FMLA - West Virginia

Employee eligibility

To be eligible for leave benefits, an employee must be hired for permanent employment and have worked for at least 12 consecutive weeks.

Leave entitlement

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.

Type of leave

An eligible employee may take leave for:

• The birth of a son or daughter of the employee;
• The placement of a son or daughter with the employee for adoption; or
• The care for the employee’s son, daughter, spouse, parent, or dependent who has a serious health condition.

Unlike FMLA, West Virginia’s Parental Leave Act does not provide leave for foster care placement or the employee’s own serious health condition.

Maintenance of health benefits

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.

Job restoration

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.

Notice

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:

• Make a reasonable effort to schedule the treatment (with the approval of the health care provider) so that is does not unduly disrupt the employer’s operations; and
• Give their employer two weeks’ written notice of the planned treatment.