Federal & State Regulations | Leave - West Virginia | J. J. Keller® Compliance Network

Summary of difference between federal and state regulations

The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.

Jury duty

West Virginia law doesn’t require employers to pay employees for jury duty.

Voting

West Virginia law allows employees three hours off to vote. Pay deductions are not allowed, unless the employee takes time off and doesn’t vote. This time off for voting doesn’t apply if there are three consecutive nonworking hours to vote. The employee must give written notice for leave no less that three days before the day of election.

Volunteer emergency responders

West Virginia employers are prohibited from discharging or disciplining employees for time lost serving as volunteer firefighters or emergency medical service attendants. This applies when an employee responds to an emergency call prior to the time he or she is due to report for work.

The term “employer” includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to any employee.

“Emergency” means going to, attending to or coming from: (1) A fire call; (2) a hazardous or toxic materials spill and cleanup; (3) a motor vehicle accident; or (4) any other situation to which his or her fire department or emergency medical service entity has been or later could be dispatched.

At the request of an employer, an employee should supply a statement from the chief of the volunteer fire department or the supervisor or other appropriate person in charge of the emergency medical service entity stating that the employee responded to an emergency call and listing the time of the response.

Any time lost from employment may be charged against the employee’s regular pay or against the employee’s accumulated leave, at the option of the employee.