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West Virginia does not have a mandatory paid sick leave law that requires employers to offer employees protected sick leave. However, if the employer has promised sick leave, paid or unpaid, then they may be under a legal obligation to provide sick leave to their employees.
Section 7 (Rule 28) - These employees are eligible for one month medical leave for every 18 months of service rendered at half the wages. Any person covered under the Act can avail sick leave of not less than one-eighteenth of the service period at half the wages.
Sick leave is not compulsorily to be provided under Factories Act. It is an all purpose leave. If an employee is covered by ESI, he is any how entitled to sickness benefits unde rteh ESI Act.
To be eligible for unpaid leave under the FMLA, an employee must have worked for the employer for at least 12 months and worked for at least 1,250 hours during the previous 12 months.
A. If an employer requests it, an employee is required to provide a complete and sufficient medical certification in order to take FMLA-protected leave due to a serious health condition. The employer cannot ask for a diagnosis.
In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12
Public-Sector Employers: West Virginia's Parental Leave Act provides all state and county employees with up to 12 weeks of unpaid leave during any 12-month period. This unpaid leave is provided after the exhaustion of the employee's entire annual and personal leave.
A personal leave of absence is an absence from work taken for personal reasons not otherwise covered by the FMLA or other protected leave policies. Personal leaves of absence are unpaid and are not job-protected.
West Virginia's Parental Leave Act provides all state and county employees with up to 12 weeks of unpaid leave during any 12-month period. This unpaid leave is provided after the exhaustion of the employee's entire annual and personal leave.
The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job protected leave in a 12-month period, for specified family and medical reasons including any qualifying exigency arising out of the active duty or call to active duty status of a spouse, son, daughter or parent.