My Current State: 

FMLA West Virginia


Posted by Diane

The Family and Medical Leave Act applies to many employees in the state of West Virginia that work for covered employers. Because the Act is a federal Act, employees in all states may be covered; not just employees in Virginia.

When an employee has a worked for a covered company for at least 1,250 hours out of the previous ear, the employee may be able to take up to 12 weeks off of work in order to tend to qualifying family or medical related issues. However the employee cannot take off more than 12 weeks per year, even for different reasons.

A covered employer is one that has at least 50 employees that work within a 75-mile radius of the employee that wishes to take the FMLA time off.

When an employee takes his or her FMLA time off, the employee should not be discriminated against by the employer for having taken the time away from work. Also, the employee should be able to return to work at the end of the period of time off to have the same job or an equivalent job to the one that she or he left behind prior to the time off. The employee should also have the same salary and benefits.

Employees may be able to take up to 12 weeks off for any of the following reasons:

·         To care for their own health-related issues

·         To care for a spouse

·         To care for a child that is under the age of 18

·         To care for a parent, as long as the employee is over the age of 18 and as long as the parent is a biological parent and not an in-law

·         To care for a new born child, a newly adopted child, or a child recently taken in through foster care. CB

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