                                 CODE OF VIRGINIA

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&#8217;S FEES (§ 8.01-413.1)

A. 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.

B. Every employer shall, upon receipt of a written request from a current or
former employee or employee&#8217;s attorney, furnish a copy of all records or
papers retained by the employer in any format, reflecting (i) the
employee&#8217;s dates of employment with the employer; (ii) the
employee&#8217;s wages or salary during the employment; (iii) the
employee&#8217;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.
			If 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. 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 &#xA7; 17.1-275 and fees for service or (ii) by the employee&#8217;s attorney
in a pending civil case in accordance with &#xA7; 8.01-407 without payment of
the fees established in subdivision A 23 of &#xA7; 17.1-275.

D. 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.

E. The provisions of this section shall not require copies of an
employee&#8217;s records or papers to be furnished to such employee when the
employee&#8217;s treating physician or clinical psychologist, in the exercise of
his professional judgment, has made a part of the employee&#8217;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&#8217;s attorney or
authorized insurer, rather than to the employee.

HISTORY: 1987, c. 503; 2019, c. 733.