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West Virginia Leave Laws


No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract. 

Jury Duty Leave

West Virginia leave laws do not require employers to pay employees any wages for time spent complying with a jury summons or serving on a jury, but has to provide employees unpaid leave to perform their jury duties.

An employer may not discharge, threaten, coerce, or penalize an employee for complying with a jury summons or serving on a jury. 

An employer must excuse an employee from work for the day or days required in serving as a juror if the employee shows his or her jury summons to the employer, including his or her immediate supervisor, on the next workday after receiving the summons.

Bereavement Leave

No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.

Voting Leave

West Virginia law requires employers to provide an employee with up to three (3) hours of paid leave to vote so long as the employee has requested the time off to vote in writing three (3) days before to the day of the election or vote. Employers are not required to provide paid leave to vote to employees who have three (3) hours of off-duty time to vote while polls are open but voluntarily choose not to vote.

In essential government, health, hospital, transportation, and communication services and in production, manufacturing and processing work requiring continuity in operation, an employer may arrange employees’ schedules on the day of an election or vote so as to cause the least amount of interruption to business operation as possible. Such an employer must ensure, however, that each employee has sufficient time to vote while polls are open.

Military Leave

West Virginia provides members of the organized militia called to active state duty the same leave and re-employment rights granted to members of the reserve components of the U.S. Armed Forces, including rights granted by the federal Uniformed Services Employment and Reemployment Rights Act (USERAA).