What are the disability/bereavement rights of an employee?
In West Virginia, employees who are disabled or experience bereavement have certain rights guaranteed by the state’s laws. A disabled employee has the right to take job-protected leave if they qualify under the West Virginia Family and Medical Leave Act (FMLEA). This law provides job-protected, unpaid leave to employees who need to be absent from work due to their own or a family member’s serious health condition. Employees are entitled to up to 14 weeks of leave per calendar year for this purpose. Employers are also required to provide reasonable accommodations to disabled employees. This includes making adjustments to the employee’s workspace to make it more accessible. Employees who experience bereavement also have certain rights. The West Virginia Fairness in Employment Act requires employers to provide up to 3 days paid bereavement leave for a death in the employee’s immediate family. Employees are also entitled to up to 3 days of unpaid bereavement leave to attend funerals or memorial services. Employees should be aware that their rights under these laws are protected. Employers cannot retaliate against workers who take leave for medical or bereavement purposes. If an employee believes their rights have been violated, they can seek legal advice from a lawyer.
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