CODE OF VIRGINIA

SUCCESSIVE PERIODS OF LONG-TERM DISABILITY (§ 51.1-1166)

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.

HISTORY: 2012, cc. 701, 823.