WEST virginia legislature

2016 regular session

Introduced

House Bill 4141

By Delegates Sobonya, Frich and Moffatt

[Introduced January 18, 2016; Referred
to the Committee on Industry and Labor then the Judiciary.]

A BILL to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Human Rights Commission to promulgate a legislative rule relating to the Pregnant Workers’ Fairness Act.

Be it enacted by the Legislature of West Virginia:

That article 5, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

 ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Human Rights Commission.

The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article eleven-b, chapter five, of this code, modified by the Human Rights Commission to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on December 8, 2015, relating to the Human Rights Commission (Pregnant Workers’ Fairness Act, 77 CSR 10), is authorized with the amendments set forth below:

On page 2, Subsection 2.4, following the word “miscarriage” and the comma, by striking the words “pregnancy termination,”;

On page 2, Subsection 2.4, following the word “depression” and the comma, by striking the word “fertility”;

            On page 2, Subsection 2.4, following the word “lactation”, by changing the period to a colon and inserting the following proviso: “Provided, That an elective abortion shall not be considered a related medical condition.”;

            On page 2, Subdivision 3.1.2, by striking out all of subdivision 3.1.2 and inserting in lieu thereof the following:

“3.1.2. The employee or job applicant must request the accommodation, and deliver to the employer documentation from the employee/applicant’s licensed health care provider that delineates the employee or applicant’s limitations and suggesting what accommodation(s) would address those limitations for the purpose of asserting a claim pursuant to the PWFA.”;

            On page 3, Subdivision 5.1.1, by striking out all of subdivision 5.1.1.

NOTE: The purpose of this bill is to authorize the Human Rights Commission to promulgate a legislative rule relating to the Pregnant Workers’ Fairness Act.

This section is new; therefore, strike-throughs and underscoring have been omitted.