{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-33.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-33.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-33.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-33.9.html"}],"law_id":54263,"edition_id":1,"section_id":54263,"structure_id":13264,"section_number":"40.1-33.9","catch_line":"Employee’s right to benefits; restoration of position","history":"2023, c. 751.","full_text":"A\n\nNo 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\n\nAn 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.","order_by":null,"text":{"0":{"id":199217,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199218,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-33.9\/","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":220017,"object_type":"law","relational_id":54263,"identifier":"40.1-33.9","token":"40.1\/3\/2.2\/40.1-33.9","url":"\/40.1-33.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-33.9\/","token":"40.1\/3\/2.2\/40.1-33.9","dublin_core":{"Title":"Employee’s right to benefits; restoration of position","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-33.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No employer<\/span> shall consider any period of time during which an eligible employee<\/span> takes organ donation leave<\/span> to be a break in the eligible employee<\/span>’s continuous service for the purpose of the eligible employee<\/span>’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, seniority, or other employee benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An eligible employee<\/span> who returns to work after taking organ donation leave<\/span> shall be entitled to restoration by the employer<\/span> of (i) the position of employment held by the eligible employee<\/span> when the organ donation leave<\/span> began or (ii) an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. An employer<\/span> may deny restoration of the eligible employee<\/span>’s position of employment under this subsection because of conditions unrelated to the exercise of rights established under this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYEE’S RIGHT TO BENEFITS; RESTORATION OF POSITION (\u00a7 40.1-33.9)\n\nA. No employer shall consider any period of time during which an eligible\nemployee takes organ donation leave to be a break in the eligible\nemployee’s continuous service for the purpose of the eligible\nemployee’s right to salary adjustments, sick leave, vacation, paid time\noff, annual leave, seniority, or other employee benefits.\n\nB. An eligible employee who returns to work after taking organ donation leave\nshall be entitled to restoration by the employer of (i) the position of\nemployment held by the eligible employee when the organ donation leave began or\n(ii) an equivalent position with equivalent employment benefits, pay, and other\nterms and conditions of employment. An employer may deny restoration of the\neligible employee’s position of employment under this subsection because\nof conditions unrelated to the exercise of rights established under this\narticle.\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}}