WEST virginia legislature

2024 regular session

House Bill 5242

By Delegates Crouse, Petitto, Moore, Winzenreid, Smith, Adkins, and Dean

[Introduced January 26, 2024; 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 §15A-11-12, relating to providing paid leave for state employees working as volunteer emergency personnel when responding to emergencies.

Be it enacted by the Legislature of West Virginia:

ARTICLE 11. FIRE COMMISSION.

§15A-11-12. Paid leave for state employees working as volunteer emergency personnel when responding to emergencies.

(a) Public employees who are volunteer members of a fire department or emergency medical services are allowed to be absent from work when responding to an emergency.

(b) The State cannot take any adverse action against an employee choosing to take the emergency response leave.

(c) The following requirements shall be met by the employee before that employee may request leave:

(1) The employee must provide a volunteer firefighter or volunteer EMS provider certification within 30 days of acquiring it;

(2) The employee shall make an attempt to notify the employer of their absence; and

(3) If the employee could not notify the employer due to severe circumstances, the employee must supply a written explanation from the chief of emergency services they belong to.

(d) The employer is permitted to subtract any hours the employee was absent on an emergency response from the total amount of wage calculations.

NOTE: The purpose of this bill is to provide paid leave for state employees working as volunteer emergency personnel when responding to emergencies.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.