51.1-1100 - Definitions.
§ 51.1-1100. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Act" means the Virginia Workers' Compensation Act (§ 65.2-100 et seq.).
"Company" means an insurance company issuing a long-term disabilityinsurance policy purchased by the Board pursuant to this chapter.
"Disability" means a partial disability or total disability.
"Disability benefit" means income replacement payments payable to aparticipating employee under a short-term or long-term disability benefitprogram pursuant to this chapter. Disability benefits do not include benefitspayable under the Act.
"Eligible employee" means (i) a state employee as defined in § 51.1-124.3who is a member of the retirement system, (ii) an employee as defined in §51.1-201, (iii) an employee as defined in § 51.1-212, or (iv) a qualifyingpart-time employee. Any person participating in a plan established pursuantto §§ 51.1-126, 51.1-126.1, 51.1-126.4, 51.1-126.5, 51.1-502.1, or §51.1-502.3 shall not be an eligible employee. Employees of the University ofVirginia Medical Center covered under the basic insurance policies purchasedby the Medical Center shall not be considered eligible employees under thischapter, unless the University of Virginia Board of Visitors, or a dulyauthorized agent or representative of the Board of Visitors, purchases suchinsurance policies from the Virginia Retirement System.
"Existing employee" means an employee who elected to participate in theVirginia Sickness and Disability Program.
"Partial disability" exists during the first twenty-four months followingthe occurrence or commencement of an illness or injury when an employee isearning less than eighty percent of his predisability earnings and, as aresult of an injury or illness, is (i) able to perform one or more, but notall, of the essential job functions of his own job on an active employment ora part-time basis or (ii) able to perform all of the essential job functionsof his own job only on a part-time basis.
"Participating employee" means any eligible employee required or electingto participate in the program.
"Program" means the program providing sick leave, family and personalleave, short-term disability, and long-term disability benefits forparticipating employees established pursuant to this chapter.
"Qualifying part-time employee" means any person who would qualify as astate employee as defined in § 51.1-124.3 but, rather than being regularlyemployed full time on a salaried basis, is regularly employed part time forat least twenty hours but less than forty hours per week on a salaried basis.
"State service" means the employee's total period of state service as aneligible employee, including all periods of classified full-time andclassified part-time service and periods of leave without pay, but notincluding periods during which the employee did not meet the definition of aneligible employee.
"Total disability" exists (i) during the first twenty-four months followingthe occurrence or commencement of an illness or injury if an employee isunable to perform all of his essential job functions or (ii) aftertwenty-four months following the occurrence or commencement of an illness orinjury if an employee is unable to perform any job for which he is reasonablyqualified based on his training or experience and earning less than eightypercent of his predisability earnings.
"Work-related injury" means an injury, as such term is defined in §65.2-101, to a participating employee for which benefits are payable underthe Act and the Commonwealth is the employer for purposes of the Act.
In addition to the definitions listed above, the definitions listed in §51.1-124.3 shall apply to this chapter except as otherwise provided.
(1998, c. 774; 1999, c. 144; 2000, c. 889; 2001, c. 694.)