West Virginia Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

How does FMLA work in West Virginia?

FMLA in West Virginia operates under the federal standard: it applies to private employers with 50 or more employees within 75 miles and to all public agencies. Eligible employees — those with at least 12 months of employment and 1,250 hours worked in the prior 12 months — may take up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. The U.S. DOL Wage and Hour Division administers and enforces the Act; the West Virginia Division of Labor refers FMLA inquiries to the U.S. DOL at (866) 487-9243. Source: U.S. DOL FMLA; WV Division of Labor.

How long is maternity leave in West Virginia?

For private-sector employees, maternity leave in West Virginia is up to 12 weeks under federal FMLA at employers with 50 or more employees. No additional state-mandated leave applies to private workers. For eligible state government employees, the West Virginia Parental Leave Act (W. Va. Code § 21-5D-4) provides up to 12 weeks unpaid, which may be combined with up to 12 weeks paid under the 2026 Paid Parental Leave Pilot Program (SB 114) for a potential 18-week combined maximum. Source: W. Va. Code § 21-5D-4; U.S. DOL FMLA.

Is maternity leave paid or unpaid in West Virginia?

Maternity leave is unpaid under federal FMLA and under the West Virginia Parental Leave Act. No state-funded paid maternity leave program exists for private-sector workers. The 2026 Paid Parental Leave Pilot Program (SB 114) provides paid leave at 90% of wages up to $1,000 per week for eligible state employees only. Private-sector employees may access paid time through employer-provided PTO, short-term disability insurance, or employer policy. Source: WV Legislature — SB 114 (2026); U.S. DOL FMLA.

Who is eligible for FMLA in West Virginia?

FMLA eligibility requires: (1) the employer has 50 or more employees within a 75-mile radius; (2) the employee has worked for that employer for at least 12 months; and (3) the employee has worked at least 1,250 hours in the 12 months before the start of leave. All three criteria must be met. Source: U.S. DOL FMLA.

Is FMLA leave paid in West Virginia?

FMLA leave is unpaid. Federal law does not require wage replacement during FMLA. West Virginia operates no state-funded paid leave program for private-sector employees. Employees may substitute accrued employer-provided paid leave — PTO, vacation, or sick days — during FMLA if the employer’s policy permits or requires it. Source: U.S. DOL FMLA.

Does West Virginia have paid sick leave?

West Virginia does not have a paid sick leave requirement for private employers. No statewide statute mandates that private employers provide paid or unpaid sick leave. When an employer voluntarily provides sick leave, its own written policy governs the benefit. Source: WV Division of Labor.

Does West Virginia have paid family leave?

West Virginia does not have a state-funded paid family leave program for private-sector employees. The 2026 Paid Parental Leave Pilot Program (SB 114, signed February 28, 2026) provides paid parental leave for state government employees only, with a program sunset of December 31, 2028. Source: WV Legislature — SB 114 (2026).

How many sick days are required in West Virginia?

West Virginia law does not require private employers to provide any sick days. Sick leave entitlement, if any, is determined entirely by the employer’s written policy or employment contract. Source: WV Division of Labor.

Does FMLA apply to small businesses in West Virginia?

FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius. West Virginia has no state family leave law extending FMLA-like coverage to smaller private employers. The West Virginia Parental Leave Act (W. Va. Code § 21-5D) covers only state government agencies and county boards of education — not private employers of any size. Source: U.S. DOL FMLA; W. Va. Code § 21-5D-2.

How long is paternity leave in West Virginia?

For private-sector employees, paternity leave in West Virginia is up to 12 weeks under federal FMLA at covered employers. FMLA applies equally to all parents regardless of gender. No state-mandated paid paternity leave program exists for private workers. State government employees may access up to 12 weeks of paid leave under the 2026 Paid Parental Leave Pilot Program (SB 114), applicable to all parents for the birth, adoption, or foster placement of a child under 12. Source: U.S. DOL FMLA; W. Va. Code § 21-5D-4.

Can an employer deny sick leave in West Virginia?

If an employer does not offer sick leave, state law imposes no obligation to grant it. If an employer’s written policy provides sick leave, the employer must administer the benefit consistently with that policy. FMLA-qualifying leave cannot be denied to eligible employees at covered employers when the statutory criteria are met. Source: WV Division of Labor.

What options exist for paid maternity leave in West Virginia?

Private-sector employees’ paid maternity leave options in West Virginia depend entirely on employer-sponsored benefits: accrued PTO or vacation used during FMLA; employer-purchased short-term disability insurance covering the recovery period following childbirth; and any voluntary employer-provided paid parental leave policy. No state program provides wage replacement for private-sector workers. Source: U.S. DOL FMLA; WV Division of Labor.

What happens to unused sick leave if an employee leaves their job in West Virginia?

West Virginia does not require employers to pay out unused sick leave upon separation. Under the West Virginia Wage Payment and Collection Act (W. Va. Code § 21-5-4), fringe benefits including sick leave are payable upon separation only if the employer’s written policy or employment agreement specifically provides for such payout. Source: WV Division of Labor — Wage Payment & Collection FAQ.

Are there local paid sick leave ordinances in West Virginia?

No West Virginia municipality has enacted a local paid sick leave ordinance as of March 2026. Current legislative activity at both the state and municipal level can be tracked through the West Virginia Legislature.

Does West Virginia have a new paid leave law in 2026?

Yes. West Virginia enacted SB 114 during the 2026 Regular Session, signed by the Governor on February 28, 2026. The law creates a Paid Parental Leave Pilot Program providing eligible state employees with up to 12 weeks of paid leave at 90% of wages (capped at $1,000/week) for the birth, adoption, or foster placement of a child under 12. The program runs through December 31, 2028. It does not extend to private-sector workers. Source: WV Legislature — SB 114 (2026).