H. B. 3138
(By Delegates Fleischauer, Beach, Marshall,
Susman, Manypenny, Martin, Barker, Brown,
Lawrence, Phillips and Klempa)
[Introduced March 13, 2009; referred to the
Committee on Education then Finance.]
A BILL to amend of the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-7-12a, relating
to providing paid childbirth leave for higher education
personnel.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-7-12a, to read as
follows:
ARTICLE 7. PERSONNEL GENERALLY.
§18B-7-12a. Paid childbirth leave.
(a) Notwithstanding any other provision of this code to the
contrary, effective July 1, 2009, the governing boards of all state
colleges, universities and community colleges, both public and
private, shall submit plans detailing how paid childbirth leave of
at least six weeks would be made available to nine-month faculty
employees. The plans must be submitted to the Higher Education Policy Commission and the Legislative Oversight Committee on
Education Accountability no later than October 1, 2009.
(b) The governing boards of all state colleges, universities
and community colleges, both public and private, prior to October
1, 2009, shall study the paid childbirth plans at other
institutions around the country and consult with affected faculty
members of both genders before submitting their plans. The plans
should also specify how leaves would be funded and include proposed
rules for using paid childbirth leave.
(c) The plans submitted must identify which types of employees
to which the plans would apply, with the goal of providing broad
coverage. Any particular groups of employees who are being
excluded should be identified and an explanation for their
exclusion must be included. The plans may discuss challenges and
suggested short-term or long-term methods of resolving the
challenges.
(d) If any institution of higher education has a paid
childbirth leave policy, the term of that childbirth leave policy
must be submitted, together with information identifying which
groups, if any, are excluded from the policy and the reasons for
exclusion. If the institution of higher education has identified
any challenges to providing broad coverage, suggested short-term
and long-term methods for resolving any challenges to providing
broad coverage may also be submitted.
NOTE: The purpose of this bill is to provide paid childbirth
leave for higher education personnel.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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