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Employees of West Virginia State Government receive outstanding paid leave benefits like annual and sick leave, and leave is earned and accrued from the first day of employment. But what leave do employees need to take when a loved one or they themselves fall ill? What if their sick leave balances are empty? What if you are a member of the Military and called to service? On this page, you will find information on the different types of leave benefits available to employees in specific situations.
How to Use These Resources
How to Use These Resources
To get started, review the DOP's Administrative Rule Section 14.8 to understand Leaves of Absence Without Pay. This section provides important information regarding your rights and responsibilities related to leave entitlements.
Next, peruse the various leave forms available on the Standard Leave Forms page to familiarize yourself with the documentation required for different types of leave.
We offer two online classes on using the federal Family Medical Leave Act. Please start with Family and Medical Leave Act (FMLA) Module 1, Untangling the Web of State Leaves with the Federal FMLA, for a basic understanding of FMLA provisions, before taking Federal FMLA, Beyond the Basics for advanced information.
You can also explore a wide variety of resources related to the Family and Medical Leave Act and the Parental Leave Act. There is also a toolbox and dedicated website to support your learning on Military Leave.
Please note that this information focuses on the legal aspects of these types of leaves. Many leaves have associated transactions. To find information on those, you will need to review the resources available on the Personnel Transactions webpage.
The Administrative Rule is the statutory code that governs the Division of Personnel (DOP). It outlines guidelines for classification plans, pay structures, open competitive examinations, promotions, layoffs and recalls, appointments, dismissals, demotions, and other human resource matters in accordance with the West Virginia Code. Please review Section 14.8 Leave of Absences Without Pay.
This page provides you with all leave forms an employee may require.
Federal Family and Medical Leave and WV Parental Leave
Federal Family and Medical Leave and WV Parental Leave
This is the first class in a three-part series. It is intended to be used as an introduction to the integration of the federal Family and Medical Leave Act, WV Parental Leave Act (PLA), and Leave of Absence Without Pay as provided in the DOP's Administrative Rule (143CSR1). Both new and experienced HR professionals and leave coordinators involved in employee eligibility determinations and medical leave management are highly encouraged to enroll.
This interactive class is designed to further participants' understanding of retroactive leave designation, determining leave eligibility to care for adult children, and the interplay between FMLA and the overtime provisions of the federal Fair Labor Standards Act. HR professionals and leave coordinators who have completed the prerequisite introductory course, Untangling the Web of State Leaves with the Federal FMLA, are highly encouraged to enroll.
This webpage on the FMLA and the WV PLA offers a wide variety of guidance, including the policy, forms, a toolbox, and job aids.
This guide offers comprehensive guidance on both the federal FMLA and the WV PLA. It includes interpretive materials, checklists, and resources to help determine the appropriate leave.
An employee may request a leave of absence without pay for non-medical reasons, such as educational pursuits. This type of leave can also be requested for medical reasons or under the Americans with Disabilities Act. To learn more, click on the icon above.
Sometimes, employees do not have any accrued leave available to use for their own care. In such cases, MLOA without pay may be an option.
Military Leave
Military Leave
Many state employees also serve in the military, qualifying them for paid military leave. This benefit allows employees to fulfill their military duties without sacrificing their income. The policy ensures that those who are called to serve can take the necessary time off with financial security. Understanding the entitlements and processes for applying for military leave helps employees balance their dual roles effectively and supports their contributions both as public servants and military personnel.
This webpage has a plethora of guidance regarding military leave, including the policy, forms, information, and toolboxes.
This toolbox explains extracts from the DOP Administrative Rule concerning military leave. It includes several examples on how to credit leave.
This is a quick reference sheet to assist HR and supervisors/managers to determine the correct leave category for state employees also serving in the military.
This website provides information, resources, and training on the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Have Additional Questions Regarding Leave Issues?
Have Additional Questions Regarding Leave Issues?
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