51.1-1122 - Successive periods of short-term disability.
§ 51.1-1122. Successive periods of short-term disability.
A. A participating employee's disability which is related or due to the samecause or causes as a prior disability for which supplemental short-termdisability benefits were paid shall be deemed to be a continuation of theprior disability if the employee (i) is eligible for benefits payable underthe Act, whether or not he is receiving such benefits, and (ii) returns tohis position on an active employment basis for less than 45 consecutivecalendar days. If a participating employee, after receiving short-termdisability benefits, immediately returns to work for less than 45 consecutivecalendar days and cannot continue to work, the days worked shall be deemed tohave interrupted the short-term disability benefits period, and such daysworked shall not be counted for purposes of determining the maximum periodfor which the participating employee is eligible to receive short-termdisability benefits. Days of work arranged pursuant to vocational,rehabilitation, or return-to-work programs shall not be counted indetermining the duration of the period of the employee's return to work.
B. If a participating employee returns to his position on an activeemployment basis for 45 consecutive calendar days or longer, any succeedingperiod of disability shall constitute a new period of short-term disability.
C. The period of 45 days referred to in subsections A and B shall beconsecutive calendar days that the participating employee is (i) actively atwork and (ii) fully released to return to work full time, full duty. TheRetirement System shall develop policies and procedures to administer theeffects of the 45-day period in connection with participants who are deemedto have a major chronic condition.
(1998, c. 774; 2010, c. 750.)