Virginia has enacted legislation (Senate Bill 1086), which requires certain employers to provide unpaid leave to organ or bone marrow donors. Senate Bill 1086 takes effect on July 1, 2023.
The details
Virginia employers with 50 or more employees must provide unpaid leave (up to 60 business days for organ donation and up to 30 business days for bone marrow donation in a 12-month period) to eligible employees.
This leave cannot be taken concurrently with federal Family and Medical Leave Act leave, and employees will generally be able to use available paid leave from their employer.
Eligibility
An employee must have worked for their employer for 12 or more months prior to the leave and have worked at least 1,250 hours in the preceding 12 months to be eligible for the leave.
Required Documentation
An employee must provide written verification by their physician that states they are an organ or a bone marrow donor and that there is a medical necessity for the donation.
Working Conditions
Employers must:
- Pay commissions that become due from work performed prior to the leave;
- Continue providing an employee’s health benefits during the leave; and
- Restore employees to at least the same or an equivalent position in terms of benefits, pay, and other terms and conditions of employment following the leave.
Note: Employers are prohibited from considering a period of the leave to be a break in an employee’s length of service for seniority, salary adjustments and paid leave entitlements.
Nonretaliation
Under the law, employers are prohibited from retaliating against employees who request or exercise their rights under the law or claim a violation of the law. An employer that knowingly violates the law may face fines.
Next steps
Covered employers should review and update their leave policies and procedures, and train supervisors to ensure compliance with Senate Bill 1086 by July 1, 2023.
Please contact your ADP Service Representative with any questions.