                                 CODE OF VIRGINIA

EMPLOYERS TO ALLOW LEAVE FOR VOLUNTEER MEMBERS OF CIVIL AIR PATROL; CIVIL REMEDY
(§ 40.1-28.7:6)

A. Any employee who is a volunteer member of the Civil Air Patrol shall be
entitled to leaves of absence from his employment without loss of seniority,
accrued leave, benefits, or efficiency rating on all days during which such
employee is (i) engaged in training for emergency missions with the Civil Air
Patrol, not to exceed 10 workdays per federal fiscal year, or (ii) responding to
an emergency mission as a Civil Air Patrol volunteer, not to exceed 30 workdays
per federal fiscal year.

B. Any employee requesting leave pursuant to this section shall provide (i)
certification that the employee has been authorized by the United States Air
Force, the Governor, or a department, division, agency, or political subdivision
of the state to respond to or train for an emergency mission and (ii)
verification from the Civil Air Patrol of the emergency need of the
employee&#8217;s volunteer service.

C. An employer may treat leaves of absence pursuant to this section as unpaid
leave. No employer shall require an employee to exhaust any other leave to which
the employee is entitled prior to such leaves of absence. Nothing in this
subsection shall be construed to prevent an employer from providing paid leave
during such leaves of absence.

D. Any employee aggrieved by a violation of any provision of this section may
bring a civil action to enforce such provision. Any employee who is successful
in such action shall be entitled to recover only lost wages, reasonable attorney
fees, and court costs incurred in such action.

HISTORY: 2018, c. 277.