H. B. 2974
(By Delegates Spencer and Mahan)
[Introduced February 27, 1999; referred to the
Committee on Government Organization.]
A BILL to amend chapter five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article nine, 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 chapter five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article nine, to read as follows:
ARTICLE 9. STATE EMPLOYEES.
§5-9-1. Extended leave of absence for state employees.
With the approval of his or her immediate supervisor, 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 immediate
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 or she
was employed at the time leave was granted, with the right to be
restored to the same 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
NOTE: The purpose of this bill is to extend leave of
absence for state employees; and rehiring upon return to service;
and that employees shall be reinstated without loss of rights.
This article is new; therefore, strike-throughs and
underscoring have been omitted.