A. During any period that an eligible employee takes organ donation leave, an employer shall maintain coverage of a health benefit plan for the duration of the organ donation leave and in the same manner that coverage would have been provided if the eligible employee had continued in employment continuously for the duration of the organ donation leave.

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Terms Used In Virginia Code 40.1-33.10

  • Commission: means the Safety and Health Codes Board. See Virginia Code 40.1-2
  • Eligible employee: means an individual who has requested that an employer provide organ donation leave and who, as of the date that the requested organ donation leave begins, will have been employed by that employer for at least (i) a 12-month period and (ii) 1,250 hours during the previous 12 months. See Virginia Code 40.1-33.7
  • Employee: means any person who, in consideration of wages, salaries or commissions, may be permitted, required or directed by any employer to engage in any employment directly or indirectly. See Virginia Code 40.1-2
  • employer: includes the Commonwealth and its agencies, institutions, and political subdivisions. See Virginia Code 40.1-33.7
  • Organ donation leave: means leave of an eligible employee for the purpose of donating one or more of such employee's human organs, including bone marrow, to be medically transplanted into the body of another individual. See Virginia Code 40.1-33.7

B. If an eligible employee works on a commission basis, an employer shall pay to the eligible employee during any period of organ donation leave any commission that becomes due because of work the eligible employee performed before taking organ donation leave.

2023, c. 751.