HR Alert

Virginia Expands National Guard Employment Protections

Law Effective July 1, 2018

A new law in Virginia expands certain National Guard employment protections (i.e., leave, reemployment, and nondiscrimination) to any person who is a member of the National Guard of another state who is employed or seeking employment in Virginia.

Expanded Protections
The new law extends National Guard employment rights (concerning leaves of absence; reemployment; and employment nondiscrimination) to any person who is a member of the National Guard of another state who is employed or seeking employment in Virginia. Prior to July 1, 2018, such rights extend only to members of the Virginia National Guard and the Virginia Defense Force, and to residents of Virginia who are members of the National Guard of another state.

The new law takes effect July 1, 2018. Click here to read the text of the law.

Background
Virginia law provides the following protections to members of the Virginia National Guard or Virginia Defense Force and to Virginia residents who are members of the National Guard of another state, upon being called to active duty:

  • The right to take leave from work without pay and not be forced to use or exhaust vacation or other accrued leave for a period of active service.
  • Upon being released from active duty, restoration of the member to the previously held position or a comparable position (i.e., like seniority, status and pay, if the position exists).

Additionally, employers are prohibited from discriminating against a member of the Virginia National Guard (or Virginia Defense Force or a Virginia resident who is a member of the National Guard of another state) who applies, or has an obligation, to perform active duty on the basis of that membership, performance of service, application for service, or obligation.

Click here (section: section: 44-93.2 - 44-93.4) to read the unamended law.


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