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.
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.
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.
An employer who violates House Bill 196 may be subject to a fine of up to $500.
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.