                                 CODE OF VIRGINIA

EMPLOYMENT WITH HOSPITAL, HIGHER EDUCATION, STATE, SUBDIVISION, OR CERTAIN
RELIGIOUS OR CHARITABLE ORGANIZATIONS (§ 60.2-213)

A. &#8220;Employment&#8221; includes:

   1. Service performed by an individual (i) in the employ of the Commonwealth or
   any of its political subdivisions or instrumentalities or (ii) in the employ
   of the Commonwealth and one or more other states or their political
   subdivisions or instrumentalities, for a hospital or institution of higher
   education located in this Commonwealth provided that such service is excluded
   from &#8220;employment&#8221; as defined in the Federal Unemployment Tax Act
   solely by reason of &#xA7; 3306(c)(7) of that act and is not excluded from
   &#8220;employment&#8221; under subsection B;

   2. Service performed by an individual (i) in the employ of the Commonwealth or
   any of its wholly owned instrumentalities or (ii) in the employ of the
   Commonwealth and one or more other states or their instrumentalities, provided
   that such service is excluded from &#8220;employment&#8221; as defined in the
   Federal Unemployment Tax Act (26 U.S.C.) by &#xA7; 3306(c)(7) of that act and
   is not excluded from &#8220;employment&#8221; under subsection B;

   3. Service performed by an individual (i) in the employ of any political
   subdivision of the Commonwealth or any of its wholly owned instrumentalities
   or (ii) in the employ of any instrumentality wholly owned by this
   Commonwealth, any of its political subdivisions or instrumentalities, or any
   instrumentality wholly owned by any of the foregoing and one or more other
   states or their political subdivisions, provided that such service is excluded
   from &#8220;employment&#8221; as defined in the Federal Unemployment Tax Act
   by &#xA7; 3306(c)(7) of that act and is not excluded from
   &#8220;employment&#8221; under subsection B;

   4. Service performed by an individual in the employ of a religious,
   charitable, educational or other organization but only if the following
   conditions are met:
   				a. Their service is excluded from &#8220;employment&#8221; as defined in
   the Federal Unemployment Tax Act (26 U.S.C.) solely by reason of &#xA7;
   3306(c)(8) of that act; and
   				b. The organization had four or more individuals in employment for some
   portion of a day in each of 20 different weeks, whether or not such weeks were
   consecutive, within either the current or preceding calendar year, regardless
   of whether they were employed at the same moment of time.

B. For the purposes of subdivisions A 3 and 4, the term &#8220;employment&#8221;
does not apply to service performed:

   1. In the employ of (i) a church or convention or association of churches, or
   (ii) an organization which is operated primarily for religious purposes and
   which is operated, supervised, controlled, or principally supported by a
   church or convention or association of churches;

   2. By a duly ordained, commissioned, or licensed minister of a church in the
   exercise of his ministry or by a member of a religious order in the exercise
   of duties required by such order;

   3. In a facility conducted for the purpose of carrying out a program of
   rehabilitation for individuals whose earning capacity is impaired by age,
   physical deficiency, mental illness, intellectual disability, or injury or
   providing remunerative work for individuals who because of their impaired
   physical or mental capacity cannot be readily absorbed in the competitive
   labor market by an individual receiving such rehabilitation or remunerative
   work;

   4. As part of an unemployment work-relief or work-training program assisted or
   financed in whole or in part by a federal agency or an agency of a state or
   political subdivision thereof, by an individual receiving such work relief or
   work training;

   5. By an inmate of a custodial or penal institution; or

   6. In the employ of the Commonwealth, or any political subdivision thereof or
   any instrumentality of any one or more of the foregoing as set forth in
   subdivisions A 1 through 3, if such service is performed by an individual in
   the exercise of duties:
   				a. As an elected official;
   				b. As a member of a legislative body, or a member of the judiciary;
   				c. As a member of the state National Guard or Air National Guard;
   				d. As an employee serving on a temporary basis in case of fire, storm,
   snow, earthquake, flood, or similar emergency; or
   				e. In a position which, under or pursuant to the laws of the Commonwealth,
   is designated as (i) a major nontenured policymaking or advisory position or
   (ii) a policymaking or advisory position the performance of the duties of
   which ordinarily does not require more than eight hours per week.

HISTORY: Code 1950, § 60-14; 1952, cc. 30, 184; 1956, c. 440; 1962, c. 71;
1968, c. 738, § 60.1-14; 1971, Ex. Sess., c. 235; 1972, c. 824; 1974, cc. 466,
660; 1976, c. 304; 1977, c. 330; 1979, c. 637; 1980, cc. 520, 522; 1981, cc. 28,
369, 374, 375; 1982, c. 25; 1983, c. 14; 1984, cc. 120, 139, 204; 1985, cc. 152,
254; 1986, c. 480; 2012, cc. 476, 507.