Virginia Code

Va. Code Ann. § 40.1-27.1 (2026)

Discharge of employee for absence due to work-related injury prohibited

✓ current as of May 2026

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It shall be an unfair employment practice for an employer who has established an employment policy of discharging employees who are absent from work for a specified number of days to include in the computation of an employee's work absence record any day that such employee is absent from work due to a compensable absence under Title 65.2; provided, that such compensable absences can be calculated into an employee's work record for purposes of discharge after all steps of the excessive absenteeism policy have been exhausted. An employer shall not be held in violation of this section if the employee's absence exceeds six months or if the employer's circumstances have changed during such employee's absence so as to make it impossible or unreasonable not to discharge such employee.

1989, c. 572.

Notes of Decisions

Cited in 2 cases, 1998–2005 · leading case: Taylor v. Wal-Mart Stores, Inc., 376 F. Supp. 2d 653 (E.D. Va. 2005).

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Taylor v. Wal-Mart Stores, Inc., 376 F. Supp. 2d 653 (E.D. Va. 2005). · cites it 9× “Taylor’s Complaint summarily alleges a violation of Va.Code § 40.1-27.1, which addresses the computation of absences by an employer who has a policy of discharging employees who are absent from work for a specific number of days.”

Shifflett v. Lewis, 47 Va. Cir. 95 (Rockingham Cir. Ct. 1998). “7 (Occupational Health and Safety); § 40.1-27.1 (discharge of employees for work-related injuries); and §§ 40.”

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