(a) The position held by the employee immediately before the leave is commenced shall be held upon a period not to exceed the twelve-week period of the parental leave and the employee shall be returned to that position: Provided, That the employer may employ a temporary employee or temporary employees to fill said position for the period of the parental leave.

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Terms Used In West Virginia Code 21-5D-6

  • Employee: means any individual, hired for permanent employment, who has worked for at least twelve consecutive weeks performing services for remuneration within this state for any department, division, board, bureau, agency, commission or other unit of state government, or any county board of education in the state. See West Virginia Code 21-5D-2
  • Employer: includes any department, division, board, bureau, agency, commission or other unit of state government and any county board of education in the state. See West Virginia Code 21-5D-2

(b) No employer may, because an employee received family leave or medical leave, reduce or deny any employment benefit or seniority which accrued to the employee before his or her leave commenced.