Virginia Protects Volunteer Emergency Responders

On April 6, 2026, Virginia approved SB100, creating a new employment protection for certain employees who miss work while serving as volunteer emergency responders.

The law prohibits employers from discharging, disciplining, threatening, discriminating against, penalizing, or otherwise retaliating against covered employees because they fail to report to work while actively responding to an emergency alarm or serving during a state of emergency, provided the employee satisfies the statute’s notice and documentation requirements.

This update applies to Virginia employers with employees who serve as volunteer emergency responders in recognized volunteer fire departments, volunteer EMS agencies, or related auxiliary units. The law took effect July 1, 2026.

What Employers Should Do

Legal Requirements

• Employers may not discharge, discipline, threaten, discriminate against, penalize, or otherwise retaliate against a covered employee who misses work while serving as a volunteer emergency responder when the employee satisfies the law’s notice and documentation requirements.
• Employers may require employees to provide a copy of the incident report and certification from the incident commander or other official in charge upon returning to work.
• Employers are not required to pay employees for time missed while serving as volunteer emergency responders; however, employees may use accrued paid sick leave or other available paid leave if entitled to that leave.

Practical Considerations

• Review attendance, leave, call-off, no-show, and disciplinary policies, and train supervisors and HR personnel to recognize protected volunteer emergency responder absences and apply the new requirements consistently.
• Establish procedures for collecting employee notices, incident reports, required certifications, and documentation supporting any essential employee designation under applicable statutes or contracts.
• Consider whether a Professional Employer Organization (PEO) or Administrative Services Organization (ASO) can assist with policy updates, supervisor training, documentation processes, and leave administration related to the new law.

Overview

Covered Employees: The law protects employees who qualify as volunteer emergency responders. The statute defines a volunteer emergency responder as an active member in good standing of a volunteer fire department, volunteer EMS agency, or auxiliary unit that has been recognized by a political subdivision as part of its public safety program.

Protected Absences: Protection applies when an employee misses work because the employee is actively responding to an emergency alarm or serving during a state of emergency.

Prohibited Employer Actions: Employers may not:

• Discharge the employee.
• Discipline the employee.
• Threaten the employee.
• Discriminate against the employee.
• Penalize the employee; or
• Take other retaliatory actions affecting compensation, terms, conditions, location, or privileges of employment.

Employee Notice Requirements: To qualify for protection, the employee must notify the employer at least one hour before the scheduled shift that the employee is rendering emergency services in response to an emergency alarm or state of emergency.

If the emergency service continues for more than one consecutive workday, the employee must provide notice for each day of absence.

Documentation Requirements: Upon returning to work, the employee must provide:

• A copy of the incident report; and
• Certification from the incident commander or other official in charge stating that the employee was actively engaged in and necessary for rendering emergency services.

The certification must also include the date and time the employee was relieved from emergency service.

Pay and Leave Rules: The law does not require employers to pay employees for work time missed while serving as volunteer emergency responders. However, employees may use paid sick leave or other paid leave if they have accrued or are otherwise entitled to such leave.

Essential Employee Exception: The law does not apply to employees who are deemed essential employees by statute or contract.

Enforcement and Remedies: The law creates a private right of action. An employee who alleges a violation may file a civil action within one year of the employer’s prohibited retaliatory action.

Available remedies include (1) injunctive relief, (2) reinstatement to the same or an equivalent position, (3) compensation for lost wages, (4) benefits, (5) other remuneration, (6) interest on those amounts, (7) reasonable attorney fees, and (8) court costs.

Why This Matters

Virginia employers now must treat qualifying volunteer emergency responder absences as protected absences under state law. The protection extends beyond termination and applies to a broad range of employment actions affecting compensation, work location, employment conditions, and employment privileges.

A failure to recognize protected volunteer emergency responder absences could result in litigation, reinstatement orders, back-pay awards, and attorney’s fee exposure.

Key Risks for Employers

• Attendance-related discipline or termination based on a protected volunteer emergency response absence.
• Failure to recognize protected status for employees serving in qualified volunteer fire departments, EMS agencies, or auxiliary units.
• Inadequate procedures for tracking notice requirements, multi-day absences, and return-to-work documentation.
• Improper denial of available paid leave when an employee elects to substitute accrued leave for unpaid time off.
• Liability for reinstatement, lost wages, lost benefits, attorney’s fees, costs, and other court-ordered remedies.

Source References

• Virginia SB 100 – Volunteer emergency responders; protection of employees, civil action.

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