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FMLA - State of West Virginia

FMLA - State of West Virginia 2025

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The document outlines the certification process for employees in West Virginia seeking Family and Medical Leave Act (FMLA) leave to care for a covered servicemember with a serious injury or illness. It details the responsibilities of both the employee and employer, including the requirement for medical certification from a qualified healthcare provider. The document emphasizes confidentiality of medical records and compliance with relevant laws, such as the Genetic Information Nondiscrimination Act (GINA).

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How does FMLA work in West Virginia?

The Act requires covered employers to provide reasonable unpaid leave to employees for certain family and medical reasons. Employees are entitled to a total of 12 work weeks of unpaid job-protected leave during a 12 month period.

What is not covered under FMLA?

FMLA leave must be used to care for yourself or a close relative. It cannot be used for mental breaks outside of a doctors care, or vacations or other travel. In other words, FMLA is medical leave and not a sabbatical.

What are the rules around FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

Do you get paid on FMLA in WV?

Employees are entitled to a total of 12 work weeks of unpaid job-protected leave during a 12 month period. Read below to learn more about the leave employees are entitled to under the FMLA.

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