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There is no Virginia statute that requires employers to pay a departing employee for accrued vacation or other leave time.
There is no Virginia statute that requires employers to pay a departing employee for accrued vacation or other leave time.
Employees. VA employees must submit a leave request, either through VA's TA system, or a written request such as OPM Form 71, for most types of leave. For more detailed information on employee responsibilities in relation to leave, refer to VA Handbook 5011.
Virginia Laws on Time Off for Jury Duty and VotingVirginia law does, however, require employers to give employees time off to serve on a jury. Employees may not be subjected to any adverse personnel action because of their jury duty, nor may they be required to use their vacation or sick leave.
Virginia is an "employment-at-will" state. This means that an employer may generally terminate an employee at any time, for any reason or no reason at all, unless an agreement exists that provides otherwise.
In 2016, the Virginia Supreme Court held that employers and employees need not provide advance notice before terminating an at will employment relationship.
What Happens If You Don't Give 2 Weeks' Notice? You could break the provisions of your contract, and that could have legal repercussions. If you have no choice, then notifying your employer and giving as much notice as possible (or perhaps even working out a new deal) can potentially make the fallout less serious.
In addition to the leave provided by your employer's discretionary policies on vacation time, sick leave, personal days, or paid time off (PTO), you may have a legal right to take time off work for specific reasons under federal and Virginia laws.
Vacation Leave In Virginia, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.
Payout of vacation at termination. In such circumstances, earned vacation will generally be treated as wages pursuant to state wage payment and collection laws. Virginia courts have ruled that vacation that is part of a contract must be compensated at termination.