West Virginia Legislature Considers the “Flexible Leave Act”

A bill that potentially impacts employers that provide paid leave, The Flexible Leave Act (HB 4387), is moving through the West Virginia House of Delegates.  The bill requires all employers that provide accrued, paid leave to permit employees to use that leave to care for a member of their immediate family, which is defined as a spouse, parent or child, with an illness.  The new requirement would apply to all types of leave, including sick leave, vacation, paid time off ("PTO") and "compensatory time," whether provided under company policy or collective bargaining agreement. 

In addition to impacting existing leave provisions, the bill is written so broadly that it could potentially impact policies that allow employees to use leave from a sick pay bank or a salary continuance policy--both vehicles generally created and maintained to help employees who need time off for their own non-work-related illnesses or injuries.  The bill was voted out of the Energy, Industry and Labor/Economic Development and Small Business Committee and has been referred to the House Finance Committee.