(a) (1) Except as provided in paragraph (2) of this subsection, a covered individual may not receive more than 12 weeks of benefits in an application year. (2) A covered individual may receive an additional 12 weeks of benefits if the covered individual during the same application year: (i) 1. received benefits because the covered individual was eligible for benefits under § 8.3-701(a)(1)(i) of this subtitle; and 2. becomes eligible for benefits under § 8.3- 701(a)(1)(iii) of this subtitle; or (ii) 1. received benefits because the covered individual was eligible for benefits under § 8.3-701(a)(1)(iii) of this subtitle; and 2. becomes eligible for benefits under § 8.3-701(a)(1)(i) of this subtitle. (b) If a covered individual takes leave for which the covered individual is receiving benefits under this title, the leave shall run concurrently with eligible leave that may be taken by the covered individual under the federal Family and Medical Leave Act. (c) The Department may count the leave taken under the federal Family and Medical Leave Act against a covered individual's maximum duration of leave for which benefits are available under this title in an application year for the same purpose, if: (1) an employer designates a period of leave as covered by the federal Family and Medical Leave Act for a covered individual who would also qualify for benefits under § 8.3-302 of this title; (2) the employer informs the covered individual of the individual's eligibility for benefits under this title; and (3) the employee declines to apply for benefits under this title. (d) (1) A covered individual may not be required to use or exhaust paid vacation, paid sick leave, or other paid time off under an employer policy before, or while, receiving benefits under this title. (2) A covered individual and an employer may agree to use paid vacation, paid sick leave, or other paid time off while a covered individual is receiving benefits available under this title to replace the covered individual's wages up to 100% of the covered individual's average weekly wage during the period of leave for which benefits are received under this title. (3) Notwithstanding paragraph (1) of this subsection, an employer may require that benefit payments under this title be made concurrently, or otherwise coordinated with payments made or leave that is allowed under the terms of a separate employer-provided leave policy due to parental care, family care, or uniformed services leave or under a disability policy. (4) This subsection may not be construed to reduce any weeks of leave for which benefits may be paid under this title. (e) (1) Except as provided in paragraph (2) of this subsection, an individual receiving benefits under Title 8 of this article or wage replacement benefits under Title 9 of this article is not eligible to receive benefits under this title. (2) An individual receiving compensation for a permanent partial disability under Title 9 of this article may be eligible for benefits under this title.
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