60.2-213 - Employment with hospital, higher education, state, subdivision, or certain religious or charitable organizations.
§ 60.2-213. Employment with hospital, higher education, state, subdivision,or certain religious or charitable organizations.
A. "Employment" includes:
1. Service performed by an individual (i) in the employ of this Commonwealthor any of its political subdivisions or instrumentalities or (ii) in theemploy of this Commonwealth and one or more other states or their politicalsubdivisions or instrumentalities, for a hospital or institution of highereducation located in this Commonwealth provided that such service is excludedfrom "employment" as defined in the Federal Unemployment Tax Act solely byreason of § 3306 (c) (7) of that act and is not excluded from "employment"under subsection B of this section;
2. Service performed by an individual (i) in the employ of this Commonwealthor any of its wholly owned instrumentalities or (ii) in the employ of thisCommonwealth and one or more other states or their instrumentalities,provided that such service is excluded from "employment" as defined in theFederal Unemployment Tax Act (26 U.S.C.) by § 3306 (c) (7) of that act and isnot excluded from "employment" under subsection B of this section;
3. Service performed by an individual (i) in the employ of any politicalsubdivision of this Commonwealth or any of its wholly owned instrumentalitiesor (ii) in the employ of any instrumentality wholly owned by thisCommonwealth, any of its political subdivisions or instrumentalities, or anyinstrumentality wholly owned by any of the foregoing and one or more otherstates or their political subdivisions, provided that such service isexcluded from "employment" as defined in the Federal Unemployment Tax Actby § 3306 (c) (7) of that act and is not excluded from "employment" undersubsection B of this section;
4. Service performed by an individual in the employ of a religious,charitable, educational or other organization but only if the followingconditions are met:
a. Their service is excluded from "employment" as defined in the FederalUnemployment Tax Act (26 U.S.C.) solely by reason of § 3306 (c) (8) of thatact; and
b. The organization had four or more individuals in employment for someportion of a day in each of twenty different weeks, whether or not such weekswere consecutive, within either the current or preceding calendar year,regardless of whether they were employed at the same moment of time.
B. For the purposes of subdivisions 3 and 4 of subsection A of this section,the term "employment" does not apply to service performed:
1. In the employ of (i) a church or convention or association of churches, or(ii) an organization which is operated primarily for religious purposes andwhich is operated, supervised, controlled, or principally supported by achurch or convention or association of churches;
2. By a duly ordained, commissioned, or licensed minister of a church in theexercise of his ministry or by a member of a religious order in the exerciseof duties required by such order;
3. In a facility conducted for the purpose of carrying out a program ofrehabilitation for individuals whose earning capacity is impaired by age orphysical or mental deficiency or injury or providing remunerative work forindividuals who because of their impaired physical or mental capacity cannotbe readily absorbed in the competitive labor market by an individualreceiving such rehabilitation or remunerative work;
4. As part of an unemployment work-relief or work-training program assistedor financed in whole or in part by a federal agency or an agency of a stateor political subdivision thereof, by an individual receiving such work reliefor work training;
5. By an inmate of a custodial or penal institution; or
6. In the employ of this Commonwealth, or any political subdivision thereofor any instrumentality of any one or more of the foregoing as set forth insubdivisions 1 through 3 of subsection A of this section, if such service isperformed by an individual in the exercise of duties:
a. As an elected official;
b. As a member of a legislative body, or a member of the judiciary;
c. As a member of the state National Guard or Air National Guard;
d. As an employee serving on a temporary basis in case of fire, storm, snow,earthquake, flood, or similar emergency; or
e. In a position which, under or pursuant to the laws of this Commonwealth,is designated as (i) a major nontenured policymaking or advisory position, or(ii) a policymaking or advisory position the performance of the duties ofwhich ordinarily does not require more than eight hours per week.
(Code 1950, § 60-14; 1952, cc. 30, 184; 1956, c. 440; 1962, c. 71; 1968, c.738, § 60.1-14; 1971, Ex. Sess., c. 235; 1972, c. 824; 1974, cc. 466, 660;1976, c. 304; 1977, c. 330; 1979, c. 637; 1980, cc. 520, 522; 1981, cc. 28,369, 374, 375; 1982, c. 25; 1983, c. 14; 1984, cc. 120, 139, 204; 1985, cc.152, 254; 1986, c. 480.)