West Virginia Sick Leave: What you need to know

There is no West Virginia law that requires private sector employers to provide employees sick leave, paid or unpaid, although many employers do grant it as a popular employee benefit. However, it is important to note that if an employer promises to provide sick leave, the employer may have a legal obligation to grant it.
Some courts have ruled, for example, that policies published in employee handbooks constitute implied contracts that are binding and enforceable. Thus, employers should regularly review policy statements made in handbooks or other written materials to ensure that they accurately reflect current policies. If not, they should be changed, and employees should be notified of the changes.
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Public employees accrue sick leave with pay and benefits at the rate of 11/2 days per month for full-time employees.
Sick leave is accrued at the end of each pay period or on the last workday for separating employees. Part-time employees accrue sick leave in proportion to the hours they work.
Accrued sick leave may be used for illness or injury of the employee, death in the employee's immediate family (up to 3 days), exposure to contagious disease when a doctor states in writing that the employee's presence may jeopardize the health of others, pregnancy, and routine dental and medical appointments of the employee.
Sick leave may also be taken for routine dental and medical appointments of members of the employee's immediate family, limited to 3 hours per occurrence and 40 hours per year. Sick leave may be accrued on an unlimited basis (WV Admin. Code Sec. 143-1-14.4).
Under the federal Family and Medical Leave Act (FMLA), which covers employers that have 50 or more ...

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West Virginia Sick Leave Resources

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