Virginia Law

All officers and employees of the Commonwealth, or of any political subdivision of the Commonwealth who are members of the Virginia Defense Force or National Defense Executive Reserve shall be entitled to leaves of absence from their respective duties without loss of pay, seniority, accrued leave, or efficiency rating on all days during which they shall be engaged in training approved by the Governor or his designee, not to exceed 21 workdays per federal fiscal year unless such officer or employee is a professional firefighter. Any officer or employee of the Commonwealth or of any political subdivision of the Commonwealth who is a professional firefighter and a member of the Virginia Defense Force or National Defense Executive Reserve shall receive paid leaves of absence for all work hours that a leave of absence is required, regardless of whether such amount of work hours exceeds 21 workdays per federal fiscal year but shall not exceed a total of 388 work hours, during which such officer or employee who is a professional firefighter shall be engaged in training approved by the Governor or his designee. When relieved from any such duty, officers and employees described in this section shall be restored to positions held by them when ordered to duty.

1938, p. 573; Michie Code 1942, § 2673(124); 1964, c. 227; 1986, c. 611; 2022, c. 430; 2024, cc. 184, 239.

Repealed by Acts 2015, c. 221, cl. 2.

Repealed by Acts 2015, c. 221, cl. 2.

The official in charge of the investigation of any structural failure, fire, explosion, or industrial or transportation accident which results in the loss of human life, except when caused by a natural disaster or war, may secure for no more than twelve hours so much of the site where it occurred as, in his opinion, may be necessary to gather evidence regarding the cause of the occurrence. No owner or lessee of the site may be denied entrance except to prevent the destruction of evidence.

In cases of fire from any cause, the chief or other authorized officer of any fire department or fire company in command at the fire shall have the rights and authority granted to him and his subordinates upon his order or direction by § 27-17.1. Nothing in this section shall limit or otherwise affect the authority of, or be construed to deny access to such site by, any person charged by law with the responsibility of investigating any such accident.

1982, c. 213.

A. As used in this section:

"Closure of the United States government" means a closure of the United States federal government for a period of 14 consecutive days or longer as a result of a lapse of appropriation that leads to (i) the curtailment of federal agency activities and services, (ii) a shutdown of nonessential operations, (iii) nonessential workers being furloughed, and (iv) only essential employees in departments covering the safety of human life or protection of property being retained.

"Written proof" means (i) a paystub issued by a federal government agency showing zero dollars in earnings for a pay period within the period of any closure of the United States government, (ii) a copy of a furlough notification letter or essential employee status letter indicating the employee's status as nonessential, or (iii) a letter from a company under contract with the United States government issued and signed by an officer or owner of the company or by the company's human resources director stating that the employee's not receiving payment from the contractor is directly attributable to a closure of the United States government.

B. Notwithstanding any provision of law to the contrary, any tenant as defined in § 55.1-1200 who is a defendant in an unlawful detainer for nonpayment of rent pursuant to § 55.1-1245 for rent due after the commencement of a closure of the United States government seeking a judgment for the payment of money or possession of the premises shall be granted a 60-day continuance of such unlawful detainer action from the initial court date if the tenant appears on such court date and provides written proof that he was furloughed or otherwise was or is not currently receiving wages or payments as a result of a closure of the United States government, and is (i) an employee of the United States government, (ii) an independent contractor for the United States government, or (iii) an employee of a company under contract with the United States government. The provisions of this subsection shall not apply if the landlord has filed a material noncompliance notice for a non-rent violation of the rental agreement or of the Code of Virginia.

C. Notwithstanding any provision of law to the contrary, any homeowner who, after the commencement of a closure of the United States government, defaults on a note that is secured by a one-family to four-family residential property located in the Commonwealth and is subject to a foreclosure proceeding on any mortgage or to the execution of or sale under any deed of trust shall be granted a 30-day stay of such proceeding if the homeowner, within 90 days of such closure or 90 days following the end of a closure of the United States government, whichever is later, requests a stay and provides written proof to his lender that he was furloughed or otherwise was or is not currently receiving wages or payments as a result of a closure of the United States government, and is (i) an employee of the United States government, (ii) an independent contractor for the United States government, or (iii) an employee of a company under contract with the United States government.

D. Notwithstanding any provision of law to the contrary, any owner who rents a one-family to four-family residential dwelling unit located in the Commonwealth to a tenant as defined in § 55.1-1200 and who, after the commencement of a closure of the United States government, defaults on a note that is secured by such dwelling unit and is subject to a foreclosure proceeding on any mortgage or to the execution of or sale under any deed of trust shall be granted a 30-day stay of such proceeding if the owner, within 90 days of such closure or 90 days following the end of a closure of the United States government, whichever is later, requests a stay and provides written proof to his lender that his tenant was furloughed or otherwise was or is not currently receiving wages or payments as a result of a closure of the United States government, and is (i) an employee of the United States government, (ii) an independent contractor for the United States government, or (iii) an employee of a company under contract with the United States government.

E. The provisions of this section shall not (i) apply in an instance where a separate, signed legal agreement exists between a landlord and tenant or homeowner and mortgage holder to stay legal action or defer the filing of an unlawful detainer motion for nonpayment of rent or foreclosure proceeding on any mortgage or to the execution of or sale under any deed of trust for a term of 30 days or greater or (ii) affect any other terms of a valid rental agreement or note secured by a one-family to four-family residential property, mortgage, or deed of trust unrelated to nonpayment of rent or default of a mortgage caused by a closure of the United States government.

2020, c. 1202.