West Virginia Maternity and Pregnancy: What you need to know

The West Virginia Human Rights Act prohibits employment practices that discriminate on the basis of sex (including pregnancy). This means that employers should ensure that their policies do not have a negative impact on applicants or employees of one sex more than the other. The Act covers private employers with 12 or more employees and all state and local government agencies, regardless of size (WV Code Sec. 5-11-1et seq.).
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West Virginia does not have a state law that specifically requires employers to offer pregnancy leave. However, employers covered by the federal Pregnancy Discrimination Act (PDA) must provide the same leave benefits to women affected by pregnancy that are provided to employees with temporary disabilities (29 CFR 1604.10). The leave could be with or without pay, or not provided at all, as long as all employees are treated the same in their requests for temporary leave. The PDA covers private employers with 15 or more employees, and all state and governmental agencies. West Virginia employers with 50 or more employees are subject to the provisions of the federal Family and Medical Leave Act (FMLA).
Effective June 2014, the Pregnant Workers Fairness Act requires that covered employers make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a job applicant or employee. The Act requires that an applicant or employee provide written documentation from a healthcare provider that specifies the individual’s limitations and suggests accommodations that would address those limitations.
Reasonable accommodation is required unless the employer can demonstrate that the accommodation would ...

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