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Home » US Law » 2022 West Virginia Code » Chapter 21. Labor » Article 5D. The Parental Leave Act

§21-5D-1. Legislative Findings

The Legislature hereby finds that there is a growing crisis in this country and state affecting the stability of our families, that the family unit is being torn apart due to the need for families to have two income producing parents. In order to address this situation and to provide for the love, nurturing and […]

§21-5D-2. Definitions

As used in this article: (a) "Commissioner" means the commissioner of the department of labor. (b) "Dependent" means any person who is living with or dependent upon the income of any employee whether related by blood or not. (c) Employee. — (1) "Employee" means any individual, hired for permanent employment, who has worked for at […]

§21-5D-3. Scope

Nothing in this article prohibits an employer from providing employees with rights to family leave which are more generous to the employee than the rights provided under this article.

§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: (1) Because of the birth of a son or daughter of the employee;

§21-5D-5. Certification

(a) If an employee requests family leave to care for a family member with a serious health condition as authorized in this article, the employer may require the employee to provide certification by a health care provider of the health condition. (b) The certification shall be sufficient if it contains the following: (1) That the […]

§21-5D-6. Position Upon Return From Leave

(a) The position held by the employee immediately before the leave is commenced shall be held upon a period not to exceed the twelve-week period of the parental leave and the employee shall be returned to that position: Provided, That the employer may employ a temporary employee or temporary employees to fill said position for […]

§21-5D-7. Seniority and Employment Benefits

(a) Nothing in this section entitles any returning employee to the accrual of any seniority or employment benefits during any period of family leave. (b) During any family leave by an employee, the employer shall continue group health insurance coverage for such employee: Provided, That the employee shall pay the employer the premium costs of […]

§21-5D-9. Posting Notice

Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth an employee's rights under this article.