New VA Employment Laws Taking Effect July 1
April 27, 2023
The Virginia General Assembly’s 2023 legislative session has concluded. With a divided government, modest but important updates were made to employment laws in the commonwealth. This included bills addressing employee organ donation and use of employee social security numbers.Each of these laws is slated to take effect July 1, 2023, but Virginia employers should begin preparing now to ensure compliance.
Organ Donation Leave
- Covered employers must offer 60 business days of unpaid, job-protected leave to eligible employees who donate one or more of their organs, and 30 business days of unpaid, job-protected leave to employees who serve as bone marrow donors.
- This law applies only to employers with 50 or more employees, although the law does not specify whether the employees must be located in Virginia. Employees are eligible only if they: (1) have been employed by the employer for at least 12 months; and (2) worked at least 1,250 hours for the employer during the previous 12 months. The employee also must be able to provide written documentation from a physician that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation.
- Employers must continue to provide health benefit plan coverage and must pay out earned commissions as they become due to employees. Employers must restore returning employees to the same or an equivalent position held when the employee went on leave, unless a condition unrelated to the organ donation leave requires the employer to deny the individual’s request for restoration.
Prohibition on Certain Uses of Employee’s Social Security Number
- The Virginia Employee ID Law prohibits all Virginia employers from using an employee’s social security number “or any derivative thereof” as the employee’s identification number.
- Employers also are prohibited from including the employee’s social security number or a derivative thereof on any employee identification card, badge, access card, or other similar card or badge issued to the employee.
If employers have any questions or concerns, we recommend they contact us to ensure compliance. For assistance, contact us at 423-764-4127 or by email at firstname.lastname@example.org
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