West Virginia Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of West Virginia.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

Does West Virginia Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?

West Virginia does not have a mandatory paid sick leave law. The federal Family and Medical Leave Act applies if conditions are met. 

Are There Requirements to be Eligible for Paid Sick Leave in West Virginia?

There is no law requiring employers to provide paid sick leave in West Virginia. If an employer offers paid sick leave, any eligibility requirements would be set by that employer.

Is There a Minimum Amount of Paid Sick Time Required in West Virginia?

There is no minimum amount of required sick leave in West Virginia.

What Can PSL be Used for in West Virginia?

Because there is no law requiring employers to provide paid sick leave, it is up to an employer  to offer sick leave and determine how it can be used. When sick leave is provided, an employer must provide policy details in writing to each employee. 

Is Paid Sick Leave Required to be Carried Over Each Year in West Virginia?

Employers are not required by law to carry over sick leave each year.

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in West Virginia?

In West Virginia, employers are not required to provide either paid sick leave or paid time off.

Common West Virginia Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in West Virginia?

State law does not entitle you to any paid sick leave. Your employer may opt to provide paid sick leave and the duration and compensation is at their discretion.

Does paid sick leave apply to all employees who work in West Virginia?

Paid sick leave is not legally required; some organizations and employers may offer it as part of a benefits package.

Which employees are exempt or partially exempt from the paid sick leave law in West Virginia?

There are no legal exemptions for paid sick leave in West Virginia; some employers may set rules for exemption. 

Do I have to notify my employer before taking sick leave in West Virginia?

Legally, there are no rules about notification. Each employer may set those rules internally.

Can I be disciplined for taking a sick day or using paid sick leave in West Virginia?

State, county, and city laws prohibit employers from retaliating against employees who use their paid sick leave. However, employees must comply with company policy around notifying their employer and providing any required documentation to maintain protection. Employees who misuse their paid sick leave or violate company policies may be subject to disciplinary action.

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West Virginia Division of Labor

West Virginia Labor Law FAQ