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Other Leaves: West Virginia

Other Leaves requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC


  • There are various types of leave that may be available to an employee in West Virginia. See Leaves of Absence.
  • West Virginia does not have a state family and medical leave law applicable to private employers. See Family and Medical Leave.
  • An employer is not required to pay their employees who miss work for jury duty. See Jury Duty Leave.
  • An employer may not terminate or discipline volunteer firefighters or emergency medical personnel who respond to emergency calls prior to the time they are required to report to work and miss work as a result. See Emergency Responder Leave.
  • Public officials are entitled to a leave of absence from private employment. See Public Officials Leave.
  • An employer must provide an employee with up to three hours off to vote in any election for which the employee is registered and qualified if the employee makes a written demand at least three days prior to the election. See Voting Leave.
  • West Virginia law provides reinstatement rights to private employees serving in the military. See Military Leave.