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

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

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also 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.
However, West Virginia does not have such a law.
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Public employers. 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. 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. 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.
Qualifying leave events. Family 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; or
• 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.
Covered relations. “Son” or “daughter” means an individual who is a biological, adopted, or foster child, stepchild, or legal ward. A son or daughter must be either under 18 years of age or over the age of 18 ...

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