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2005 SESSION
052247452Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 24.2-118.1 as follows:
§24.2-118.1. Prohibition on discrimination in employment; penalty.
A. Any person who serves as an officer of election shall neither be discharged from employment, nor have any adverse personnel action taken against him, nor shall he be required to use sick leave or vacation time, as a result of his absence from employment due to such service, provided he gave reasonable notice to his employer of such service. No person who serves as an officer of election shall be required to work at his regular employment on any day of such service. Any employer violating the provisions of this section shall be guilty of a Class 3 misdemeanor.
B. If an employer takes adverse action against an employee in violation of this section, and the State Board is of the opinion that the public interest will be served by an investigation of such violation, it may request the Attorney General, or other attorney designated by the Governor for the purpose, to assist the attorney for the Commonwealth of any jurisdiction in which the violation occurred to investigate such violation in accordance with § 24.2-104.