This is the 2026 edition of the code. There is not the current edition. Browse all editions.

§ 40.1-33.9 Employee’s right to benefits; restoration of position

A. No employer shall consider any period of time during which an eligible employee takes organ donation leave to be a break in the eligible employee’s continuous service for the purpose of the eligible employee’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, seniority, or other employee benefits.

B. An eligible employee who returns to work after taking organ donation leave shall be entitled to restoration by the employer of (i) the position of employment held by the eligible employee when the organ donation leave began or (ii) an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. An employer may deny restoration of the eligible employee’s position of employment under this subsection because of conditions unrelated to the exercise of rights established under this article.

History

This law was first created in 2023. The record of its establishment is cataloged in chapter 751 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.

2023, c. 751.

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