Virginia Code 51.1-1158: Successive periods of long-term disability.
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A. A participating employee‘s disability, which is related or due to the same cause or causes as a prior disability for which long-term disability benefits were paid, shall be deemed to be a continuation of the prior disability if the employee returns to a position on an active employment basis for less than 125 consecutive work days. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee’s return to work.
Terms Used In Virginia Code 51.1-1158
- Disability: means a partial disability or total disability. See Virginia Code 51.1-1150
- Participating employee: means any eligible employee required to participate in the program. See Virginia Code 51.1-1150
B. If a participating employee returns to a position on an active employment basis for 125 consecutive work days or longer, any succeeding period of disability shall constitute a new period of disability.