Virginia: Voting Leave Requirements
The short answer
Virginia has no general private-employer statute requiring time off or pay for an employee to cast a ballot. Virginia instead prohibits any person from intimidating, threatening, or coercing a person in giving a vote or ballot, or from using such conduct to deter or prevent a voter from voting. A violation is a Class 1 misdemeanor and supports preventive civil relief, but the statute creates no leave duration, scheduling rule, employee notice deadline, or employer posting duty.
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This is the general rule in Virginia. Ezel applies current Virginia law to your specific facts and answers with citations to the statutes.
| Governing law | Va. Code § 24.2-1005; no general private-employer voting-leave statute located |
|---|---|
| Eligible workers and elections | No statutory leave eligibility; intimidation protection applies to any election and party nominee-selection method (§ 24.2-1005(A), (C)) |
| Outside-work-hours test | None; Virginia states no general private-employer voting-leave entitlement |
| Time-off amount | None required by the located statute |
| Paid or unpaid | No mandatory voting-leave pay under the located statute |
| When leave is taken | No statutory voting-leave window or scheduling rule |
| Employee notice and employer posting | No voting-leave employee notice or employer posting duty stated |
| Protection and penalties | No intimidation, threat, or coercion in giving a vote or to deter voting; Class 1 misdemeanor plus preventive civil action and discretionary prevailing-plaintiff attorney fee (§ 24.2-1005) |
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Virginia protects the vote, not time away from work
Virginia's current election and labor titles do not require an ordinary private
employer to release an employee from scheduled work, continue pay, or provide a
particular voting window. An employee who needs working time to vote must use an
employer policy or another applicable agreement rather than a general state
voting-leave right.
Section 24.2-1005 addresses interference with voting itself. It prohibits actual
or attempted intimidation, threats, or coercion in giving a vote or ballot and
conduct intended to deter or prevent a voter from voting.
Criminal and preventive civil remedies apply
Violating § 24.2-1005(A) is a Class 1 misdemeanor. The same conduct also supports
a civil action for preventive relief, including a permanent or temporary
injunction, restraining order, or other order.
A court may award a reasonable attorney fee as part of costs to a prevailing
private plaintiff. The statute applies to any election and to political-party
methods for selecting nominees and convention or meeting delegates.
What trips people up
Virginia has a separate employment-protection statute for electoral-board
members, deputy registrars, and officers of election who are absent to serve at
the polls. That poll-worker rule does not create voting leave for an employee
who is taking time away from work to cast the employee's own ballot.
Likewise, the broad voter-intimidation remedy does not supply a leave amount,
pay rule, outside-work-hours test, request deadline, posting duty, or schedule.
Common questions
Does Virginia require two paid hours to vote?
No. The current election and labor titles state no fixed private-sector
voting-leave amount or voting-leave pay requirement.
Can an employer intimidate an employee to stop the employee from voting?
No. Section 24.2-1005 applies to any person and makes intimidation, threats, or
coercion used to deter or prevent voting a Class 1 misdemeanor.
What civil remedy does the voter have?
The voter may seek preventive relief such as an injunction or restraining order.
A prevailing private plaintiff may receive a reasonable attorney fee if the
court allows it.
Statutes and sources
- Va. Code § 24.2-1005(A)-(C): voter intimidation offense, preventive civil
action, discretionary attorney fee, and election coverage —
official text
(accessed July 13, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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