Virginia has enacted legislation (House Bill 196) that offers certain protections to employees who perform services on election day. House Bill 196 is effective immediately.
Anti-retaliation:
Under House Bill 196, employers may not discharge or retaliate against an employee who serves as a member of a local electoral board, an assistant general registrar, or an officer of election.
Use of PTO:
Provided the employee gives reasonable advance notice, employers may not require the employee to use sick leave or vacation time as a result of their service on election day or for attending a meeting following the election to ascertain the results of an election.
Work Schedules:
Employers may not require an employee who serves for four or more hours, including travel time, to start any work shift that begins on or after 5:00 p.m. on the day of service, or before 3:00 a.m. on the day following service.
Penalties:
An employer who violates House Bill 196 may be subject to a fine of up to $500.
Compliance Recommendations:
Virginia employers should review their policies, forms, practices, and supervisor training to ensure compliance with House Bill 196. Please contact your dedicated service professional with any questions.