On April 12, the Virginia House of Delegates adopted the governor's recommendations and enacted legally protected leave for organ and bone marrow donation. Senate Bill 1086 requires Virginia employers with 50 or more employees to provide eligible employees with up to 60 business days per 12-month period of unpaid organ donation leave and up to 30 business days per 12-month period of bone marrow donation leave. Employees are eligible if they have worked for the employer for at least a 12-month period and 1,250 hours during the preceding 12 months.
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Text of the measure.
Effective date: 7/1/23
Additional Articles
To be eligible, (1) the employee has been employed by the employer for at least 12 months, and (2) the employee must have worked at least 1,250 hours for the employer in the previous 12 months. In addition, a physician must provide documentation that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation.
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Employers must continue to provide eligible employees health benefits during organ donor leave and must pay employees any commission that becomes due because of work performed prior to the leave. Eligible employees are entitled to be restored to the same or an equivalent position and retaliatory action for taking organ donor leave is prohibited.
Virginia Law Mandating Unpaid Organ Donor Leave Goes Into Effect July 2023
Jackson Lewis | Apr 2023
VA Donor Leave is separate from an employee’s rights under the federal Family and Medical Leave Act (FMLA) within the same year. As a result, employees may not take VA Donor Leave concurrently with FMLA leave.
New Virginia Law Requiring Unpaid Organ Donor Leave
Risk Strategies | Apr 2023
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