                                 CODE OF VIRGINIA

EMPLOYEE&#8217;S RIGHT TO BENEFITS; RESTORATION OF POSITION (§ 40.1-33.9)

A. 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&#8217;s continuous service for the purpose of the eligible
employee&#8217;s right to salary adjustments, sick leave, vacation, paid time
off, annual leave, seniority, or other employee benefits.

B. 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&#8217;s position of employment under this subsection because
of conditions unrelated to the exercise of rights established under this
article.

HISTORY: 2023, c. 751.