Voting Leave Requirements in Virginia

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.
State
Virginia
Statute checked
July 13, 2026
Sources
1 statute

At a glance

Governing lawVa. Code § 24.2-1005; no general private-employer voting-leave statute located
Eligible workers and electionsNo statutory leave eligibility; intimidation protection applies to any election and party nominee-selection method (§ 24.2-1005(A), (C))
Outside-work-hours testNone; Virginia states no general private-employer voting-leave entitlement
Time-off amountNone required by the located statute
Paid or unpaidNo mandatory voting-leave pay under the located statute
When leave is takenNo statutory voting-leave window or scheduling rule
Employee notice and employer postingNo voting-leave employee notice or employer posting duty stated
Protection and penaltiesNo 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)

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.

Va. Code § 24.2-1005(A)-(C) · accessed 2026-07-13
This page is general legal information about state-law workplace rights for an employee who needs time away from scheduled work to cast a ballot, not legal advice about voter eligibility, polling hours, an employment dispute, or a particular election. The election type, voting day, poll schedule, employee notice, work shift, employer coverage, and available nonworking time can change the result. Separate rules govern voter registration, mail voting, election officials, poll workers, campaigns, public employees, and local ordinances. Verified against the official statute text on the date shown; confirm current law or consult the election authority, labor agency, or a licensed attorney before relying on it.

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