                                 CODE OF VIRGINIA

DISCHARGE OF EMPLOYEE FOR ABSENCE DUE TO WORK-RELATED INJURY PROHIBITED (§
40.1-27.1)

It shall be an unfair employment practice for an employer who has established an
employment policy of discharging employees who are absent from work for a
specified number of days to include in the computation of an employee&#8217;s
work absence record any day that such employee is absent from work due to a
compensable absence under Title 65.2; provided, that such compensable absences
can be calculated into an employee&#8217;s work record for purposes of discharge
after all steps of the excessive absenteeism policy have been exhausted. An
employer shall not be held in violation of this section if the employee&#8217;s
absence exceeds six months or if the employer&#8217;s circumstances have changed
during such employee&#8217;s absence so as to make it impossible or unreasonable
not to discharge such employee.

HISTORY: 1989, c. 572.