H. B. 2154
(By Delegate Love)
[Introduced February 17, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section one, article five-a, chapter
twenty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to workers'
compensation; discriminatory practice prohibited; and
providing that state employees receiving temporary total
disability benefits do not lose their seniority.
Be it enacted by the Legislature of West Virginia:
That section one, article five-a, chapter twenty-three of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5A. DISCRIMINATORY PRACTICES.
§23-5A-1. Discriminatory practices prohibited.
No employer shall discriminate in any manner against any of
his present or former employees because of such present or former
employee's receipt of or attempt to receive benefits under this
chapter.
Employees of the state of West Virginia, who are receivingtemporary total disability benefits as the result of a work-
related injury, shall continue to accrue seniority during the
period of their disability.
NOTE: The purpose of this bill is to continue seniority
accrual, to state employees, who receive total temporary
disability through workers' compensation, during the course of
their disability.
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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