CODE OF VIRGINIA LEAVES OF ABSENCE FROM NONGOVERNMENTAL EMPLOYMENT (ยง 44-93.2) A member of the Virginia National Guard or Virginia Defense Force, or a resident of the Commonwealth who is a member of the National Guard of another state, called to state active duty or military duty pursuant to Title 32 of the United States Code shall have the right to take leave without pay from his nongovernmental employment. No member of the National Guard or Virginia Defense Force, or resident of the Commonwealth who is a member of the National Guard of another state, shall be forced to use or exhaust his vacation or other accrued leaves from his nongovernmental employment for a period of active service. The choice of leave shall be solely within the discretion of the member. HISTORY: 2002, c. 354; 2007, cc. 167, 214; 2011, cc. 572, 586; 2015, c. 221; 2016, c. 327.