A. A participating employee's disability which is related or due to the same cause or causes as a prior disability for which supplemental long-term disability benefits were paid shall be deemed to be a continuation of the prior disability if the employee is eligible for benefits payable under the Act, whether or not he is receiving such benefits, and returns to a position on an active employment basis for less than 125 consecutive work days. Days of work arranged pursuant to vocational, rehabilitation, or return-to-work programs shall not be counted in determining the duration of the period of the employee's return to work.
B. If a participating employee returns to a position on an active employment basis for 125 consecutive work days or longer, any succeeding period of disability shall constitute a new period of disability.
1998, c. 774; 1999, c. 144; 2004, c. 97; 2005, c. 419.
Structure Code of Virginia
Title 51.1 - Pensions, Benefits, and Retirement
Chapter 11 - Sickness and Disability Program
§ 51.1-1101. Sickness and disability program; disability insurance policies
§ 51.1-1102. Additional powers of the Board
§ 51.1-1103. Participation in the program
§ 51.1-1104. Sick leave benefit for participating employees
§ 51.1-1105. Use of sick leave by participating employees
§ 51.1-1106. Sick leave benefit for nonparticipating employees
§ 51.1-1107. Family and personal leave benefit
§ 51.1-1108. Use of family and personal leave
§ 51.1-1109. Applicability of article
§ 51.1-1110. Short-term disability benefit
§ 51.1-1111. Successive periods of short-term disability
§ 51.1-1112. Long-term disability benefit
§ 51.1-1113. Successive periods of long-term disability
§ 51.1-1114. Adjustments to disability benefits
§ 51.1-1115. Rehabilitation incentive
§ 51.1-1116. Cessation of disability benefits
§ 51.1-1117. Service retirement of participating full-time employees receiving disability benefits
§ 51.1-1118. Survivor benefits
§ 51.1-1119. Applicability of article
§ 51.1-1120. Initial benefit period
§ 51.1-1121. Supplemental short-term disability benefit
§ 51.1-1122. Successive periods of short-term disability
§ 51.1-1123. Supplemental long-term disability benefit
§ 51.1-1124. Successive periods of long-term disability
§ 51.1-1125. Adjustments in supplemental disability benefits
§ 51.1-1126. Rehabilitation incentive
§ 51.1-1127. Cessation of supplemental disability benefits
§ 51.1-1129. Survivor benefits
§ 51.1-1130. Coordination of benefits
§ 51.1-1131. Supplemental benefits for catastrophic disability
§ 51.1-1131.1. Employer contributions during disability absences
§ 51.1-1132. Health insurance coverage during disability absences
§ 51.1-1133. Life and accident insurance coverage during disability absences
§ 51.1-1134. Optional insurance during disability absences
§ 51.1-1135. Exclusions and limitations
§ 51.1-1135.2. Board authorized to provide long-term care insurance and benefits
§ 51.1-1136. Limitation on coverage
§ 51.1-1137. Keeping records and furnishing information required by Board
§ 51.1-1138. Benefits exempt from process
§ 51.1-1139. Policies to provide for accounting to Board; advance premium deposit reserve
§ 51.1-1140. Funding of program; Disability Insurance Trust Fund established