Virginia Code 51.1-1163: Supplemental short-term disability benefit
A. Payments of supplemental short-term disability benefits payable under this article shall be reduced by an amount equal to any benefits paid to the employee under the Act, or which the employee is entitled to receive under the Act, excluding any payments for medical, legal or rehabilitation expenses.
Terms Used In Virginia Code 51.1-1163
- Act: means the Virginia Workers' Compensation Act (§ 65. See Virginia Code 51.1-1150
- Disability: means a partial disability or total disability. See Virginia Code 51.1-1150
- Partial disability: means a disability that exists during the first 24 months following the occurrence or commencement of an illness or injury when an employee is earning less than 80 percent of his predisability earnings and, as a result of an injury or illness, is (i) able to perform one or more, but not all, of the essential job functions of his own job on an active employment or a part-time basis; or (ii) able to perform all of the essential job functions of his own job only on a part-time basis. See Virginia Code 51.1-1150
- Participating employee: means any eligible employee required to participate in the program. See Virginia Code 51.1-1150
- Program: means the program providing short-term disability and long-term disability benefits for participating employees established pursuant to this chapter. See Virginia Code 51.1-1150
- Total disability: means a disability that exists (i) during the first 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform all of his essential job functions or (ii) after 24 months following the occurrence or commencement of an illness or injury if an employee is unable to perform any job for which he is reasonably qualified based on his training or experience and earning less than 80 percent of his predisability earnings. See Virginia Code 51.1-1150
B. Supplemental short-term disability benefits for participating employees shall commence upon the expiration of a seven-calendar-day waiting period. The waiting period shall commence the first day of a disability. If an employee returns to work for one day or less during the seven calendar days following the commencement of a disability but cannot continue to work, the periods worked shall not be considered to have interrupted the seven-calendar-day waiting period. Additionally, the seven-calendar-day waiting period shall not be considered to be interrupted if the employee works 20 hours or less during the waiting period. Short-term disability benefits payable as the result of a catastrophic disability or major chronic condition shall not require any waiting period.
C. Except as provided in § 51.1-1171, supplemental short-term disability coverage shall provide income replacement for (i) 60 percent of a participating employee‘s creditable compensation for the first 60 months of continuous participation in the program and (ii) thereafter, a percentage of a participating employee’s creditable compensation during the periods specified below, based on the number of months of continuous participation in the program attained by an employee who is disabled, on maternity leave, or takes periodic absences due to a major chronic condition, as determined by the Board or its designee, as follows:
| a | Months of Continuous Participation |
Work Days of 100% Replacement of Creditable Compensation |
Work Days of 80% Replacement of Creditable Compensation |
Work Days of 60% Replacement of Creditable Compensation |
| b | 60 to 119 | 85 | 25 | 15 |
| c | 120 or more | 85 | 40 | 0 |
D. Creditable compensation during periods an employee receives supplemental short-term disability benefits shall include salary increases awarded during the period of short-term disability coverage.
E. Supplemental short-term disability benefits shall be payable only during periods of total disability, partial disability, or periodic absences due to a major chronic condition as defined by the Board or its designee.