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Unlike FMLA, which covers nearly all employers, West Virginia’s Parental Leave Act applies to state government employers and any county board of education. There are no provisions for private employers.
To be eligible for leave benefits, an employee must be hired for permanent employment and have worked for at least 12 consecutive weeks.
Like FMLA, a state employee may take 12 weeks of family leave in any 12-month period. Leave may be taken intermittently if medically necessary.
An eligible employee may take leave for:
Unlike FMLA, West Virginia’s Parental Leave Act does not provide leave for foster care placement or the employee’s own serious health condition.
Similar to FMLA, West Virginia requires that employers continue group health insurance coverage for employees on leave, but only if the employee pays the premiums.
Under the Parental Leave Act, an employee must be returned to the same position he or she occupied before the leave, but an employer is allowed to hire a temporary replacement for the period of the parental leave.
If an employee is using leave for an expected birth or adoption, the employee must give the employer two weeks’ written notice.
If the leave is foreseeable because of a planned medical treatment for the serious health condition of the employee’s son, daughter, spouse, parent, or dependent, the employee must:
West Virginia Department of Commerce
http://www.wvcommerce.org/default.aspx
West Virginia Division of Labor Wage and Hour Section
http://www.wvlabor.com/newwebsite/Pages/index.html
West Virginia Code Chapter 21 Article 5D through 5D-9, “The Parental Leave Act”
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=21&art=5D#05D
ContactsUS Dept. of Labor, Wage & Hour Division
Regulations
29 CFR Part 825, “The Family and Medical Leave Act of 1993”