On April 12, 2023, Gov. Youngkin signed SB 1086 into law, expanding unpaid leave for Virginia employees following an organ or blood marrow donation.
Beginning July 1, 2023, the law requires Virginia employers with 50 or more employees to provide eligible employees with up to 60 business days per 12-month period of unpaid leave for organ donation and up to 30 business days per 12-month period of unpaid leave for bone marrow donation. Employees are eligible if they have worked for the employer for at least 12 months and at least 1,250 hours during the previous 12 months. The leave is in addition to (not taken concurrently with) federal FMLA leave.
Employers are prohibited from treating eligible organ or bone marrow donation leave as a break in service for purposes of employee benefits, including salary adjustments, sick leave, vacation, PTO, or seniority. Specifically, employers must maintain the employee’s health insurance coverage and pay any commission that becomes due based on work performed prior to the leave. Retaliatory action is prohibited. Additionally, upon return from leave, eligible employees are entitled to be restored to the same or equivalent position.
Virginia employers should review their leave policies with legal counsel and amend them as appropriate to ensure compliance.
SB 1086 »
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