Are employees entitled to receive paid leave?

In the state of West Virginia, employees are entitled to receive paid leave depending on their job and the state and federal laws that govern the workplace. The federal government, through the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA), provides unpaid leave for employees to care for themselves and family members in certain situations. However, West Virginia state law also provides more generous leave benefits to employees in the form of paid leave. West Virginia’s paid leave mandates are outlined in the West Virginia Paid Family Leave Act (WVFLA), the West Virginia Public Employees Grievance Act (WVPEGA), and the West Virginia Worker’s Compensation Act (WVWCA). Under the WVFLA, eligible employees are entitled to 12 weeks of paid leave in order to provide care for a child, family member, or to take part in military-related activities. The WVPEGA ensures that employees not covered by the WVFLA receive up to 12 weeks of paid leave if they are dealing with a disability or a medical or family situation. Finally, the WVWCA requires employers to provide paid leave to employees who become injured or ill as a result of their employment. All of these laws ensure that employees are provided with necessary paid leave to tend to their own, and their family’s, needs. Although West Virginia does not have a state law that requires employers to provide paid health and/or vacation time, employees are guaranteed these rights through other state and federal laws.

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