The proposed bill establishes the Family and Medical Leave Insurance Benefits Act in West Virginia, set to take effect on January 1, 2026. It introduces a new article to the state code that defines eligibility for family and medical leave insurance benefits, which will be available to individuals caring for a new child, a family member with a serious health condition, or those with their own serious health conditions. The bill allows for a maximum of 12 weeks of benefits, with payments starting within four weeks of filing a claim, calculated at 67% of the individual's average weekly wages, capped at $1,000. To fund the program, both employers and employees will be required to make payroll contributions, with the Insurance Commissioner responsible for setting the contribution rates.
Additionally, the bill includes protections for employees against retaliatory actions from employers for exercising their rights under the act, ensuring that health care benefits remain intact during leave. It mandates that employers inform employees of their rights and coordinate leave payments with existing policies. The legislation also emphasizes the importance of public education regarding the new benefits, requires annual reporting to the Legislature on program participation, and establishes an appeals process for denied benefits. The Insurance Commissioner will oversee the program's administration and propose necessary rules for its implementation, ensuring comprehensive support for individuals needing family and medical leave while safeguarding their employment rights.
Statutes affected: Introduced Version: 16-2S-1, 16-2S-2, 16-2S-3, 16-2S-4, 16-2S-5, 16-2S-6, 16-2S-7, 16-2S-8, 16-2S-9, 16-2S-10, 16-2S-11, 16-2S-12, 16-2S-13, 16-2S-14, 16-2S-15, 16-2S-16, 16-2S-17, 16-2S-18, 16-2S-19, 16-2S-20