Voting Leave Requirements in Virginia
At a glance
| 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) |
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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