                                 CODE OF VIRGINIA

ORGAN DONATION LEAVE (§ 40.1-33.8)

A. 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.

B. 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.

C. No employee shall take organ donation leave concurrently with leave taken
under the federal Family and Medical Leave Act (29 U.S.C. &#xA7; 2601 et seq.).

D. Nothing in this article shall be construed to:

   1. Discourage an employer from adopting or retaining leave policies more
   generous than required by this article;

   2. 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

   3. 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.

HISTORY: 2023, c. 751.