Bill Text: VA HB189 | 2024 | Regular Session | Prefiled
Bill Title: Officers of elections; leaves of absence from respective duties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-26 - Stricken from docket by Privileges and Elections (22-Y 0-N) [HB189 Detail]
Download: Virginia-2024-HB189-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 2.2-2821.4 and by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1-28.7:11 as follows:
§2.2-2821.4. Leave for officers of election.
A. All officers and employees of the Commonwealth or of any political subdivision of the Commonwealth who are appointed as an officer of election pursuant to §24.2-110 shall be entitled to leaves of absence from their respective duties without loss of seniority, accrued leave, benefits, or efficiency rating on all days during which any such officer or employee has been assigned to work as an officer of election in a polling place.
B. Any officer or employee requesting leave pursuant to this section shall provide certification from the electoral board that the officer or employee has been appointed as an officer of election and has been assigned to work as an officer of election in a polling place on the day of the election.
C. An employer may treat the officer or employee leaves of absence pursuant to this section as unpaid leave. No employer shall require an employee to exhaust any other leave to which the officer or employee is entitled prior to such leaves of absence. Nothing in this subsection shall be construed to prevent an employer from providing paid leave during such leaves of absence.
D. Any officer or employee aggrieved by a violation of any provision of this section may bring an action pursuant to the State Grievance Procedure (§2.2-3000 et seq.).
§40.1-28.7:11. Employers to allow leave for officers of election.
A. Any employee who is appointed as an officer of election pursuant to §24.2-110 shall be entitled to leaves of absence from his employment without loss of seniority, accrued leave, benefits, or efficiency rating on all days during which such employee has been assigned to work as an officer of election in a polling place.
B. Any employee requesting leave pursuant to this section shall provide certification from the electoral board that the officer or employee has been appointed as an officer of election and has been assigned to work as an officer of election in a polling place on the day of the election.
C. An employer may treat the employee leaves of absence pursuant to this section as unpaid leave. No employer shall require an employee to exhaust any other leave to which the employee is entitled prior to such leaves of absence. Nothing in this subsection shall be construed to prevent an employer from providing paid leave during such leaves of absence.
D. Any employee aggrieved by a violation of any provision of this section may bring a civil action to enforce such provision. Any employee who is successful in such action shall be entitled to recover only lost wages, reasonable attorney fees, and court costs incurred in such action.
