Virginia Code 51.1-1110: Short-term disability benefit.
A. Except as provided in subsection D of § 51.1-1103, 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.
Terms Used In Virginia Code 51.1-1110
- Disability: means a partial disability or total disability. See Virginia Code 51.1-1100
- Eligible employee: means (i) a state employee as defined in § Virginia Code 51.1-1100
- Participating employee: means any eligible employee required or electing to participate in the program. See Virginia Code 51.1-1100
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- State service: means the employee's total period of state service as an eligible employee, including all periods of classified full-time and classified part-time service and periods of leave without pay, but not including periods during which the employee did not meet the definition of an eligible employee. See Virginia Code 51.1-1100
B. Except as provided in subsections C and E of this section 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:
|
a |
|
Work days of 100% |
Work days of 80% |
Work days of 60% |
|
b |
Months of |
replacement of |
replacement of |
replacement of |
|
c |
state service |
creditable compensation |
creditable compensation |
creditable compensation |
|
d |
Less than 60 |
5 |
20 |
100 |
|
e |
60 to 119 |
25 |
25 |
75 |
|
f |
120 to 179 |
25 |
50 |
50 |
|
g |
180 or more |
25 |
75 |
25 |
C. For all eligible employees commencing employment or reemployment on or after July 1, 2009, except as provided in subsections B and E of this section and § 51.1-1131, short-term disability coverage shall provide income replacement for (i) 60 percent of a participating employee’s creditable compensation for the first 60 months of continuous state service after employment or reemployment and (ii) thereafter, a percentage of a participating employee’s creditable compensation during the periods that he is disabled, on maternity leave, or takes periodic absences due to a major chronic condition, based on the number of months of continuous state service, as determined by the Board or its designee, as follows:
|
a |
|
Work days of 100% |
Work days of 80% |
Work days of 60% |
|
b |
Months of |
replacement of |
replacement of |
replacement of |
|
c |
state service |
creditable compensation |
creditable compensation |
creditable compensation |
|
d |
60 to 119 |
25 |
25 |
75 |
|
e |
120 to 179 |
25 |
50 |
50 |
|
f |
180 or more |
25 |
75 |
25 |
D. 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.
E. 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.
F. 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.
1998, c. 774; 1999, c. 144; 2000, c. 889; 2004, c. 1019; 2010, c. 750; 2012, c. 417.