Senate Bill No. 615
(By Senator Hunter)
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[Introduced February 23, 2004; referred to the Committee on
Health and Human Resources; and then to the Committee on the
Judiciary.]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-5F-1, §21-5F-2,
§21-5F-3 and §21-5F-4, all relating to
providing for family
leave for employees of private employers with expanded
coverage.
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 article, designated §21-5F-1, §21-5F-2,
§21-5F-3 and §21-5F-4, all to read as follows:
ARTICLE 5F. PRIVATE EMPLOYER FAMILY LEAVE.
§21-5F-1. Sick leave, time off -- Care of family members.
(a) If, under the terms of a collective bargaining agreement
or employer policy applicable to an employee, the employee is
entitled to sick leave or other paid time off, then an employer shall allow an employee to use any or all of the employee's choice
of sick leave or other paid time off to care for: (1) A child of
the employee with a health condition that requires treatment or
supervision; or (2) a spouse, parent, parent-in-law, or grandparent
of the employee who has a serious health condition or an emergency
condition. An employee may not take advance leave until it has
been earned. The employee taking leave under the circumstances
described in this section must comply with the terms of the
collective bargaining agreement or employer policy applicable to
the leave, except for any terms relating to the choice of leave.
(b) Use of leave other than sick leave or other paid time off
to care for a child, spouse, parent, parent-in-law, or grandparent
under the circumstances described in this section shall be governed
by the terms of the appropriate collective bargaining agreement or
employer policy, as applicable.
§21-5F-2. Sick leave, time off -- Care of family members -- Poster
required.
The division of labor shall develop and furnish to each
employer a poster which describes an employer's obligations and an
employee's rights under this article. The poster must include
notice about any state law, rule or regulation governing maternity
disability leave and indicate that federal or local ordinances,
laws, rules or regulations may also apply. The poster must also
include a telephone number and an address of the division to enable employees to obtain more information regarding this article. Each
employer must display this poster in a conspicuous place. Every
employer shall also post its leave policies, if any, in a
conspicuous place. Nothing in this section shall be construed to
create a right to continued employment. The division of labor
shall administer and investigate any violation of this article.
§21-5F-3. Sick leave, time off -- Care of family members --
Monetary penalties.
The division may issue a notice of infraction if the division
reasonably believes that an employer has failed to comply with this
article. An employer who is found to have committed an infraction
under this article may be assessed a monetary penalty not to exceed
two hundred dollars for each violation. An employer who repeatedly
violates this article may be assessed a monetary penalty not to
exceed one thousand dollars for each violation. For purposes of
this section, the failure to comply with this article as to an
employee or the failure to comply with this article as to a period
of leave sought by an employee shall each constitute separate
violations. An employer has twenty days to appeal the notice of
infraction. Any appeal of a violation determined to be an
infraction shall be heard and determined by an administrative law
judge. Monetary penalties collected under this section shall be
deposited into the general revenue fund.
§21-5F-4. Sick leave, time off -- Care of family members -- Discharge of employee not permitted.
An employer may not discharge, threaten to discharge, demote,
suspend, discipline, or otherwise discriminate against an employee
because the employee: (1) Has exercised, or attempted to exercise,
any right provided under this article; or (2) has filed a
complaint, testified or assisted in any proceeding under this
article. Nothing in this article reduces any provision in a
collective bargaining agreement. The division shall notify all
employers of the provisions of this article.
NOTE: The purpose of this bill is to provide for family leave
for employees of private employers with expanded coverage.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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