Leave policy guide

West Virginia

Complete guide to West Virginia leave laws including FMLA compliance and state employment regulations.

0

Annual leave

12

Public holidays

state

Location type

2025-01-15

Reviewed

Legal framework

Primary legislation

West Virginia Employment Law

Governing body

West Virginia Division of Labor, WorkForce West Virginia

Last updated

2025-01-01

Official source

Entitlements overview

Annual leave

Statutory entitlement: 0

Calculation: No statutory annual leave requirement

Pro-rata: N/A - employer discretion

Carryover: Determined by employer policy

Sick leave

Statutory: No

Paid days: Varies

Statutory pay: Varies

Eligibility: No state mandate - employer discretion

Parental leave

Maternity: 12 weeks (FMLA)

Paternity: 12 weeks (FMLA)

Adoption: 12 weeks (FMLA)

Additional leave and compliance

Other leave types

Domestic Violence Leave: Reasonable time (unpaid)

Jury Duty: Duration of service (unpaid)

Voting Leave: Up to 3 hours (paid)

Military Leave: Per USERRA (unpaid)

Record keeping and notice

Records: Maintain employment records per federal requirements

Penalties: Civil penalties for leave violations

Public holiday sample

New Year's Day: 2025-01-01

Martin Luther King Jr. Day: 2025-01-20

Presidents' Day: 2025-02-17

Memorial Day: 2025-05-26

West Virginia Day: 2025-06-20

Independence Day: 2025-07-04

Frequently asked questions

Does West Virginia have state-mandated sick leave?

No, West Virginia does not require employers to provide sick leave. It is at employer discretion.

What is West Virginia Day?

West Virginia Day (June 20) is a state holiday celebrating when West Virginia became a state in 1863 during the Civil War.