SB100 • 2026

Volunteer emergency responders; protection of employees, civil action.

An Act to amend the Code of Virginia by adding a section numbered 40.1-27.5, relating to protection of employees; volunteer emergency responders; civil action.

Labor

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Stanley
Last action: 2026-04-06
Official status: Acts of Assembly Chapter
Effective date: Not listed

Plain English Breakdown

The bill summary does not specify how long an employee must provide notice before missing work due to volunteering, leaving this detail open to interpretation based on the full text.

Protection of Employees Who Are Volunteer Emergency Responders

This law prevents employers from punishing employees who miss work to help during emergencies as volunteer responders.

What This Bill Does

It stops employers from firing, disciplining, threatening, discriminating against, or penalizing an employee just because the employee is helping in an emergency as a volunteer responder.
Employees can use their vacation or sick leave instead of unpaid time off if they need to miss work for volunteering during emergencies.
People who think this law was broken can sue the employer and ask for things like getting back their job, lost pay, benefits, and other help from the court.

Who It Names or Affects

Employees who are volunteer emergency responders
Employers of those employees

Terms To Know

Volunteer Emergency Responder: A person who helps during emergencies without being paid, like a volunteer firefighter or EMT.
State of Emergency: A situation declared by the government where special rules apply to deal with serious problems like natural disasters.

Limits and Unknowns

The law does not cover employees who are considered essential and cannot take time off for volunteering.
It is unclear how employers will handle situations when volunteers miss work without proper notice.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB100AHC1

2026-02-19

Labor and Commerce Amendment

Plain English: The amendment allows volunteer emergency responders to use their paid sick leave or other paid leave instead of taking unpaid time off when they serve as volunteers.

Allows employees who are volunteer emergency responders to use their accrued paid sick leave or other paid leave in place of unpaid time off for their volunteer service.

The amendment does not specify the exact conditions under which an employee can use their paid leave, such as whether it is mandatory or optional for employers to allow this practice.

SB100AHC2

2026-02-19 • Committee

Subcommittee #2 Subcommittee Amendment

Plain English: The amendment allows volunteer emergency responders to use their paid sick leave or other paid leave instead of taking unpaid time off when they serve as volunteers.

Allows employees who are volunteer emergency responders to use their accrued paid sick leave or other paid leave in place of taking unpaid time off for their volunteer service.

The amendment does not specify the exact conditions under which an employee can use their paid leave, such as whether it is mandatory or optional for employers to allow this practice.

SB100AH1

2026-02-27 • Committee

Labor and Commerce Amendment

Plain English: The amendment allows volunteer emergency responders to use their paid sick leave or other paid leave instead of taking unpaid time off when they serve as volunteers.

Allows employees who are volunteer emergency responders to use their accrued paid sick leave or other paid leave in place of taking unpaid time off for their volunteer service.

The amendment does not specify the exact conditions under which an employee can use their paid leave, such as whether it requires approval from the employer.

SB100EDOC

2026-03-03 • House

House Amendment

Plain English: The amendment allows employees who are volunteer emergency responders to use their paid sick leave or other paid leave instead of taking unpaid time off for their volunteer service.

Employees can now choose to use their accrued paid sick leave or other types of paid leave when they need to take time off for volunteer emergency responder duties.

The amendment does not specify the exact conditions under which employees are 'entitled' to such leave, leaving some details unclear.

Bill History

2026-04-06 Governor
Approved by Governor-Chapter 330 (effective 7/1/2026)
2026-04-06 Governor
Approved by Governor-Chapter 330 (effective 7/1/2026)
2026-04-06 Governor
Acts of Assembly Chapter text (CHAP0330)
2026-03-14 Senate
Enrolled Bill communicated to Governor on March 14, 2026
2026-03-14 Governor
Governor's Action Deadline 11:59 p.m., April 13, 2026
2026-03-12 House
Signed by Speaker
2026-03-11 Senate
Signed by President
2026-03-11 Senate
Enrolled
2026-03-11 Senate
Bill text as passed Senate and House (SB100ER)
2026-03-11 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB100)
2026-03-05 Senate
House amendment agreed to by Senate (39-Y 0-N 0-A)
2026-03-03 House
Read third time
2026-03-03 House
committee amendment agreed to
2026-03-03 House
Engrossed by House as amended
2026-03-03 House
Passed House with amendment (93-Y 2-N 0-A)
2026-03-02 House
Read second time
2026-02-26 Labor and Commerce
Reported from Labor and Commerce with amendment(s) (20-Y 1-N)
2026-02-19 Subcommittee #2
Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
2026-02-19 Subcommittee #2
House subcommittee offered
2026-02-19 Subcommittee #2
House subcommittee offered
2026-02-19 Subcommittee #2
House subcommittee offered
2026-02-17 Subcommittee #2
Assigned HCL sub: Subcommittee #2
2026-02-12 House
Placed on Calendar
2026-02-12 House
Read first time
2026-02-12 Labor and Commerce
Referred to Committee on Labor and Commerce
2026-02-06 Senate
Read third time and passed Senate Block Vote (40-Y 0-N 0-A)
2026-02-05 Senate
Read second time
2026-02-05 Senate
Engrossed by Senate Block Vote (Voice Vote)
2026-02-04 Senate
Rules suspended
2026-02-04 Senate
Passed by for the day
2026-02-04 Senate
Passed by for the day
2026-02-04 Senate
Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)
2026-02-04 Senate
Passed by for the day Block Vote (Voice Vote)
2026-02-02 Commerce and Labor
Reported from Commerce and Labor (12-Y 0-N)
2026-01-26 Senate
Fiscal Impact Statement from Department of Planning and Budget (SB100)
2025-12-31 Senate
Prefiled and ordered printed; Offered 01-14-2026 26100073D
2025-12-31 Commerce and Labor
Referred to Committee on Commerce and Labor

Official Summary Text

Protection of employees; volunteer emergency responders; civil action.
Prohibits an employer from discharging, disciplining, threatening, discriminating against, or penalizing an employee or taking other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment solely because the employee fails to report for work because such employee is serving as a voluntary emergency responder, as defined in the bill, and is actively responding to an emergency alarm or during a state of emergency, provided that certain requirements are met. The bill provides that no employer shall be required to pay an employee for work time missed while serving as a voluntary emergency responder but permits such employee to use vacation or sick leave instead of unpaid time off if such employee has accrued such leave. The bill permits a person who alleges a violation of its provisions to bring a civil action seeking injunctive relief, reinstatement, and compensation for lost wages, benefits, and other remuneration.

Current Bill Text

Read the full stored bill text

An Act to amend the Code of Virginia by adding a section numbered
40.1-27.5
, relating to protection of employees; volunteer emergency responders; civil action.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
40.1-27.5
as follows:
§
40.1-27.5
. Retaliation against employee for absence due to serving as voluntary emergency responder prohibited.
A. As used in this section:
"State of emergency" has the same meaning as provided in §
44-146.16
.
"Volunteer emergency responder" means an active member in good standing of a volunteer fire department or volunteer emergency medical services agency or auxiliary unit thereof that has been recognized in accordance with §
15.2-955
by an ordinance or resolution of the political subdivision where the volunteer fire department or volunteer emergency medical services agency is located as being a part of the safety program of such political subdivision.
B. No employer shall discharge, discipline, threaten, discriminate against, or penalize an employee or take other retaliatory action regarding an employee's compensation, terms, conditions, location, or privileges of employment solely because the employee fails to report for work at his place of employment because such employee is serving as a volunteer emergency responder (i) actively responding to an emergency alarm or (ii) during a state of emergency, provided that such employee provides the employer (a) notice that such employee is rendering emergency services in response to an emergency alarm or state of emergency at least one hour before such employee is scheduled to report for work and (b) upon returning to his place of employment, a copy of the incident report and a certification by the incident commander or other official or officer in charge affirming that such employee was actively engaged in and necessary for rendering such emergency services. Such certification shall include the date and time at which the employee was relieved from rendering emergency services. An employee who is actively engaged in rendering emergency services for more than one consecutive work day shall provide notice pursuant to clause (a) on each day such employee is absent from work.
C. No employer shall be required to pay an employee for any work time missed while such employee is serving as a volunteer emergency responder pursuant to this section. However,
in lieu of taking unpaid time off for such service, such employee may use paid sick leave or other paid leave if such employee has accrued or is otherwise entitled to such leave
.
D. No provision of this section shall apply to any employee who is deemed an essential employee by statute or contract.
E. A person who alleges a violation of this section may bring a civil action in a court of competent jurisdiction within one year of the employer's prohibited retaliatory action. The court may order as a remedy to the employee (i) an injunction to restrain continued violation of this section, (ii) the reinstatement of the employee to the same position held before the retaliatory action or to an equivalent position, and (iii) compensation for lost wages, benefits, and other remuneration, together with interest thereon, as well as reasonable attorney fees and costs.