West Virginia WV Parental Leave Act Poster

W	EST 	V	IRGINIA 	D	IVISION OF 	L	ABOR 	
1900 Kanawha Boulevard East  -  State Capitol Complex –  Building 3, Room 200  - Charleston, WV 25305  
Telephone:  (304)558 -7890                        labor. wv.gov	
    Fax: (304)558- 3797  	
 
 
 
 	
PARENTAL LEAVE ACT 	
 	
PARENTAL LEAVE ACT  –  (W.  V a.  Code §21 -5D- 1, et. seq .).  This  legislation,  enacted  in 1989, covers employees of all 
departments, divisions, boards, bureaus, agencies, commissions or other units of State Government and County Boards 
of Education.  
Under this law, an employee s hall be entitled to a total of 12  weeks of unpaid Parental Leave following the exhaustion of 
all his or her annual and personal leave, during any 12 -month  period.  The unpaid leave shall be granted to an employee 
for  any of the following reasons:  
•   The birth  of a son or daughter of the employee  
 
•   The placement of a son or daughter with the employee for adoption  
 
•   To care for the employee’s son or daughter, spouse, parent, or dependent who has a serious health condition  
 
The statute further states that in the  case of a serious health condition, the leave may be taken intermittently when 
medically necessary.  
If a leave  of absence due to the birth or adoption of a child is foreseeable, the employee shall provide the employer with 
a two weeks written notice.  If a  leave  of absence is foreseeable due to planned medical treatment or medical supervision, 
the employee shall make a reasonable effort to schedule the leave of absence so as not to disrupt the operations of the 
employer , subject to the approval of the healt h care provider.  
If an employee requests Parental Leave  to care for a family member with a serious health condition, the employer may 
require the employee to provide certification by a health care provider of the family member’s health condition  and that 
the employee’s assistance is necessary .  The certification shall be sufficient if it contains the following:   
•   That the child, dependent, parent, or employee has a serious health condition  
 
•   The date the serious health condition commenced and its probable du ration 
 
•   The medical facts regarding the serious health condition , upon release by the patient 
The position held by an employee immediately before the leave  of absence shall be held and the employee shall be 
returned to that position  upon his or her return to work .  However, the employer may hire a temporary employee to fill 
the position for the period of time the employee is off work.  
No employer may, because an employee received  Parental Leave, reduce or deny any employment benefit or seniority 
which accr ued to the employee before his or her leave commenced. 	
 	
          
 
             Revised  January 2018