By: HUB's Absence Management Team
On April 12, 2023, Virginia’s Governor signed into law the Organ Donor Leave Act. The Legislation, which goes into effect on July 1, 2023, makes Virginia the 20th state to enact such legislation.
Virginia Organ Donor Leave Act
On April 12, 2023, Virginia’s Governor signed into law legislation mandating unpaid leave for Organ Donors. This requires employers with a minimum of 50 employees to provide up to sixty (60) days of unpaid leave for organ donation and up to thirty (30) days of unpaid leave for bone marrow donation.
In order to be eligible, employees must meet the FMLA (Family Medical Leave Act) eligibility criteria of working a minimum of twelve (12) calendar months and a minimum of 1,250 hours in the twelve (12) months preceding the leave request.
Eligible employers must provide written verification from their doctor to the employer that the eligible employee is an organ donor or a bone marrow donor and there is a medical necessity for the donation of the organ or bone marrow.
Employers are required to maintain health benefits for employees who are on Organ Donor Leave and will be eligible for reinstatement to the same or equivalent position when they return for leave. While the leave is unpaid, employers must pay for any commissions that become due during the leave as a result of work performed prior to the start of the leave.
Next Steps
Employers who meet the eligibility requirements in Virginia should review and update their handbooks prior to July 1, 2023. Employers should also update their leave practices if administering internally or confirm with their third-party administrator if leave is being externally managed.
HUB’s Workforce Absence Management Team will continue to monitor this and provide updates as needed.
NOTICE OF DISCLAIMER
Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant, or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.