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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82207</law_id><section_number>51.1-1100</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>2.2-1210</reference><reference>2.2-2817.2</reference><reference>23.1-1000</reference><reference>33.2-290</reference><reference>4.1-101.05</reference><reference>4.1-623</reference><reference>51.1-1150</reference><reference>51.1-124.22</reference><reference>9.1-401.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="51.1">Pensions, Benefits, and Retirement</unit><unit label="chapter" level="2" order_by="1" identifier="11">Sickness and Disability Program</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Act</span>&#x201D; means the Virginia Workers&#x2019; Compensation <span class="dictionary">Act</span> (&#xA7;&#xA0;<a class="law" title="Short title" href="/65.2-100/">65.2-100</a> et seq.).
		&#x201C;<span class="dictionary">Company</span>&#x201D; means an insurance <span class="dictionary">company</span> issuing a long-term disability insurance policy purchased by the Board pursuant to this chapter.
		&#x201C;Disability&#x201D; means a partial disability or total disability.
		&#x201C;<span class="dictionary">Disability benefit</span>&#x201D; means income replacement payments payable to a <span class="dictionary">participating employee</span> under a short-term or long-term <span class="dictionary">disability benefit</span> <span class="dictionary">program</span> pursuant to this chapter. <span class="dictionary">Disability benefits</span> do not include benefits payable under the <span class="dictionary">Act</span>.
		&#x201C;<span class="dictionary">Eligible employee</span>&#x201D; means (i) a state employee as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-124.3/">51.1-124.3</a> who is a member of the retirement system, including the hybrid retirement <span class="dictionary">program</span> described in &#xA7;&#xA0;<a class="law" title="Hybrid retirement program" href="/51.1-169/">51.1-169</a>; (ii) an employee as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-201/">51.1-201</a>; (iii) an employee as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-212/">51.1-212</a>; or (iv) a <span class="dictionary">qualifying part-time employee</span>. Any person participating in a plan established pursuant to &#xA7;&#xA0;<a class="law" title="Employees of institutions of higher education" href="/51.1-126/">51.1-126</a>, <a class="law" title="Certain employees of teaching hospitals" href="/51.1-126.1/">51.1-126.1</a>, <a class="law" title="Employees of the Virginia Port Authority" href="/51.1-126.4/">51.1-126.4</a>, <a class="law" title="Defined contribution plan for eligible members" href="/51.1-126.5/">51.1-126.5</a>, <a class="law" title="Certain employees of teaching hospitals" href="/51.1-502.1/">51.1-502.1</a>, or <a class="law" title="Certain employees of the Virginia Port Authority" href="/51.1-502.3/">51.1-502.3</a> shall not be an <span class="dictionary">eligible employee</span>. Employees of the University of Virginia Medical Center covered under the basic insurance policies purchased by the Medical Center shall not be considered <span class="dictionary">eligible employees</span> under this chapter, unless the University of Virginia Board of Visitors, or a duly authorized agent or representative of the Board of Visitors, purchases such insurance policies from the Virginia Retirement System.
		&#x201C;<span class="dictionary">Existing employee</span>&#x201D; means an employee who elected to participate in the Virginia Sickness and Disability <span class="dictionary">Program</span>.
		&#x201C;Partial disability&#x201D; exists during the first 24 months following the occurrence or commencement of an illness or injury when an employee is earning less than 80 percent of his predisability earnings and, as a result of an injury or illness, is (i) able to perform one or more, but not all, of the essential job functions of his own job on an active employment or a part-time basis; or (ii) able to perform all of the essential job functions of his own job only on a part-time basis.
		&#x201C;<span class="dictionary">Participating employee</span>&#x201D; means any <span class="dictionary">eligible employee</span> required or electing to participate in the <span class="dictionary">program</span>.
		&#x201C;<span class="dictionary">Program</span>&#x201D; means the <span class="dictionary">program</span> providing sick leave, family and personal leave, short-term disability, and long-term <span class="dictionary">disability benefits</span> for <span class="dictionary">participating employees</span> established pursuant to this chapter.
		&#x201C;<span class="dictionary">Qualifying part-time employee</span>&#x201D; means any person who would qualify as a state employee as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-124.3/">51.1-124.3</a> but, rather than being regularly employed full time on a salaried basis, is regularly employed part time for at least 20 hours but less than 40 hours per week on a salaried basis.
		&#x201C;<span class="dictionary">State service</span>&#x201D; means the employee&#x2019;s total period of <span class="dictionary">state service</span> as an <span class="dictionary">eligible employee</span>, including all periods of classified full-time and classified part-time service and periods of leave without pay, but not including periods during which the employee did not meet the definition of an <span class="dictionary">eligible employee</span>.
		&#x201C;Total disability&#x201D; exists (i) during the first 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform all of his essential job functions or (ii) after 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform any job for which he is reasonably qualified based on his training or experience and earning less than 80 percent of his predisability earnings.
		&#x201C;<span class="dictionary">Work-related injury</span>&#x201D; means an injury, as such term is defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/65.2-101/">65.2-101</a>, to a <span class="dictionary">participating employee</span> for which benefits are payable under the <span class="dictionary">Act</span> and the Commonwealth is the employer for purposes of the <span class="dictionary">Act</span>.
		In addition to the definitions listed above, the definitions listed in &#xA7;&#xA0;<a class="law" title="Definitions" href="/51.1-124.3/">51.1-124.3</a> shall apply to this chapter except as otherwise provided.</p></section></text><history>1998, c. 774; 1999, c. 144; 2000, c. 889; 2001, c. 694; 2012, cc. 701, 823; 2013, c. 463; 2015, c. 660.</history><metadata></metadata></law>
