West Virginia Code 15-1K-6 – Return to work by employee
(a) When the employee returns to work, the employer shall restore the employee to the position held when the leave began or to a position with equivalent seniority status, benefits, pay and conditions of employment.
Terms Used In West Virginia Code 15-1K-6
- Employee: means any individual who performs services for, or under the control of, a provider of wages or remuneration. See West Virginia Code 15-1K-2
- Employee benefits: means all benefits other than wages given by an employer. See West Virginia Code 15-1K-2
- Employer: means any person or entity that employs more than fifteen employees. See West Virginia Code 15-1K-2
(b) An employer may decline to restore an employee as required in this article because of circumstances unrelated to the provisions of this article.
(c) An employer and an employee may negotiate for the employer to pay for the benefits of the employee during the leave, but the employer is not required to continue or maintain employee benefits for any employee eligible for leave under this article where the employee would not be otherwise eligible for any benefit under the policies of the employer or the content of any employee benefit plan which regulates eligibility for benefits.