On April 12, 2023, the Virginia state legislature added organ donation leave to the state’s statutory code. Effective July 1, 2023, the law will require employers with 50 or more employees to provide eligible employees, upon request, (i) up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor, and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor.
Eligible employees include those who, as of the date that the requested organ donation leave begins, will have been employed by their employer for at least a 12-month period and 1,250 hours during the previous 12 months. Employers are required to restore an employee’s position following organ donation leave, to continue to provide coverage for the employee under any health benefit plan during the leave, and to pay the employee any commission earned prior to the leave. The law prohibits an employer from taking retaliatory action against an employee for taking organ donation leave.
Covered employers should begin updating their leave policies in time for the upcoming July effective date.