COMMITTEE SUBSTITUTE

FOR

H. B. 4326


(By Delegates Spencer and Browning)


(Originating in the Committee on Finance)


[March 4, 1994]


A BILL to amend article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to state employees; extended leave of absence for state employees; and rehiring upon return to service; providing that employees shall be reinstated without loss of rights.
Be it enacted by the Legislature of West Virginia:

That article five, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four, to read as follows:
ARTICLE 5. BENEFITS FOR STATE EMPLOYEES.

§ 5-5-4. Extended Leave of absence for state employees.

With the approval of his or her appointing authority, any employee of the state, its departments or agencies may take an extended leave of absence from employment without pay for any period of time not exceeding one year for purposes of education, pregnancy, childbirth, adoptive infant bonding, any medical condition or any other reason approved by the appointing authority.

Any employee who returns from an approved leave of absence which lasted for a period of less than one year shall be reemployed by the state department or agency by which he was employed at the time leave was granted, with the right to be restored to the same or a comparable assignment of position or duties held prior to the approved leave of absence. Such employee shall retain all seniority, rights and privileges which had accrued at the time of the approved leave of absence and shall have all rights and privileges generally accorded employees at the time of the reemployment.