Title 60.2, Title 60.2. Unemployment Compensation

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commission in any cause or proceeding before the Commission, on the ground that the testimony or evidence, documentary or otherwise, r…

Notwithstanding any other provisions of this title, the Commission may, at any time within one year from the date the deputy's determination becomes final pursuant to § 60.2-619, redetermine any monetary determination issued by a deputy from which no appeal was taken by the claim…

The Commission may, in its discretion, at any time before a determination or decision becomes final pursuant to § 60.2-619 or 60.2-622, with good cause set aside or modify any such determination or decision.

Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, with intent to obtain or increase any benefit or other payment under this title, the unemployment compensation act of any other state, or any program of the fe…

A. Any person who has received any sum as benefits under this title to which he was not entitled shall be liable to repay such sum to the Commission. For purposes of this section, "benefits under this title" includes benefits under an unemployment benefit program of the United St…

Whenever the Commission finds that a discharged employee has received back pay at his customary wage rate from his employer after reinstatement such employee shall be liable to repay any benefits paid to such person during the time he was unemployed. When such an employee is liab…

Any person who has been finally convicted under this chapter shall be deprived of any further benefits for the one-year period next ensuing after the date of conviction.

A. Any person who has been disqualified for benefits under subdivision 4 of § 60.2-618 and who, because of those same acts or omissions, has received any sum as benefits under this title to which the person is not entitled shall be assessed a penalty in an amount equal to 15 perc…

A. The Commission shall provide to each claimant notices of the sanctions to which the claimant is subject as a consequence of providing false or misleading statements to obtain unemployment benefits. The notices shall, at a minimum, (i) identify the penalties and sanctions to wh…

As used in this chapter, unless the context requires a different meaning: "Affected unit" means a specific plant, department, shift, or other definable unit of an employing unit that has at least two employees to which an approved short-time compensation plan applies. "Health and…

A. The Commission shall establish and implement a short-time compensation program by January 1, 2022. The Program shall meet the requirements of 22 U.S.C. § 3306(v) and all other applicable federal and state laws. B. An employer that wishes to participate in the Program shall sub…

The Commission shall approve or disapprove a work sharing plan in writing within 10 working days of its receipt and promptly communicate the decision to the employer. A decision disapproving the plan shall clearly identify the reasons for the disapproval. If a plan is disapproved…

A. A work sharing plan shall be effective on the date that is mutually agreed upon by the employer and the Commission, which shall be specified in the notice of approval to the employer. The plan shall expire on the date specified in the notice of approval, which shall be either …

A. An employee is eligible to receive short-time compensation under a work sharing plan with respect to any week only if the employee is monetarily eligible for unemployment compensation, not otherwise disqualified for unemployment compensation, and: 1. During the week, the emplo…

A. The short-time compensation weekly benefit amount shall be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the individual's usual weekly hours of work. B. An individual may be elig…

As used in this chapter, unless the context requires a different meaning: "Armed Forces" means the Armed Forces of the United States, the Reserves of the Armed Forces of the United States, or the Virginia National Guard. "Benefit year" means the period of 52 calendar weeks beginn…

A. By January 1, 2028, the Commission shall establish and administer a paid family and medical leave insurance program. By April 1, 2028, the Commission shall begin collecting contributions as provided in this chapter. By December 1, 2028, the Commission shall begin receiving cla…

A. Beginning December 1, 2028, family and medical leave benefits shall be payable to any covered individual who is authorized to work in the United States at the time they apply for family and medical leave pursuant to this chapter and: 1. Because of birth, adoption, or placement…

A. Family and medical leave benefits shall be payable under § 60.2-801 for a maximum of 12 weeks in a benefit year for any covered individual. B. Family and medical leave benefits shall be payable to a covered individual starting the first calendar day in a benefit year that such…

A. A covered individual's weekly benefit amount shall be 80 percent of such covered individual's average weekly wages during the base period as defined in § 60.2-204, or 80 percent of such covered individual's average weekly wages during the quarters in which such covered individ…

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Family and Medical Leave Insurance Trust Fund. The Fund shall be established on the books of the Comptroller. All payroll contributions remitted pursuant to this chapter, all funds app…

A. Payroll contributions to the Fund shall be authorized in order to finance the payment of benefits under and the administration of the paid family and medical leave insurance program. B. Beginning on April 1, 2028, each employer shall remit to the Fund contributions in the form…

A. A covered individual shall have the option to receive paid family and medical leave benefits on an intermittent or reduced leave schedule in which all of the leave authorized under this chapter is not taken sequentially. Family and medical leave benefits for an intermittent or…

A. Any covered individual who receives family and medical leave benefits and has been employed with the covered individual's current employer for at least 120 days prior to the commencement of such individual's paid family and medical leave shall, upon the expiration of such leav…

A. No employer or other person shall interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this chapter. B. No employer, employment agency, employee organization, or other person shall take retaliatory personnel action or otherwi…

A. Leave taken with wage replacement under this chapter that also qualifies as leave under the FMLA shall run concurrently with leave taken under the FMLA. B. An employer may require that payments made pursuant to this chapter be made concurrently or otherwise coordinated with pa…

A. An employer shall provide written notice as prescribed in this subsection to each employee upon hiring and annually thereafter. An employer shall also provide such written notice to an employee when such employee requests leave pursuant to this chapter or when the employer acq…

A. The Commissioner shall establish a system for appeals within 90 days of a denial of a claim for family and medical leave benefits. B. Judicial review of any decision with respect to family and medical leave benefits shall be permitted in a court of competent jurisdiction after…

A. Contributions required by the provisions of § 60.2-806 that are unpaid on the date on which they are due and payable, as prescribed by the Commissioner under this chapter, shall bear interest at the rate of one and one-half percent per month from and after such date until paym…

A. In addition to any other appropriate charges under Title 18.2, an individual who willfully or with intent to defraud makes or causes to be made, directly or indirectly through any agent or agency, any false statement with the intent to obtain family and medical leave benefits …

A. A self-employed person, including a sole proprietor, partner, or joint venturer, may elect coverage under this chapter for an initial period of not less than three years. The self-employed person shall file a notice of election in writing with the Commissioner, as required by …

A. Employers may apply to the Commission for approval to meet their obligations under this chapter through a private plan that provides paid family and medical leave benefits equal to or greater than the benefits provided under this chapter. The Commission may approve such privat…

If the Internal Revenue Service determines that family and medical leave benefits under this chapter are subject to federal income tax, the Commission shall advise any covered individual filing a new claim for family and medical leave benefits, at the time of filing such claim, t…

By April 1, 2030, and annually thereafter, the Commission shall report to the General Assembly on projected and actual program participation by purpose listed in § 60.2-802, gender of beneficiaries, race and ethnicity of beneficiaries, age of beneficiaries, amount of benefits pai…