51.1-1111 - Successive periods of short-term disability. - Virginia Statutes

§ 51.1-1111. Successive periods of short-term disability.

A. A participating employee's disability which is related or due to the samecause or causes as a prior disability for which short-term disabilitybenefits were paid shall be deemed to be a continuation of the priordisability if the employee returns to his position on an active employmentbasis for less than 45 consecutive calendar days. If a participatingemployee, after receiving short-term disability benefits, immediately returnsto work for less than 45 consecutive calendar days and cannot continue towork, the days worked shall be deemed to have interrupted the short-termdisability benefits period, and such days worked shall not be counted forpurposes of determining the maximum period for which the participatingemployee is eligible to receive short-term disability benefits. Days of workarranged pursuant to vocational, rehabilitation, or return-to-work programsshall not be counted in determining the duration of the period of theemployee's return to work.

B. If a participating employee returns to his position on an activeemployment basis for 45 consecutive calendar days or longer, any succeedingperiod of disability shall constitute a new period of short-term disability.

C. The period of 45 days referred to in subsections A and B shall beconsecutive calendar days that the participating employee is (i) actively atwork and (ii) fully released to return to work full time, full duty. TheRetirement System shall develop policies and procedures to administer theeffects of the 45-day period in connection with participants who are deemedto have a major chronic condition.

(1998, c. 774; 2010, c. 750.)