Code of Virginia - Title 51.1 Pensions, Benefits, And Retirement - Section 51.1-1110 Short-term disability benefit

§ 51.1-1110. Short-term disability benefit

A. Short-term disability benefits for participating employees shall commence upon the expiration of a seven-calendar-day waiting period. The waiting period shall commence the first day of a disability or of maternity leave. If an employee returns to work for one day or less during the seven-calendar-day waiting period but cannot continue to work, the periods worked shall not be considered to have interrupted the seven-calendar-day waiting period. Additionally, the seven-calendar-day waiting period shall not be considered to be interrupted if the employee works 20 hours or less during the waiting period. Short-term disability benefits payable as the result of a catastrophic disability or major chronic condition shall not require a waiting period.

B. Except as provided in subsection D and § 51.1-1131, short-term disability coverage shall provide income replacement for a percentage of a participating employee's creditable compensation during the period specified below that an employee is disabled, on maternity leave, or takes periodic absences due to a major chronic condition, as determined by the Board or its designee, based on the number of months of state service as an eligible employee, as follows:


               Work days of 100%   Work days of 80%   Work days of 60%
                  replacement        replacement        replacement
  Months of      of creditable      of creditable      of creditable
state service    compensation        compensation       compensation
Less than 60           5                 20                100
60 to 119             25                 25                 75
120 to 179            25                 50                 50
180 or more           25                 75                 25

C. Creditable compensation during periods an employee receives short-term disability benefits shall include general salary increases awarded during the period of short-term disability coverage.

D. An employee's disability credits may be used, on a day for day basis, to extend the period an employee receives short-term disability benefits paid at 100 percent of replacement of creditable compensation.

E. Short-term disability benefits shall be payable only during periods of (i) total disability, (ii) partial disability, (iii) maternity leave, or (iv) periodic absences due to a major chronic condition as defined by the Board or its designee.

F. Notwithstanding any other provision of this section, short-term disability benefits for elective medical procedures, including but not limited to surgery, shall not be payable during the first six months of employment or reemployment as an eligible employee without approval of the employer. The employee shall give reasonable advance notice to his immediate supervisor and the employer shall not unreasonably withhold authorization for such medically necessary absences.

(1998, c. 774; 1999, c. 144; 2000, c. 889; 2004, c. 1019.)

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Last modified: April 16, 2009