                                 CODE OF VIRGINIA

REEMPLOYMENT RIGHTS (§ 44-93.3)

Upon honorable release from state active duty or military duty pursuant to Title
32 of the United States Code, a member of the Virginia National Guard or
Virginia Defense Force, or a person who is a member of the National Guard of
another state and who was previously employed in the Commonwealth, shall make
written application to his previous employer for reemployment within (i) 14 days
of his release from duty or from hospitalization following release if the length
of the member&#8217;s absence by reason of service in the uniformed services
does not exceed 180 days or (ii) 90 days of his release from duty or from
hospitalization following release if the length of the member&#8217;s absence by
reason of service in the uniformed services exceeds 180 days. When released from
such duty, they 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 to a comparable vacant
position for which they are qualified, unless to do so would be unreasonable.
This section shall not apply when the cumulative length of the absence and of
all previous absences from a position of employment with that employer by reason
of service in the uniformed services exceeds five years.

HISTORY: 2002, c. 354; 2007, cc. 167, 214; 2010, c. 253; 2011, cc. 572, 586;
2015, c. 221; 2016, c. 327; 2018, c. 216.