16101646D
HOUSE BILL NO. 921
Offered January 13, 2016
Prefiled January 12, 2016
A BILL to amend and reenact §§44-93.2, 44-93.3, and 44-93.4
of the Code of Virginia, relating to members of the National Guard of other
states; employment protection.
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Patron-- Mason
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:
1. That §§44-93.2, 44-93.3, and 44-93.4 of the Code of
Virginia are amended and reenacted as follows:
§44-93.2. Leaves of absence from nongovernmental employment.
A member of the Virginia
National Guard of Virginia or any other
state or Virginia Defense Force called to state active duty
or military duty pursuant to Title 32 of the United States Code shall have the
right to take leave without pay from his nongovernmental employment in Virginia. No member of the
National Guard of Virginia or any other
state or Virginia Defense Force shall be forced to use or
exhaust his vacation or other accrued leaves from his nongovernmental
employment in Virginia for a period of
active service. The choice of leave shall be solely within the discretion of
the member.
§44-93.3. Reemployment rights.
Upon honorable release from state active duty, in Virginia or any other state,
or military duty pursuant to Title 32 of the United States Code, a member of
the Virginia National Guard of Virginia or any other state
or Virginia Defense Force shall make written application to his previous
employer in Virginia for reemployment
within (i) 14 days of his release from duty or from hospitalization following
release if the length of the member's absence by reason of service in the
uniformed services does not exceed 180 days or (ii) 90 days of his release from
duty or from hospitalization following release if the length of the member's
absence by reason of service in the uniformed services exceeds 180 days. When
released from such duty, they shall be restored to positions held by them when
ordered to duty. If the office or position has been abolished or otherwise has
ceased to exist during such leave of absence, they shall be reinstated in a
position of like seniority, status and pay if the position exists, or to a
comparable vacant position for which they are qualified, unless to do so would
be unreasonable. This section shall not apply when the cumulative length of the
absence and of all previous absences from a position of employment with that
employer by reason of service in the uniformed services exceeds five years.
§44-93.4. Discrimination against persons who serve in the
Virginia National Guard or Virginia Defense Force and acts of reprisal
prohibited.
A. A member of the Virginia
National Guard of Virginia or any other
state or Virginia Defense Force who performs, has
performed, applies to perform, or has an obligation to perform state active
duty or military duty pursuant to Title 32 of the United States Code shall not
be denied initial employment, reemployment, retention in employment, promotion,
or any benefit of employment by an employer in
Virginia on the basis of that membership, application for
membership, performance of service, application for service, or obligation.
B. A person shall be considered to have denied a member of the Virginia National Guard of Virginia or any
other state or Virginia Defense Force initial employment,
reemployment, retention in employment, promotion, or a benefit of employment in
violation of this section if the member's membership, application for
membership, performance of service, application for service, or obligation for
service is a motivating factor in that person's action, unless the person can prove
by the greater weight of the evidence that the same unfavorable action would
have taken place in the absence of the member's membership, application for
membership, performance of service, application for service, or obligation for
service.
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