West Virginia Sick Leave laws & compensation compliance analysis

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.
It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it. Employers should regularly review statements made in handbooks or elsewhere to ensure that they accurately reflect current policies. If changes are necessary, the policy should be revised and employees 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).
Interaction with other leaves. The West Virginia Parental Leave Act provides permanent state employees with 12 weeks of unpaid leave during any 12-month period for the birth or adoption of a child, because of the employee's own illness, or to care for the employee's seriously ill child, spouse, ...

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West Virginia Sick Leave Resources

Type Title
Forms Paid Time Off (PTO)
White Papers Working While Sick: Not Smart
See all Sick Leave Resources