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Introduced Version Senate Bill 29 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 29

(By Senators Foster, Laird, Wells, Kessler, Chafin and White)

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[Introduced February 11, 2009; referred to the Committee on Finance.]

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A BILL to amend and reenact §21-5D-4 and §21-5D-5 of the Code of West Virginia, 1931, as amended, all relating to allowing employees to use paid accumulated sick leave as paid family leave to care for a family member.

Be it enacted by the Legislature of West Virginia:
That §21-5D-4 and §21-5D-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 5D. THE PARENTAL LEAVE ACT.
§21-5D-4. Family leave.
(a) An employee shall be is entitled to a total of 12 weeks of unpaid family leave, following the exhaustion of all his or her annual and personal leave, during any 12-month period:
(1) Because of the birth of a son or daughter of the employee;
(2) Because of the placement of a son or daughter with the employee for adoption; or
(3) In order to care for the employee's son, daughter, spouse, parent or dependent who has a serious health condition.
(b) In the case of a son, daughter, spouse, parent or dependent who has a serious health condition, such family leave may be taken intermittently when medically necessary.
(c) An employee may take family leave on a part-time basis and on a part-time leave schedule, but the period during which the number of work weeks of leave may be taken may not exceed 12 consecutive months and such the leave shall be scheduled so as not to disrupt unduly the operations of the employer.
(d) (1) If a leave because of birth or adoption is foreseeable, the employee shall provide the employer with two weeks' written notice of such the expected birth or adoption.
(2) If a leave under this section is foreseeable because of planned medical treatment or supervision, the employee:
(A) Shall make a reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the employer, subject to the approval of the health care provider of the employee's son, daughter, parent or dependent; and
(B) Shall provide the employer with two weeks' written notice of the treatment or supervision.
(e) An employee may apply accumulated paid sick leave as paid family leave under the same conditions set forth in this section.
(e) (f) This article shall not be construed as granting does not grant an employee the family leave rights provided in this section if he or she is entitled to such family leave rights under any other provision of this code.
§21-5D-5. Certification.
(a) If an employee requests family leave to care for a family member with a serious health condition as authorized in this article, the employer may require the employee to provide certification by a health care provider of the health condition.
(b) The certification shall be is sufficient if it contains the following:
(1) That the child, dependent, parent or employee has a serious health condition;
(2) The date the serious health condition commenced and its probable duration; and
(3) The medical facts regarding the serious health condition.
(c) Employee paid accumulated sick leave may be used for family leave to care for a family member as authorized in this article.



NOTE: The purpose of this bill is to allow employees to use paid accumulated sick leave for paid family leave to care for a family member.

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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