West Virginia FMLA

Public-Sector Employers:

• West Virginia's Parental Leave Act provides all state and county employees with up to 12 weeks of unpaid leave during any 12-month period.
• This unpaid leave is provided after the exhaustion of the employee's entire annual and personal leave.
• This means that public employees can extend their paid time off by the 12 weeks of unpaid leave for a greater benefit than that which is provided by the federal FMLA.
• The unpaid leave may be used for:
  • The birth of a son or daughter of the employee.
  • The placement of a son or daughter with the employee for adoption.
  • Care for the employee’s son, daughter, spouse, parent, or dependent who has a serious health condition.
• If family leave is foreseeable, the employee must provide his or her employer with at least two weeks written notice of an expected birth, adoption, or planned medical treatment.

Terms Defined

• An employee means any individual hired for permanent employment who has worked for at least 12 consecutive weeks (about three months) for the employer.
• A dependent means anyone living with the employee or dependent upon the employee’s income, whether related by blood or marriage, or unrelated.
• A serious health condition is defined as:
  • A physical or mental illness, injury, or impairment; which requires inpatient or continuing care under the supervision of a health care provider.
• A son or daughter is defined as a:
  • Biological.
  • Adopted.
  • Foster child.
  • Stepchild.
  • Legal ward.

The son or daughter as defined here must be either under 18 years or age or be incapable of self-care because of a mental or physical disability.

Written Certification May Be Required

• An employer may require an employee requesting leave to provide certification by a health care provider of the serious health condition of the employee's family member.
• There is no allowance for second opinions if the employer doubts the validity of the original certification.

Continuation of Benefit

• During the parental leave, an employer must continue group health insurance coverage for the employee.
• In order for group health insurance coverage to be continued by an employer, the employee must pay the employer the premium costs of such coverage.

Intermittent Leave Permitted

Leave may be taken intermittently when medically necessary to care for a:

• Son.
• Daughter.
• Parent.
• Dependent with a serious health condition.

Reinstatement

• An employee returning from leave shall be returned to his or her original position.
• However, the employer may employ a temporary employee to fill the position for the period of the parental leave.