Virginia Employee ID Can’t Include Social Security Number

Effective July 1, 2023, employers cannot use an employee’s Social Security number, or any version of it, as the employee’s’ identification (ID) number or on their ID card, or badge, access card or badge, or the like.

 

Virginia Medical Donor Leave: Compliance Reminder

Effective July 1, 2023, employers with 50 or more employees will be required to provide unpaid leave to donate an organ or bone marrow. To be eligible for leave, employees must have worked for the employer for at least 12 months and worked 1,250 hours in the 12 months prior to leave.

 

Duration of Leave, Benefits, and Reinstatement

Eligible employees can take up to 60 business days of leave to donate an organ and up to 30 business days to donate bone marrow in a 12-month period. Health benefit coverage must be maintained as usual during the leave. Organ donation leave can’t be counted as a break in service for purposes of an employee’s right to pay increases, sick leave, paid time off, seniority, or other benefits. When they return from leave, employees are generally entitled to the same or an equivalent position.

 

Certification

Employers can require that an employee provide a written verification from a doctor that they’re an organ or bone marrow donor and that there’s a medical necessity for the donation.

 

Interaction with Other Leaves

This leave doesn’t run concurrently with leave under the federal Family and Medical Leave Act (FMLA), so any leave an employee takes under this law will be in addition to their FMLA leave entitlement. Employees can use paid sick leave or other paid time off during organ donation leave.

 

Action Item

Add an organ donation leave policy to your handbook.

 

Virginia NDAs Can’t Conceal Sexual Assault or Harassment Claims

Effective July 1, 2023, employers may not require that employees, current or prospective, agree to or renew any part of a nondisclosure or confidentiality agreement, including a nondisparagement provision, that conceals details about sexual harassment or an assault claim as an employment condition. This law mirrors the federal Speak Out Act, effective December 7, 2022, which likewise makes such clauses unenforceable.

 

Resourcing Edge is providing this information because it’s important and timely. Employers that are considering a nondisclosure or confidentiality agreement should work with an attorney who practices employment law in their state. If your company does not have a relationship with an employment attorney, we are happy to make an introduction to one of our legal partners.

 

Virginia New Medical Donor Leave Law

Effective July 1, 2023, employers in Virginia with at least 50 employees are required to provide eligible employees with unpaid leave to donate an organ, including bone marrow. Eligible employees are those who, at the time of requesting organ donation leave, have been employed by the same employer for at least 12 months and 1,250 hours during the previous 12 months.

 

The law allows eligible employees to take up to 60 business days of unpaid leave to donate an organ and up to 30 business days to donate bone marrow in any 12-month period. To take donor leave, eligible employees must provide written physician verification to the employer.

 

The law requires employers to maintain coverage of any health benefit plan for the duration of the organ donor leave. Further, employers are prohibited from counting any period of organ donor leave as a break in service for the purpose of an employee’s salary and benefits.

 

Employees who take organ donor leave must be restored to the same position they held prior to the leave or an equivalent position with the same pay, benefits, and other terms and conditions of employment. Employers are prohibited from retaliating against an employee for requesting or taking organ donation leave.

 

Action Item

If you have 50 or more employees, add medical donor leave policy and procedures that meet the minimum requirement of the new law.