Virginia Code 40.1-33.9: Employee’s right to benefits; restoration of position.
A. No employer shall consider any period of time during which an eligible employee takes organ donation leave to be a break in the eligible employee‘s continuous service for the purpose of the eligible employee’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, seniority, or other employee benefits.
Terms Used In Virginia Code 40.1-33.9
- 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. An eligible employee who returns to work after taking organ donation leave shall be entitled to restoration by the employer of (i) the position of employment held by the eligible employee when the organ donation leave began or (ii) an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. An employer may deny restoration of the eligible employee’s position of employment under this subsection because of conditions unrelated to the exercise of rights established under this article.
2023, c. 751.