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Other Leaves: West Virginia

Other Leaves requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC


  • West Virginia has not enacted any laws that extend family and medical leave coverage or leave rights for private employees, beyond the federal Family and Medical Leave Act (FMLA). See Family and Medical Leaves of Absence.
  • Private employers are not required to pay their employees who miss work for jury duty. See Jury Duty Leave.
  • West Virginia law provides reinstatement rights to private employees serving in the military. See Military Leave.
  • All employers doing business in West Virginia are prohibited from terminating or disciplining volunteer firefighters or emergency medical personnel who respond to emergency calls prior to the time he or she is required to report to work and misses work as a result. See Emergency Medical Personnel.
  • Public officials are entitled to a leave of absence from private or public employment. See Public Officials.
  • West Virginia law requires employers to give employees up to three hours off to vote in any election for which the employee is registered and qualified if the employee makes a written demand at least three days prior to the election. See Voting Leave.