H. B. 4034
(By Delegate Browning)
[Introduced January 11, 2008; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5-5-3a, relating to
a lump sum payment to an employee for annual leave days in
excess of those that can be carried over from year-to-year.
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 §5-5-3a to read as
ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.
§5-5-3a. Optional payment to employee in lump sum amount for
accrued and unused leave in excess of the amount
allowed to be carried over from year-to-year.
Every public employee who is eligible to accrue annual leave,
at the end of the calendar year, may be paid in a lump sum amount,
at his or her option, for accrued and unused annual leave in excess of that which can be carried over from year-to-year at the
employee's usual rate of daily pay during that calendar year. The
lump sum payment shall be included in the employee's next regular
payday check. The "daily rate of pay" of an employee paid a
monthly salary is calculated by multiplying the monthly salary by
twelve and dividing that number into the number of workdays for
that calendar year. As used in this section "workday" does not
include weekends, holidays, or other periods of normal noncountable
NOTE: The purpose of this bill is to allow public employees to
acquire a lump sum payment for unused annual leave days in excess
of those that can be carried over from year-to-year.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would