51.1-1121 - Supplemental short-term disability benefit.
§ 51.1-1121. Supplemental short-term disability benefit.
A. Payments of supplemental short-term disability benefits payable under thisarticle shall be reduced by an amount equal to any benefits paid to theemployee under the Act, or which the employee is entitled to receive underthe Act, excluding any payments for medical, legal or rehabilitation expenses.
B. Supplemental short-term disability benefits for participating employeesshall commence upon the expiration of a seven-calendar-day waiting period.The waiting period shall commence the first day of a disability. If anemployee returns to work for one day or less during the seven calendar daysfollowing the commencement of a disability but cannot continue to work, theperiods worked shall not be considered to have interrupted theseven-calendar-day waiting period. Additionally, the seven-calendar-daywaiting period shall not be considered to be interrupted if the employeeworks twenty hours or less during the waiting period. Short-term disabilitybenefits payable as the result of a catastrophic disability or major chroniccondition shall not require a waiting period.
C. Except as provided in subsection E and §§ 9.1-401.1 and 51.1-1131,supplemental short-term disability coverage shall provide income replacementfor a percentage of a participating employee's creditable compensation duringthe period specified below that an employee is disabled or takes periodicabsences due to a major chronic condition, as determined by the Board or itsdesignee, based on the number of months of state service as an eligibleemployee, 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 65 25 35
60 to 119 85 25 15
120 or more 85 40 0
D. Creditable compensation during periods an employee receives supplementalshort-term disability benefits shall include salary increases awarded duringthe period 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 supplemental short-term disabilitybenefits paid at 100 percent of replacement of creditable compensation.
F. Supplemental short-term disability benefits shall be payable only duringperiods of (i) total disability, (ii) partial disability as determined by theBoard or its designee, or (iii) periodic absences due to a major chroniccondition as defined by the Board or its designee.
(1998, c. 774; 1999, c. 144; 2000, c. 889; 2010, c. 654.)