The Virginia General Assembly’s 2023 legislative session concluded with Gov. Glenn Youngkin signing 738 bills into law and amending another 78. With a divided government characterized by Republican control of the governor’s mansion and the House of Delegates and Democratic control of the Senate, and with state legislative elections looming in the fall, modest but important updates were made to employment laws in the commonwealth. This included a number of bills addressing topics ranging from employee organ donation to ID badges to confidentiality agreements.
Each of these laws is slated to take effect July 1, 2023, but Virginia employers should begin preparing now to ensure compliance.
Organ Donor Leave Law
The Organ Donor Leave Law requires covered employers to 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 for the employer to be covered. 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...
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