West Virginia Code 21-5D-4 – Family leave
(a) An employee shall be entitled to a total of twelve weeks of unpaid family leave, following the exhaustion of all his or her annual and personal leave, during any twelve-month period:
Terms Used In West Virginia Code 21-5D-4
- daughter: means an individual who is a biological, adopted or foster child, a stepchild or a legal ward, and is (1) under eighteen years of age. See West Virginia Code 21-5D-2
- Dependent: A person dependent for support upon another.
- Dependent: means any person who is living with or dependent upon the income of any employee whether related by blood or not. See West Virginia Code 21-5D-2
- 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
- Health care provider: means a person, partnership, corporation, facility or institution licensed, certified or authorized by law to provide professional health care services in this state to an individual during this individual'. See West Virginia Code 21-5D-2
- Parent: means a biological, foster or adoptive parent, a stepparent or a legal guardian. See West Virginia Code 21-5D-2
- Serious health condition: means a physical or mental illness, injury or impairment which involves:
(1) Inpatient care in a hospital, hospice or residential health care facility. See West Virginia Code 21-5D-2
- Spouse: means any person legally married to an "employee" covered under this article. See West Virginia Code 21-5D-2
(1) Because of the birth of a son or daughter of the employee;
(2) Because of the placement of a son or daughter with the employee for adoption; or
(3) In order to care for the employee's son, daughter, spouse, parent or dependent who has a serious health condition.
(b) In the case of a son, daughter, spouse, parent or dependent who has a serious health condition, such family leave may be taken intermittently when medically necessary.
(c) An employee may take family leave on a part-time basis and on a part-time leave schedule, but the period during which the number of work weeks of leave may be taken may not exceed twelve consecutive months, and such leave shall be scheduled so as not to disrupt unduly the operations of the employer.
(d) (1) If a leave because of birth or adoption is foreseeable, the employee shall provide the employer with two weeks written notice of such expected birth or adoption.
(2) If a leave under this section is foreseeable because of planned medical treatment or supervision, the employee:
(A) Shall make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee's son, daughter, parent or dependent; and
(B) Shall provide the employer with two weeks written notice of the treatment or supervision.
(e) This article shall not be construed as granting an employee the family leave rights provided in this section if he or she is entitled to such family leave rights under any other provision of this code.