{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/51.1-1164.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/51.1-1164.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/51.1-1164.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/51.1-1164.html"}],"law_id":78555,"edition_id":1,"section_id":78555,"structure_id":14323,"section_number":"51.1-1164","catch_line":"Successive periods of short-term disability","history":"2012, cc. 701, 823; 2013, c. 463.","full_text":"A\n\nA participating employee&#8217;s disability, which is related or due to the same cause or causes as a prior disability for which supplemental short-term disability benefits were paid, shall be deemed to be a continuation of the prior disability if the employee (i) is eligible for benefits payable under the Act, whether or not he is receiving such benefits, and (ii) returns to his position on an active employment basis for less than 45 consecutive calendar days. If a participating employee, after receiving short-term disability benefits, immediately returns to work for less than 45 consecutive calendar days and cannot continue to work, the days worked shall be deemed to have interrupted the short-term disability benefits period, and such days worked shall not be counted for purposes of determining the maximum period for which the participating employee is eligible to receive short-term disability benefits. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee&#8217;s return to work.B\n\nIf a participating employee returns to his position on an active employment basis for 45 consecutive calendar days or longer, any succeeding period of disability shall constitute a new period of short-term disability.C\n\nThe period of 45 days referred to in subsections A and B shall be consecutive calendar days that the participating employee is (i) actively at work and (ii) fully released to return to work full time, full duty. The Retirement System shall develop policies and procedures to administer the effects of the 45-day period in connection with participants who are deemed to have a major chronic condition.","order_by":null,"text":{"0":{"id":281511,"text":"A participating employee&#8217;s disability, which is related or due to the same cause or causes as a prior disability for which supplemental short-term disability benefits were paid, shall be deemed to be a continuation of the prior disability if the employee (i) is eligible for benefits payable under the Act, whether or not he is receiving such benefits, and (ii) returns to his position on an active employment basis for less than 45 consecutive calendar days. If a participating employee, after receiving short-term disability benefits, immediately returns to work for less than 45 consecutive calendar days and cannot continue to work, the days worked shall be deemed to have interrupted the short-term disability benefits period, and such days worked shall not be counted for purposes of determining the maximum period for which the participating employee is eligible to receive short-term disability benefits. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee&#8217;s return to work.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":281512,"text":"If a participating employee returns to his position on an active employment basis for 45 consecutive calendar days or longer, any succeeding period of disability shall constitute a new period of short-term disability.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":281513,"text":"The period of 45 days referred to in subsections A and B shall be consecutive calendar days that the participating employee is (i) actively at work and (ii) fully released to return to work full time, full duty. The Retirement System shall develop policies and procedures to administer the effects of the 45-day period in connection with participants who are deemed to have a major chronic condition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14323,"edition_id":1,"name":"Work-Related Disability Benefits","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13331,"metadata":{},"date_created":"2026-06-26 03:47:45","date_modified":"2026-06-26 03:47:45","permalink":{"id":235711,"object_type":"structure","relational_id":14323,"identifier":"3","token":"51.1\/11.1\/3","url":"\/51.1\/11.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13331,"edition_id":1,"name":"Disability Program for Hybrid Retirement Program Participants","identifier":"11.1","label":"chapter","depth":2,"order_by":1,"parent_id":12947,"metadata":{},"date_created":"2026-06-26 03:44:39","date_modified":"2026-06-26 03:44:39","permalink":{"id":235657,"object_type":"structure","relational_id":13331,"identifier":"11.1","token":"51.1\/11.1","url":"\/51.1\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12947,"edition_id":1,"name":"Pensions, Benefits, and Retirement","identifier":"51.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":235029,"object_type":"structure","relational_id":12947,"identifier":"51.1","token":"51.1","url":"\/51.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55620,"structure_id":14323,"section_number":"51.1-1162","catch_line":"Applicability of article","url":"\/51.1-1162\/","token":"51.1\/11.1\/3\/51.1-1162","metadata":false},{"id":71036,"structure_id":14323,"section_number":"51.1-1163","catch_line":"Supplemental short-term disability benefit","url":"\/51.1-1163\/","token":"51.1\/11.1\/3\/51.1-1163","metadata":false},{"id":78555,"structure_id":14323,"section_number":"51.1-1164","catch_line":"Successive periods of short-term disability","url":"\/51.1-1164\/","token":"51.1\/11.1\/3\/51.1-1164","metadata":false},{"id":55822,"structure_id":14323,"section_number":"51.1-1165","catch_line":"Supplemental long-term disability benefit","url":"\/51.1-1165\/","token":"51.1\/11.1\/3\/51.1-1165","metadata":false},{"id":56582,"structure_id":14323,"section_number":"51.1-1166","catch_line":"Successive periods of long-term disability","url":"\/51.1-1166\/","token":"51.1\/11.1\/3\/51.1-1166","metadata":false},{"id":73936,"structure_id":14323,"section_number":"51.1-1167","catch_line":"Adjustments in supplemental disability benefits","url":"\/51.1-1167\/","token":"51.1\/11.1\/3\/51.1-1167","metadata":false},{"id":67067,"structure_id":14323,"section_number":"51.1-1168","catch_line":"Rehabilitation incentive","url":"\/51.1-1168\/","token":"51.1\/11.1\/3\/51.1-1168","metadata":false},{"id":76738,"structure_id":14323,"section_number":"51.1-1169","catch_line":"Cessation of supplemental disability benefits; service retirement","url":"\/51.1-1169\/","token":"51.1\/11.1\/3\/51.1-1169","metadata":false},{"id":62655,"structure_id":14323,"section_number":"51.1-1170","catch_line":"Coordination of benefits","url":"\/51.1-1170\/","token":"51.1\/11.1\/3\/51.1-1170","metadata":false}],"previous_section":{"id":71036,"structure_id":14323,"section_number":"51.1-1163","catch_line":"Supplemental short-term disability benefit","url":"\/51.1-1163\/","token":"51.1\/11.1\/3\/51.1-1163","metadata":false},"next_section":{"id":55822,"structure_id":14323,"section_number":"51.1-1165","catch_line":"Supplemental long-term disability benefit","url":"\/51.1-1165\/","token":"51.1\/11.1\/3\/51.1-1165","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/51.1-1164\/","history_text":"<p>This law was first created in 2012. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0701\">701<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0823\">823<\/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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0463\">463<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":235721,"object_type":"law","relational_id":78555,"identifier":"51.1-1164","token":"51.1\/11.1\/3\/51.1-1164","url":"\/51.1-1164\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/51.1-1164\/","token":"51.1\/11.1\/3\/51.1-1164","dublin_core":{"Title":"Successive periods of short-term disability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 51.1-1164","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">participating employee<\/span>&#8217;s disability, which is related or due to the same cause or causes as a prior disability for which supplemental short-term <span class=\"dictionary\">disability benefits<\/span> were paid, shall be deemed to be a continuation of the prior disability if the employee (i) is eligible for benefits payable under the <span class=\"dictionary\">Act<\/span>, whether or not he is receiving such benefits, and (ii) returns to his position on an active employment basis for less than 45 consecutive calendar days. If a <span class=\"dictionary\">participating employee<\/span>, after receiving short-term <span class=\"dictionary\">disability benefits<\/span>, immediately returns to work for less than 45 consecutive calendar days and cannot continue to work, the days worked shall be deemed to have interrupted the short-term <span class=\"dictionary\">disability benefits<\/span> period, and such days worked shall not be counted for purposes of determining the maximum period for which the <span class=\"dictionary\">participating employee<\/span> is eligible to receive short-term <span class=\"dictionary\">disability benefits<\/span>. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work <span class=\"dictionary\">programs<\/span> shall not be counted in determining the duration of the period of the employee&#8217;s return to work. <a id=\"paragraph-281511\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-1164\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> If a <span class=\"dictionary\">participating employee<\/span> returns to his position on an active employment basis for 45 consecutive calendar days or longer, any succeeding period of disability shall constitute a new period of short-term disability. <a id=\"paragraph-281512\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-1164\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The period of 45 days referred to in subsections A and B shall be consecutive calendar days that the <span class=\"dictionary\">participating employee<\/span> is (i) actively at work and (ii) fully released to return to work full time, full duty. The Retirement System shall develop policies and procedures to administer the effects of the 45-day period in connection with participants who are deemed to have a major chronic condition. <a id=\"paragraph-281513\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/51.1-1164\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSUCCESSIVE PERIODS OF SHORT-TERM DISABILITY (\u00a7 51.1-1164)\n\nA. A participating employee&#8217;s disability, which is related or due to the\nsame cause or causes as a prior disability for which supplemental short-term\ndisability benefits were paid, shall be deemed to be a continuation of the prior\ndisability if the employee (i) is eligible for benefits payable under the Act,\nwhether or not he is receiving such benefits, and (ii) returns to his position\non an active employment basis for less than 45 consecutive calendar days. If a\nparticipating employee, after receiving short-term disability benefits,\nimmediately returns to work for less than 45 consecutive calendar days and\ncannot continue to work, the days worked shall be deemed to have interrupted the\nshort-term disability benefits period, and such days worked shall not be counted\nfor purposes of determining the maximum period for which the participating\nemployee is eligible to receive short-term disability benefits. Days of work\narranged pursuant to vocational, rehabilitation, or return-to-work programs\nshall not be counted in determining the duration of the period of the\nemployee&#8217;s return to work.\n\nB. If a participating employee returns to his position on an active employment\nbasis for 45 consecutive calendar days or longer, any succeeding period of\ndisability shall constitute a new period of short-term disability.\n\nC. The period of 45 days referred to in subsections A and B shall be consecutive\ncalendar days that the participating employee is (i) actively at work and (ii)\nfully released to return to work full time, full duty. The Retirement System\nshall develop policies and procedures to administer the effects of the 45-day\nperiod in connection with participants who are deemed to have a major chronic\ncondition.\n\nHISTORY: 2012, cc. 701, 823; 2013, c. 463.","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}}