Virginia Code 51.1-1155: Short-term disability benefit.
A. Except as provided in subsection B of § 51.1-1153, 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 51.1-1155
- Continuous service: means an uninterrupted period of service as a participating employee with the same employer. See Virginia Code 51.1-1150
- Disability: means a partial disability or total disability. See Virginia Code 51.1-1150
- Partial disability: means a disability that exists during the first 24 months following the occurrence or commencement of an illness or injury when an employee is earning less than 80 percent of his predisability earnings and, as a result of an injury or illness, is (i) able to perform one or more, but not all, of the essential job functions of his own job on an active employment or a part-time basis; or (ii) able to perform all of the essential job functions of his own job only on a part-time basis. See Virginia Code 51.1-1150
- Participating employee: means any eligible employee required to participate in the program. See Virginia Code 51.1-1150
- Service: means a period of service as a participating employee. See Virginia Code 51.1-1150
- Total disability: means a disability that exists (i) during the first 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform all of his essential job functions or (ii) after 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform any job for which he is reasonably qualified based on his training or experience and earning less than 80 percent of his predisability earnings. See Virginia Code 51.1-1150
B. Except as provided in § 51.1-1171, 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 service and (ii) thereafter, a percentage of a participating employee’s creditable compensation during the periods specified below, based on the number of months of continuous service attained by an employee who is disabled, on maternity leave, or takes periodic absences due to a major chronic condition, 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 |
Continuous |
Creditable |
Creditable |
Creditable |
| d |
Service |
Compensation |
Compensation |
Compensation |
| e |
60-119 |
25 |
25 |
75 |
| f |
120-179 |
25 |
50 |
50 |
| g |
180 or more |
25 |
75 |
25 |
C. Creditable compensation during periods an employee receives short-term disability benefits shall include salary increases awarded during the period covered by short-term disability benefits.
D. 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.