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2004 SESSION


CHAPTER 1019
An Act to amend and reenact § 51.1-1110 of the Code of Virginia, relating to the Virginia Sickness and Disability Program.
[S 628]
Approved April 21, 2004

Be it enacted by the General Assembly of Virginia:

1. That § 51.1-1110 of the Code of Virginia is amended and reenacted as follows:

§ 51.1-1110. Short-term disability benefit.

A. 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 twenty 20 hours or less during the waiting period. Short term Short-term disability benefits payable as the result of a catastrophic disability or major chronic condition shall not require a waiting period.

B. Except as provided in subsection D 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: 

               Work days of 100%   Work days of 80%   Work days of 60%
                  replacement        replacement        replacement
  Months of      of creditable      of creditable      of creditable
state service    compensation        compensation       compensation
Less than 60            5                 20                100
60 to 119              25                 25                 75
120 to 179             25                 50                 50
180 or more            25                 75                 25

C. 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.

D. 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.

E. 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.

F. Notwithstanding any other provision of this section, short-term disability benefits for elective medical procedures, including but not limited to surgery, shall not be payable during the first six months of employment or reemployment as an eligible employee without approval of the employer. The employee shall give reasonable advance notice to his immediate supervisor and the employer shall not unreasonably withhold authorization for such medically necessary absences.

2. That the provisions of this act shall not apply to short-term disability benefits for which payment began prior to July 1, 2004.