Employees of West Virginia State Government receive outstanding paid leave, and leave is earned and accrued from the first day of employment. This includes annual (vacation) leave and sick leave, as well as paid time off for other activities such as jury duty and military leave.
Court, Jury, and Hearing Leave
Family and Medical Leave Act/Parent Leave Act (FMLA/PLA)
Military Leave Forms, Information, and Rights
Annual (Vacation) Leave
Annual leave (vacation/personal time off) is earned by eligible employees from the first day of employment. Most agencies allow employees to receive credit for earned leave on a monthly or semi-monthly basis, and the amount of leave accrued is based on years of service. Employees may use their leave in accordance with agency protocol, and they may save (or “bank”) up to a yearly maximum carry forward amount (from December 31 into the next year) that varies by length of service. See the chart below for details.
| LENGTH OF SERVICE | ACCRUAL RATE (Monthly and Yearly) | MAXIMUM YEARLY CARRY-FORWARD |
|---|---|---|
| Less than 5 years | 1.25 days/month = 15 days/year | 30 days |
| 5 years, but less than 10 years | 1.50 days/month = 18 days/year | 30 days |
| 10 years, but less than 15 years | 1.75 days/month = 21 days/year | 35 days |
| 15 years or more | 2.00 days/month = 24 days/year | 40 days |
For more information on annual leave, please refer to the West Virginia Division of Personnel Administrative Rule or check with your supervisor.
Court, Jury, and Hearing Leave
Time off (without loss of pay or charge to annual leave) is provided to eligible employees who, in response to a subpoena or direction by other proper authority, are called to jury duty or to appear as a witness before any court, judge, legislative committee, officer, board, or other body authorized by law to conduct hearings or inquiries.
For complete details, including requirements and restrictions, refer to:
- West Virginia Division of Personnel Policy DOP-P10, Witness/Jury Service
- West Virginia Division of Personnel Administrative Rule
If after reviewing these documents you need further assistance, call the Employee Relations staff at 304-414-1853.
Family and Medical Leave Act/Parent Leave Act (FMLA/PLA)
West Virginia Division of Personnel Information:
- Family and Medical Leave Act/Parental Leave Act (FMLA/PLA) Policy
- FMLA/PLA Forms
- FMLA/PLA Supervisor’s Toolbox:Guidance regarding the federal Family and Medical Leave Act and the West Virginia Parental Leave Act. Includes Division of Personnel forms and checklists.
- FMLA/PLA Comparison Chart:A chart comparing and contrasting, in a general way, the provisions of the federal Family and Medical Leave Act and the West Virginia Parental Leave Act.
- FMLA/PLA Decision-Making Flowchart:A tool to assist supervisors and employees in making decisions about leave eligibility and administration.
- FMLA/PLA Frequently Asked Questions
- HR Leave Training:
U.S. Department of Labor Information:
- Family and Medical Leave Act Overview and Additional Information
- Family and Medical Leave Act Employee Guide
- Family and Medical Leave Act Employer Guide
Holidays
The State offers 12 paid holidays in each year. The number of paid holidays is above the national average for both public and private sector employees. In addition, employees generally do not work on statewide primary and general election days.
Official State holidays are:
- New Year’s Day — January 1
- Martin Luther King Day — Third Monday in January
- President’s Day — Third Monday in February
- Memorial Day — Last Monday in May
- West Virginia Day — June 20
- Independence Day — July 4
- Labor Day — First Monday in September
- Columbus Day — Second Monday in October
- Veterans Day — November 11
- Thanksgiving — Fourth Thursday in November
- Day After Thanksgiving — Fourth Friday in November
- Christmas Day — December 25
In addition, time off is given for the following:
- When Christmas Day and New Year’s Day fall on Tuesday, Wednesday, Thursday, or Friday, the preceding half day (not to exceed four hours) on Christmas Eve (December 24) and New Year’s Eve (December 31) are given as time off.
- Any day on which a Primary or General election is held throughout the State, and such other days as the President, Governor, or other duly constituted authority proclaim to be official holidays or days of special observance or thanksgiving, or days for the general cessation of business, is given as time off.
When a holiday falls on a Saturday, the previous Friday is observed; when a holiday falls on a Sunday, the following Monday is observed.
NOTE: Some agencies must modify their holiday observances and time off due to required work schedules. Consult your supervisor for questions.
Leave Donation Program
Pursuant to the Division of Personnel (DOP) Donated Leave Program (143CSR2), a medical emergency involving a medical condition by a classified or classified-exempt employee or by someone in their immediate family may qualify an employee as a recipient of annual leave donated by other such employees.
Click here for more information on the Leave Donation Program.
Leave Forms
Standard Leave Forms:
| Form | Type of Leave |
|---|---|
| DOP-L1 | Leave with Pay |
| DOP-L2 | Leave of Absence without Pay |
| DOP-L3 | Physician’s/Practitioner’s Statement |
| DOP-L4 | Federal Family and Medical Leave Act (FMLA); State Parental Leave Act (PLA); Medical Leave of Absence without Pay |
| DOP-L4A | Leave under the Federal Families First Coronavirus Response Act/Emergency Family and Medical Leave and Emergency Paid Sick Leave |
| DOP-L5 | Federal Family and Medical Leave Act (FMLA) and/or Medical Leave of Absence without Pay - Supplemental Certification for Employee’s Serious Health Condition |
| DOP-L6 | Federal Family and Medical Leave Act (FMLA) and/or State Parental Leave Act (PLA) - Supplemental Certification for Family Member’s Serious Health Condition |
| DOP-L7 | Federal Family and Medical Leave Act (FMLA) -Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave |
| DOP-L7V | Federal Family and Medical Leave Act (FMLA) - Certificate for Serious Injury or Illness of Covered Veteran for Military Family Leave |
| DOP-L8 | Federal Family and Medical Leave Act (FMLA) - Certification for Qualifying Exigency for Military Family Leave |
| DOP-L9 | Federal Family and Medical Leave Act (FMLA) and/or State Parental Leave Act (PLA) - Notice of Eligibility and Rights and Responsibilities |
| DOP-L10 | Federal Family and Medical Leave Act (FMLA) and/or State Parental Leave Act (PLA) - Designation Notice |
| DOP-L11 | Application for Organ Donation/Testing Leave with Pay |
| DOP-L12 | Physician’s/Practitioner’s Statement for Organ Donation/Pre-Operative Testing |
Military Leave Forms, Information, and Rights
State employees hired for permanent employment are entitled to a maximum of 60 days (480 hours) of paid military leave as follows:
- Members of the National Guard or any of the federal armed services reserve components are permitted up to 30 days (240 hours) of paid military leave for eligible activities.
- Employees who are called or ordered to active duty by a proper federal authority are permitted up to an additional 30 days (240 hours) of paid military leave for eligible activities.
Employees who must be off work longer than the 30- or 60-day limit are eligible to use their accrued annual leave if they desire to continue receiving pay. Once the annual leave expires OR if an employee elects not to use accrued annual leave, a personal leave of absence without pay must be requested and must be approved.
For the full provisions of military leave, including eligible activities, return to work information, and other forms, information, and rights, see the links below:
- Division of Personnel Administrative Rule (Section 14.9. Military Leave)
- Guide to Verification of Military Orders (includes Verification Form)
- Military Leave of Absence Employment Status Documentation Form
- Military Leave of Absence Request Form
- Supervisor’s Toolbox: Military Leave - Crediting the Annual Military Leave Allotment
- Supervisor’s Toolbox: Military Leave - Determining Paid Category
- Veteran’s Re-employment Rights Poster
- West Virginia Department of Veterans Assistance Website
Sick Leave
Paid sick leave is available to eligible employees who are ill, injured, or have medical appointments, and it is earned from the first day of employment. Most agencies allow employees to receive credit for earned leave on a monthly or semi-monthly basis. All employees earn sick leave at the same rate (1.50 days/month = 18 days/year) and are allowed to carry an unlimited sick leave balance.
Employees may use their sick leave in accordance with agency protocol and the provisions of the Division of Personnel Administrative Rule. In addition to the employee’s illness, injury, and medical appointments, employees are permitted up to a total 80 hours of accrued sick leave per calendar year for illnesses/injuries/medical appointments of immediate family members, and up to 3 days for each occurrence of a death in the immediate family.
For more information on sick leave, including appropriate uses and requirements for physician’s statements, please refer to the West Virginia Division of Personnel Administrative Rule and/or check with your supervisor.