorney fees.\n\nE. The provisions of this section shall not require copies of an\nemployee’s records or papers to be furnished to such employee when the\nemployee’s treating physician or clinical psychologist, in the exercise of\nhis professional judgment, has made a part of the employee’s records or\npapers a written statement that in his opinion the furnishing to or review by\nthe employee of such records or papers would be reasonably likely to endanger\nthe life or physical safety of the employee or another person, or that such\nrecords or papers make reference to a person, other than a health care provider,\nand the access requested would be reasonably likely to cause substantial harm to\nsuch referenced person. In any such case, if requested by the employee or his\nattorney or authorized insurer, such records or papers shall be furnished within\n30 days of the date of such request to the employee’s attorney or\nauthorized insurer, rather than to the employee.\n\nHISTORY: 1987, c. 503; 2019, c. 733.","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}}