A. In any case where the original wage or salary records or papers of any employee are admissible or would be admissible as evidence, any typewritten copy, photograph, photostatic copy, or microphotograph thereof shall be admissible as evidence in any court of this Commonwealth in like manner as the original, provided the typewritten copy, photograph, photostatic copy or microphotograph is properly authenticated by the individual who would have authority to release or produce in court the original records. Any employer whose records or papers relating to any such employee are subpoenaed for production may comply with the subpoena by a timely mailing to the clerk issuing the subpoena properly authenticated copies, photographs or microphotographs in lieu of the originals. The court whose clerk issued the subpoena may, after notice to such employer, enter an order requiring production of the originals, if available, of any records or papers whose copies, photographs or microphotographs are not sufficiently legible. The party requesting the subpoena shall be liable for the reasonable charges of the employer for copying and mailing the items produced.
§ 8.01-413.1.Certain copies of employment records or papers admissible; right of employee or his attorney to copies of such records or papers; subpoena; damages, costs and attorney's fees.
Chapter 14. Evidence · Article 7.1. Employment Evidence · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-413.1 lets courts admit authenticated copies of an employee’s wage records in place of originals, requires an employer to give a current or former employee or attorney copies of employment dates, wages, job title, and injury records within 30 days of a written request, and lets a court award damages and fees for willful noncompliance.
Full Text of § 8.01-413.1
B. Every employer shall, upon receipt of a written request from a current or former employee or employee's attorney, furnish a copy of all records or papers retained by the employer in any format, reflecting (i) the employee's dates of employment with the employer; (ii) the employee's wages or salary during the employment; (iii) the employee's job description and job title during the employment; and (iv) any injuries sustained by the employee during the course of the employment with the employer. Such records or papers shall be provided within 30 days of receipt of such a written request.
If the employer is unable to provide such records or papers within 30 days, the employer shall notify the requester of such records or papers in writing of the reason for the delay and shall have no more than 30 days after the date of such written notice to comply with such request. If the records or papers are kept in paper or hard copy format, the employer may charge a reasonable fee per page for copying. If the records or papers are kept in electronic format, the employer may charge a reasonable fee for the electronic records.
C. Upon failure of any employer to comply with a written request made in accordance with subsection B, the employee or his attorney may cause a subpoena duces tecum to be issued. The subpoena may be issued (i) upon filing a request therefor with the clerk of the circuit court wherein any eventual suit would be required to be filed and upon payment of the fees required by subdivision A 18 of § 17.1-275 and fees for service or (ii) by the employee's attorney in a pending civil case in accordance with § 8.01-407 without payment of the fees established in subdivision A 23 of § 17.1-275.
D. If the court finds that an employer willfully refused to comply with a written request made in accordance with subsection B, either (i) by failing to respond to a second or subsequent written request, properly submitted by the employee in writing, without good cause or (ii) by imposing a charge in excess of the reasonable expense of making the copies and processing the request for records or papers, the court may award damages for all expenses incurred
by the employee to obtain such copies, including a refund of fees if payment has been made for such copies, court costs, and reasonable attorney fees.
E. The provisions of this section shall not require copies of an employee's records or papers to be furnished to such employee when the employee's treating physician or clinical psychologist, in the exercise of his professional judgment, has made a part of the employee's records or papers a written statement that in his opinion the furnishing to or review by the employee of such records or papers would be reasonably likely to endanger the life or physical safety of the employee or another person, or that such records or papers make reference to a person, other than a health care provider, and the access requested would be reasonably likely to cause substantial harm to such referenced person. In any such case, if requested by the employee or his attorney or authorized insurer, such records or papers shall be furnished within 30 days of the date of such request to the employee's attorney or authorized insurer, rather than to the employee.
Plain-English Summary
Subsection A lets a court accept a typewritten, photographic, or microfilmed copy of an employee’s wage or salary records in place of the original, as long as the person with authority to release the records has authenticated the copy. An employer served with a subpoena for those records can comply by mailing certified copies to the clerk instead of producing the originals in person, though the court can still order the originals produced if the copies are hard to read. The party who asked for the subpoena pays the employer’s reasonable copying and mailing costs.
Subsection B gives a current or former employee, or that employee’s attorney, a standalone right to request records showing dates of employment, wages or salary, job title and description, and any workplace injuries. The employer has 30 days to comply, or must explain the delay in writing and finish within another 30 days. Paper copies can carry a per-page fee; electronic copies can carry a reasonable fee of their own.
If the employer ignores that request, the employee or attorney can force the issue with a subpoena duces tecum, filed either through the circuit court clerk or, in a pending case, directly by the attorney. And if the employer’s refusal was willful — ignoring a second written request without good cause, or charging more than the actual cost of copying — the court can order the employer to pay the employee’s expenses, refund any fees already collected, and cover court costs and attorney fees.
Subsection E carves out one exception: an employer does not have to hand injury records straight to the employee if the employee’s treating physician or psychologist has documented, in the record itself, a professional judgment that showing those records to the employee could endanger the employee or someone else, or would expose sensitive information about a third person. In that case the records still get produced, but to the employee’s attorney or insurer rather than the employee directly.
Frequently Asked Questions
What employment records can a current or former employee request under Virginia law?
Records showing the employee’s dates of employment, wages or salary, job title and description, and any injuries sustained on the job, upon a written request to the employer.
How long does a Virginia employer have to respond to a records request?
Thirty days from receipt of the written request, or, if the employer explains the delay in writing, up to 30 more days after that notice.
Can an employer charge for copying requested employment records?
Yes — a reasonable per-page fee for paper records, or a reasonable fee for records kept electronically.
What can happen if an employer willfully refuses to turn over employment records?
The court can order the employer to pay the employee’s expenses in obtaining the records, refund fees already paid, and cover court costs and reasonable attorney fees.
Can an employer withhold injury records directly from the employee?
Yes, if the employee’s treating physician or clinical psychologist has documented that disclosure to the employee could endanger the employee or another person, though the records must still go to the employee’s attorney or insurer.
Amendment History
1987, c. 503; 2019, c. 733.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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