                                 CODE OF VIRGINIA

SUCCESSIVE PERIODS OF SHORT-TERM DISABILITY (§ 51.1-1122)

A. 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.

B. 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.

C. 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.

HISTORY: 1998, c. 774; 2010, c. 750.