Family, Medical and Parental Leaves Law Summaries

Family, Medical and Parental Leaves Law Summaries

West Virginia, Family, Medical and Parental Leaves Law Summaries

West Virginia's Parental Leave Act is located in the West Virginia Code Annotated at Chapter 21, Article 5D, Sections 21-5D-1 -21-5D-9. The state also has an organ donation leave law for state employees (Ch. 175 (S. 240), L. 2005, effective July 1, 2005).

DEFINITIONS

For purposes of West Virginia's Parental Leave Act, “employee” means any individual, hired for permanent employment, who has worked for at least 12 consecutive weeks performing services for pay within the state for any department, division, board, bureau, agency, commission or other unit of state government, or any county board of education. Employee does not include any of the following (Sec. 21-5D-2):

1. individuals employed by persons who are not “employers ” as defined by the state's parental leave law;

2. elected public officials or the members of their immediate personal staffs;

3. principal administrative officers of any department, division, board, bureau, agency, commission or other unit of state government, or any county board of education; or

4. a person in a vocational rehabilitation facility certified under federal law who has been designated an evaluee, trainee or work activity client.

For purposes of West Virginia's Parental Leave Act, “employer” includes any department, division, board, bureau, agency, commission or other unit of state government and any county board of education (Sec. 21-5D-2).

COVERAGE

West Virginia's parental leave law covers the state, but not private employers (Sec. 21-5D-2).

The state also has statutory adoption and maternity leave provisions that apply only to teachers (Chapter 18A, Article 2, Sec. 18A-2-2a).

PROCEDURES

Certification.- If an employee requests family leave to care for a family member with a serious health condition, the employer may require the employee to provide certification by a health care provider. Certification is sufficient if it contains the following (Sec. 21-5D-5):

1. that the child, dependent, parent or employee has a serious health condition;

2. the date the serious health condition began and its probable duration; and

3. medical facts regarding the serious health condition.

Interaction with other leave.- West Virginia's parental leave law does not grant an employee family leave rights provided under the law if he or she is entitled to family leave rights under any other provision of the West Virginia Code (Sec. 21-5D-4).

WHAT THE EMPLOYER MUST DO

Family leave

Reasons for leave.- An employee is entitled to a total of 12 weeks of unpaid family leave, following the exhaustion of all annual and personal leave, during any 12-month period (Sec. 21-5D-4):

1. because of the birth of a child;

2. because of the adoption of a child; or

3. in order to care for the employee's child, spouse, parent or dependent who has a serious health condition.

Length of leave: Intermittent leave.- In the case of a son, daughter, spouse, parent or dependent who has a serious health condition, family leave may be taken intermittently when medically necessary (Sec. 21-5D-4).

Part-time leave. -An employee may take family leave on a part-time basis and leave schedule, but the period during which the leave may be taken may not exceed 12 consecutive months, and leave must be scheduled so as not to disrupt unduly the operations of the employer (Sec. 21-5D-4).

Benefits.- No employer may, because an employee took family leave, reduce or deny any employment benefit or seniority that accrued to the employee before leave began (Sec. 21-5D-6).

During any family leave, the employer must continue group health insurance coverage, but the employee must pay the employer the premium costs of coverage. A returning employee is not entitled to accrue any seniority or employment benefits during leave (Sec. 21-5D-7).

Reinstatement.- The position held by the employee immediately before the leave begins must be held open for the 12-week period of parental leave, and the employee must be returned to that position. Temporary employees may be used to fill the position for the leave period (Sec. 21-5D-6).

Retaliation.- No person may interfere with, restrain or deny the exercise of any right provided under West Virginia's parental leave law (Sec. 21-5D-8).

Adoption leave

Teachers.- In addition to West Virginia's parental leave law, there are statutory provisions relating specifically to adoption leave for teachers and school service personnel (Chapter 18A, Article 2, Sec. 18A-2-2a).

Maternity leave

Teachers.- In addition to West Virginia's parental leave law, there are statutory provisions relating specifically to maternity leave for teachers and school service personnel (Chapter 18A, Article 2, Sec. 18A-2-2a).

Organ donation leave

Effective July 1, 2005, a full-time state employee shall receive up to 120 hours of leave with pay during each calendar year to use during those hours when the employee is absent from work because of the employee's donation of any portion of an adult liver or because of the employee's donation of an adult kidney (Sec. 29-6-28(a), as added by Ch. 175 (S. 240), L. 2005, effective July 1, 2005).

Effective July 1, 2005, a full-time state employee shall receive up to 56 hours of leave with pay during each calendar year to use during hours when the employee is absent from work because of the employee's donation of adult bone marrow (Sec. 29-6-28(b), as added by Ch. 175 (S. 240), L. 2005, effective July 1, 2005).

Effective July 1, 2005, an appointing authority shall compensate a full-time state employee who uses leave granted under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work (Sec. 29-6-28(c), as added by Ch. 175 (S. 240), L. 2005, effective July 1, 2005).

NOTICE

Leave requests.- If a leave because of birth or adoption is foreseeable, the employee must provide the employer with two weeks' written notice of the expected birth or adoption. If a leave is foreseeable because of planned medical treatment or supervision, the employee (Sec. 21-5D-4):

1. must make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider; and

2. must provide the employer with two weeks' written notice of the treatment or supervision.

POLICIES

West Virginia's parental leave law does not prohibit an employer from providing employees with rights to family leave that are more generous to the employee than the rights provided under the law (Sec. 21-5D-3).

POSTING

Each employer must post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the Department of Labor setting forth an employee's rights under West Virginia's parental leave law (Sec. 21-5D-9).

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West Virginia, Family, Medical and Parental Leaves Law Summaries

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