(a) (1) Except as provided in paragraph (2) of this subsection, a covered individual may not receive more than 12 weeks of benefits in an application year.

(2) A covered individual may receive an additional 12 weeks of benefits if the covered individual during the same application year:

(i) 1. received benefits because the covered individual was eligible for benefits under § 8.3-701(a)(1)(i) of this subtitle; and

2. becomes eligible for benefits under § 8.3-701(a)(1)(iii) of this subtitle; or

(ii) 1. received benefits because the covered individual was eligible for benefits under § 8.3-701(a)(1)(iii) of this subtitle; and

2. becomes eligible for benefits under § 8.3-701(a)(1)(i) of this subtitle.

(b) If a covered individual takes leave for which the covered individual is receiving benefits under this title, the leave shall run concurrently with eligible leave that may be taken by the covered individual under the federal Family and Medical Leave Act.

(c) (1) A covered individual shall exhaust all employer-provided leave that is not required to be provided under law before receiving benefits under this title.

(2) For the purposes of §§ 8.3-706 and 8.3-707 of this subtitle and §§ 8.3-904 and 8.3-905 of this title, employer-provided leave that is being exhausted as required under paragraph (1) of this subsection shall be treated the same as leave from work for which benefits may be paid under this title.

(3) This subsection may not be construed to reduce any weeks of leave for which benefits may be paid under this title.

(d) (1) Except as provided in paragraph (2) of this subsection, an individual receiving benefits under Title 8 of this article or wage replacement benefits under Title 9 of this article is not eligible to receive benefits under this title.

(2) An individual receiving compensation for a permanent partial disability under Title 9 of this article may be eligible for benefits under this title.