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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 51.1-1113 and 51.1-1124 of the Code of Virginia are amended and reenacted as follows:
§ 51.1-1113. Successive periods of long-term disability.
A. A participating employee's disability which is related or due to the same
cause or causes as a prior disability for which long-term disability benefits
were paid shall be deemed to be a continuation of the prior disability if the
employee returns to his a position on an active employment basis for less than
180 consecutive calendar days. Days of work arranged pursuant to vocational, rehabilitation, or
return-to-work programs shall not be counted in determining the duration of the
period of the employee's return to work.
B. If a participating employee returns to his a position on an active
employment basis for 180 consecutive calendar days or longer, any succeeding period of disability
shall constitute a new period of disability.
§ 51.1-1124. Successive periods of long-term disability.
A. A participating employee's disability which is related or due to the same
cause or causes as a prior disability for which supplemental long-term
disability benefits were paid shall be deemed to be a continuation of the prior
disability if the employee is eligible for benefits payable under the Act,
whether or not he is receiving such benefits, and returns to his a position on
an active employment basis for less than 180 consecutive calendar days. Days of
work arranged pursuant to vocational, rehabilitation, or return-to-work
programs shall not be counted in determining the duration of the period of the
employee's return to work.
B. If a participating employee returns to his a position on an active
employment basis for 180 consecutive calendar days or longer, any succeeding period of disability
shall constitute a new period of disability.