Ever caught a nasty cold while working on a mountain trail or battling flu season while navigating the backroads of West Virginia? If you're feeling under the weather in the Mountain State, it’s reassuring to know that there are laws in place to ensure you don’t have to worry about losing your paycheck or your job.
Though West Virginia may not be the first state to enact paid sick leave like Connecticut, it’s still an important issue that affects many workers in the state. Whether you're a teacher in Charleston, a healthcare worker in Morgantown, or a service worker in Huntington, you have the right to know your sick leave options.
In this blog, we'll break down what you need to know about sick leave in West Virginia in 2025, covering the state's approach to paid sick time, as well as federal protections that apply to all employees.
West Virginia does not currently mandate paid sick leave for private-sector employees. However, there are specific protections in place for certain workers, including those in the public sector and under federal law. Here's a closer look at how sick leave works in the Mountain State:
While West Virginia doesn’t have a state-mandated paid sick leave law, the federal Family and Medical Leave Act (FMLA) still applies to employees in the state who meet certain eligibility criteria.
FMLA can be used for the following reasons:
West Virginia does provide paid sick leave for state employees working for government agencies, as well as specific benefits for employees in the education sector. Public sector workers are typically entitled to a certain number of sick days per year.
At the state level, West Virginia has not implemented a mandatory paid sick leave policy for private-sector employers. This means that unless a company voluntarily provides paid sick leave benefits or is required to do so under specific circumstances (such as contracts or union agreements), employees working in the private sector may not be entitled to paid sick days.
However, workers may still have access to paid time off (PTO) through company policies or can rely on unpaid sick leave for illness.
Q: Are part-time workers entitled to sick leave in West Virginia?
A: West Virginia does not have a state-mandated sick leave law, so part-time workers may not be entitled to paid sick leave unless offered by their employer. Under FMLA, part-time workers can still qualify for unpaid job-protected leave if they meet the necessary eligibility criteria.
Q: Do I get paid for unused sick leave in West Virginia?
A: Unless specified in an employment contract or a collective bargaining agreement, most private-sector employers in West Virginia are not required to pay out unused sick leave at the end of employment.
Q: What happens if I can’t work due to illness?
A: If you qualify for FMLA or work for the state or a local government agency, you can take time off to recover from illness without fear of losing your job. However, for private-sector employees, your employer's sick leave policies will determine your options.
Sick leave isn’t just a benefit—it’s a crucial protection for workers to manage health issues without the fear of losing wages or employment. When employees know they have time off to recover from illness or take care of a family member, they can focus on getting better instead of worrying about financial strain.
For employers, providing sick leave can improve morale, reduce absenteeism, and help maintain a productive and engaged workforce.
While West Virginia hasn’t yet implemented paid sick leave for private-sector workers, the protections provided by FMLA and public sector sick leave policies help support workers who need time off due to illness or family needs. Employers can improve employee loyalty and job satisfaction by offering paid sick leave, even if it’s not a state-mandated requirement.
If you're a West Virginia worker, it’s essential to understand your rights, whether you work for the state or a private employer. Keep an eye out for potential state legislation, as workers’ rights are always evolving.
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