Starting July 1, 2023, Virginia employers with at least 50 employees will be required to provide up to 60 business days of unpaid leave for organ donation to employees who have been employed for at least 12 months with the same employer and who have worked at least 1,250 hours in the previous 12 months. For bone marrow donation, eligible employees may only take up to 30 business days in any 12 month period of time. Written verification of the donation is required from the employee’s physician.
Employers will be required to maintain health benefit plans for the duration of the organ donor leave. Time off under this leave law may not be counted against an employee for purposes of benefits or salary and employees must be restored to their same or an equivalent position upon return.