{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.8.html"}],"law_id":73484,"edition_id":1,"section_id":73484,"structure_id":13264,"section_number":"40.1-33.8","catch_line":"Organ donation leave","history":"2023, c. 751.","full_text":"A\n\nAn employer shall provide an eligible employee (i) up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor.B\n\nTo receive organ donation leave, the eligible employee shall provide written physician verification to the employer that (i) the eligible employee is an organ donor or a bone marrow donor and (ii) there is a medical necessity for the donation of the organ or bone marrow.C\n\nNo employee shall take organ donation leave concurrently with leave taken under the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.).D\n\nNothing in this article shall be construed to:1\n\nDiscourage an employer from adopting or retaining leave policies more generous than required by this article;2\n\nExcept as provided in subsection C, prohibit an employee from taking paid sick leave or other paid time off to which the employee is otherwise entitled in addition to or in lieu of organ donation leave; or3\n\nDiminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides an amount of organ donation leave sufficient to meet the requirements of this article and that may be used for the same purposes and under the same conditions as organ donation leave under this article.","order_by":null,"text":{"0":{"id":264410,"text":"An employer shall provide an eligible employee (i) up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":264411,"text":"To receive organ donation leave, the eligible employee shall provide written physician verification to the employer that (i) the eligible employee is an organ donor or a bone marrow donor and (ii) there is a medical necessity for the donation of the organ or bone marrow.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":264412,"text":"No employee shall take organ donation leave concurrently with leave taken under the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":264413,"text":"Nothing in this article shall be construed to:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":264414,"text":"Discourage an employer from adopting or retaining leave policies more generous than required by this article;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":264415,"text":"Except as provided in subsection C, prohibit an employee from taking paid sick leave or other paid time off to which the employee is otherwise entitled in addition to or in lieu of organ donation leave; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":264416,"text":"Diminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides an amount of organ donation leave sufficient to meet the requirements of this article and that may be used for the same purposes and under the same conditions as organ donation leave under this article.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2"}},"ancestry":[{"id":13264,"edition_id":1,"name":"Organ Donation Leave","identifier":"2.2","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:44:32","date_modified":"2026-06-26 03:44:32","permalink":{"id":219995,"object_type":"structure","relational_id":13264,"identifier":"2.2","token":"40.1\/3\/2.2","url":"\/40.1\/3\/2.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64375,"structure_id":13264,"section_number":"40.1-33.10","catch_line":"Health benefit plan; commission","url":"\/40.1-33.10\/","token":"40.1\/3\/2.2\/40.1-33.10","metadata":false},{"id":73191,"structure_id":13264,"section_number":"40.1-33.11","catch_line":"Retaliatory action prohibited","url":"\/40.1-33.11\/","token":"40.1\/3\/2.2\/40.1-33.11","metadata":false},{"id":77382,"structure_id":13264,"section_number":"40.1-33.12","catch_line":"Enforcement; civil penalty","url":"\/40.1-33.12\/","token":"40.1\/3\/2.2\/40.1-33.12","metadata":false},{"id":85185,"structure_id":13264,"section_number":"40.1-33.7","catch_line":"Definitions","url":"\/40.1-33.7\/","token":"40.1\/3\/2.2\/40.1-33.7","metadata":false},{"id":73484,"structure_id":13264,"section_number":"40.1-33.8","catch_line":"Organ donation leave","url":"\/40.1-33.8\/","token":"40.1\/3\/2.2\/40.1-33.8","metadata":false},{"id":54263,"structure_id":13264,"section_number":"40.1-33.9","catch_line":"Employee's right to benefits; restoration of position","url":"\/40.1-33.9\/","token":"40.1\/3\/2.2\/40.1-33.9","metadata":false}],"previous_section":{"id":85185,"structure_id":13264,"section_number":"40.1-33.7","catch_line":"Definitions","url":"\/40.1-33.7\/","token":"40.1\/3\/2.2\/40.1-33.7","metadata":false},"next_section":{"id":54263,"structure_id":13264,"section_number":"40.1-33.9","catch_line":"Employee's right to benefits; restoration of position","url":"\/40.1-33.9\/","token":"40.1\/3\/2.2\/40.1-33.9","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.8\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 751<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":220013,"object_type":"law","relational_id":73484,"identifier":"40.1-33.8","token":"40.1\/3\/2.2\/40.1-33.8","url":"\/40.1-33.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.8\/","token":"40.1\/3\/2.2\/40.1-33.8","dublin_core":{"Title":"Organ donation leave","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An employer<\/span> shall provide an eligible employee<\/span> (i) up to 60 business days of unpaid organ donation leave<\/span> in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave<\/span> in any 12-month period to serve as a bone marrow donor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> To receive organ donation leave<\/span>, the eligible employee<\/span> shall provide written physician verification to the employer<\/span> that (i) the eligible employee<\/span> is an organ donor or a bone marrow donor and (ii) there is a medical necessity for the donation of the organ or bone marrow. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No employee shall take organ donation leave<\/span> concurrently with leave taken under the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this article shall be construed to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Discourage an employer<\/span> from adopting or retaining leave policies more generous than required by this article; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Except as provided in subsection C, prohibit an employee from taking paid sick leave or other paid time off to which the employee is otherwise entitled in addition to or in lieu of organ donation leave<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Diminish the obligation of an employer<\/span> to comply with a collective bargaining agreement or an employment benefit program or plan that provides an amount of organ donation leave<\/span> sufficient to meet the requirements of this article and that may be used for the same purposes and under the same conditions as organ donation leave<\/span> under this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nORGAN DONATION LEAVE (\u00a7 40.1-33.8)\n\nA. An employer shall provide an eligible employee (i) up to 60 business days of\nunpaid organ donation leave in any 12-month period to serve as an organ donor\nand (ii) up to 30 business days of unpaid organ donation leave in any 12-month\nperiod to serve as a bone marrow donor.\n\nB. To receive organ donation leave, the eligible employee shall provide written\nphysician verification to the employer that (i) the eligible employee is an\norgan donor or a bone marrow donor and (ii) there is a medical necessity for the\ndonation of the organ or bone marrow.\n\nC. No employee shall take organ donation leave concurrently with leave taken\nunder the federal Family and Medical Leave Act (29 U.S.C. § 2601 et seq.).\n\nD. Nothing in this article shall be construed to:\n\n 1. Discourage an employer from adopting or retaining leave policies more\n generous than required by this article;\n\n 2. Except as provided in subsection C, prohibit an employee from taking paid\n sick leave or other paid time off to which the employee is otherwise entitled\n in addition to or in lieu of organ donation leave; or\n\n 3. Diminish the obligation of an employer to comply with a collective\n bargaining agreement or an employment benefit program or plan that provides an\n amount of organ donation leave sufficient to meet the requirements of this\n article and that may be used for the same purposes and under the same\n conditions as organ donation leave under this article.\n\nHISTORY: 2023, c. 751.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}