51.1-1110 - Short-term disability benefit.
§ 51.1-1110. Short-term disability benefit.
A. Except as provided in subsection D of § 51.1-1103, short-term disabilitybenefits for participating employees shall commence upon the expiration of aseven-calendar-day waiting period. The waiting period shall commence thefirst day of a disability or of maternity leave. If an employee returns towork for one day or less during the seven-calendar-day waiting period butcannot continue to work, the periods worked shall not be considered to haveinterrupted the seven-calendar-day waiting period. Additionally, theseven-calendar-day waiting period shall not be considered to be interruptedif the employee works 20 hours or less during the waiting period. Short-termdisability benefits payable as the result of a catastrophic disability ormajor chronic condition shall not require a waiting period.
B. Except as provided in subsections C and E of this section and § 51.1-1131,short-term disability coverage shall provide income replacement for apercentage of a participating employee's creditable compensation during theperiod specified below that an employee is disabled, on maternity leave, ortakes periodic absences due to a major chronic condition, as determined bythe Board or its designee, based on the number of months of state service asan eligible employee, as follows:
Work days of 100% Work days of 80% Work days of 60%
replacement replacement replacement
Months of of creditable of creditable of creditable
state service compensation compensation compensation
Less than 60 5 20 100
60 to 119 25 25 75
120 to 179 25 50 50
180 or more 25 75 25
C. For all eligible employees commencing employment or reemployment on orafter July 1, 2009, except as provided in subsections B and E of this sectionand § 51.1-1131, short-term disability coverage shall provide incomereplacement for (i) 60 percent of a participating employee's creditablecompensation for the first 60 months of continuous state service afteremployment or reemployment and (ii) thereafter, a percentage of aparticipating employee's creditable compensation during the periods specifiedbelow, based on the number of months of continuous state service, that anemployee is disabled, on maternity leave, or takes periodic absences due to amajor chronic condition:
Work days of 100% Work days of 80% Work days of 60%
replacement replacement replacement
Months of of creditable of creditable of creditable
state service compensation compensation compensation
60 to 119 25 25 75
120 to 179 25 50 50
180 or more 25 75 25
D. Creditable compensation during periods an employee receives short-termdisability benefits shall include general salary increases awarded during theperiod of short-term disability coverage.
E. An employee's disability credits may be used, on a day for day basis, toextend the period an employee receives short-term disability benefits paid at100 percent of replacement of creditable compensation.
F. Short-term disability benefits shall be payable only during periods of (i)total disability, (ii) partial disability, (iii) maternity leave, or (iv)periodic absences due to a major chronic condition as defined by the Board orits designee.
(1998, c. 774; 1999, c. 144; 2000, c. 889; 2004, c. 1019; 2010, c. 750.)