What are the requirements for providing family or medical leave?
In West Virginia, employers are required to provide family or medical leave for their employees if certain criteria is met. The Family and Medical Leave Act (FMLA) requires employers with 50 or more employees to provide up to 12 work weeks of unpaid leave for employees who have worked for the employer for at least one year. The FMLA requires employers to provide the leave for one of the following reasons: the birth or adoption of a child, care for an immediate family member with a serious health condition, or when an employee is unable to work due to a serious health condition. Employees also have the right to take leave for an emergency related to the active-duty military service of a family member, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees may also be eligible for leave under state law. For example, the West Virginia Parental and Family Medical Leave Act (WPFMLA) requires employers with 25 or more employees to provide up to 12 work weeks of unpaid leave for employees who have worked for the employer for at least 6 months. Employers must provide notice of available leave to employees, inform employees of the right to take leave, and provide a reasonable method for employees to request leave. Employers must also maintain the employee’s job and their benefits during the leave period. Employees who take leave are responsible for providing documentation to the employer that the leave taken was for a valid reason. Failure to comply with the provisions of the FMLA, USERRA, or WPFMLA can result in significant penalties, so employers should always ensure they are complying with all applicable laws.
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