West Virginia Family Leave Laws 2026
Last updated: · Source: West Virginia labor department
West Virginia · Leave Laws 2026
Federal FMLA
Applies (50+ employees)
State Leave Law
None beyond federal FMLA
State Employer Threshold
Follows federal (50+)
Paid Family Leave
None
Bereavement Leave
No mandatory law
Federal FMLA in West Virginia
Federal FMLA applies to every qualifying employee in West Virginia the same way it applies nationwide: up to 12 weeks of unpaid, job-protected leave for employees who've worked 12+ months and at least 1,250 hours for an employer with 50+ employees within 75 miles.
Bereavement Leave in West Virginia
West Virginia has no law requiring employers to provide bereavement leave. Most employers offer 3–5 days as a matter of policy, not legal obligation — check your employee handbook for your specific employer's bereavement policy.
How FMLA and West Virginia Leave Work Together
Since West Virginia has no separate state family leave law, federal FMLA is the primary job-protection entitlement available.
Frequently Asked Questions
Yes. Federal FMLA applies to all qualifying employees in West Virginia at covered employers (50+ employees within 75 miles), providing up to 12 weeks of unpaid, job-protected leave.
No. West Virginia does not currently have a state family or medical leave law beyond federal FMLA.
No. West Virginia does not currently run a paid family leave program. Leave taken under federal FMLA is unpaid unless covered by employer PTO policy.
No. West Virginia has no law requiring bereavement leave. Any bereavement leave is provided at the employer's discretion.
Since West Virginia has no state family leave law, federal FMLA is the only job-protection law that applies, alongside any paid family leave or bereavement benefit the state separately provides.