West Virginia Leave of Absence (FMLA) laws & HR compliance analysis

West Virginia Leave of Absence (FMLA): What you need to know

Some states have comprehensive laws that require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness. West Virginia does not have such a law.
However, West Virginia employers with 50 or more employees may have leave obligations under the federal Family and Medical Leave Act (FMLA). West Virginia employers with fewer than 50 employees are free to provide leave time or not at their own discretion. There is additional information for details on the FMLA
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West Virginia offers some family and medical leave protections to its public employees through the Parental Leave Act (WV Code Sec. 21-5D-1et seq.).
Covered employers include any department, division, board, bureau, agency, commission, or other unit of state government or any county board of education in the state.
Eligible employees include any individual hired for permanent employment by any department, division, board, bureau, agency, commission, or other unit of state government or any county board of education. To be eligible, employees must have worked for at least 12 consecutive weeks. Elected officials and their immediate staff members and principal administrative officers are not eligible.
Leave may be taken for the following events:
• The birth of a son or daughter of the employee.
• The placement of a son or daughter with the employee for adoption.
• To care for the employee's son, daughter, parent, spouse, or dependent who has a serious health condition. Leave to care for a person with a serious health condition may be taken intermittently.
“Son” or ...

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