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West Virginia FMLA leave calculator - 2026

Check your West Virginia FMLA eligibility and calculate your leave balance. West Virginia workers rely on federal FMLA for up to 12 weeks of unpaid job-protected leave.

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FMLA eligibility and leave calculator - 2026

Enter your employment details to check eligibility and calculate your leave

FMLA requires 12 months of employment
FMLA requires at least 1,250 hours
Weeks taken under FMLA in the past 12 months
FMLA weeks available
Weeks remaining
of 12-week entitlement
Return-to-work date
FMLA leave details
Total FMLA entitlement12 weeks / 84 days
Weeks already used
Weeks remaining
Leave start date
Estimated end date
Return to work by
Is leave paid?
Important: FMLA eligibility depends on specific facts about your employment situation. This calculator provides a general estimate only. Your employer may have different policies. Always notify your employer in writing and consult an employment attorney if your leave is denied or your job is threatened.

This tool provides general information only and is not legal advice. FMLA rules are complex and depend on specific circumstances. Consult a qualified employment attorney for guidance specific to your situation.

State paid family leave programs - 2026

States with paid leave beyond federal FMLA (which is unpaid)

State Paid leave program Max weeks Wage replacement Employee funded

West Virginia family and medical leave - key facts

Federal FMLA protections plus West Virginia-specific paid leave information

Federal FMLA only
State paid leave
N/A
Paid leave weeks
Unpaid
Wage replacement

West Virginia leave law overview

West Virginia has no state paid family leave program beyond the federal FMLA. West Virginia workers at covered employers are eligible for up to 12 weeks of unpaid leave under federal law.

West Virginia does not have a state paid family leave program. West Virginia workers should check their employer's benefits for any voluntary paid leave or short-term disability insurance.

Federal FMLA in West Virginia

All West Virginia workers at employers with 50 or more employees within 75 miles are also covered by the federal Family and Medical Leave Act (29 U.S.C. 2601). Federal FMLA provides up to 12 weeks of unpaid, job-protected leave per year for a qualifying serious health condition, to care for a family member, or to bond with a new child. You must have worked for your employer for at least 12 months and at least 1,250 hours in the past year to be eligible.

Governing law

West Virginia leave law is governed by Federal FMLA 29 USC 2601 (29 U.S.C. § 2601). The official authority for West Virginia family and medical leave is the U.S. Department of Labor Wage and Hour Division.

Data source: 29 U.S.C. § 2601 and federal FMLA 29 U.S.C. 2601. Last verified: 2026. Leave laws can change - verify current protections with the U.S. Department of Labor Wage and Hour Division. This calculator provides estimates for informational purposes. Consult an employment attorney for advice specific to your situation.

Frequently asked questions - FMLA 2026

Who qualifies for FMLA leave?
To qualify for federal FMLA leave you must: (1) work for a covered employer - a private employer with 50 or more employees, or any public agency or school; (2) have worked for that employer for at least 12 months; (3) have worked at least 1,250 hours in the past 12 months; and (4) work at a location where the employer has 50 or more employees within 75 miles.
How many weeks of FMLA leave am I entitled to?
Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. Military caregiver leave allows up to 26 weeks. FMLA leave can be taken all at once or intermittently. The 12-week entitlement resets based on your employer's chosen 12-month calculation method.
Is FMLA leave paid?
Federal FMLA leave is unpaid. However, your employer may require or allow you to use accrued paid leave (vacation, sick time, PTO) concurrently with FMLA. Additionally, 13 states and Washington D.C. have their own paid family and medical leave programs that provide partial wage replacement during leave. Check the state table above to see if your state has a paid program.
Can my employer deny my FMLA leave?
If you meet all eligibility requirements and have a qualifying reason, your employer cannot legally deny FMLA leave. However, they can require you to provide medical certification, give advance notice when foreseeable, and use accrued paid leave concurrently. If your employer denies a legitimate FMLA request, you can file a complaint with the U.S. Department of Labor Wage and Hour Division.
What happens to my health insurance during FMLA?
Your employer must maintain your group health insurance coverage during FMLA leave under the same terms as if you continued working. You must still pay your portion of the premiums. If you do not return to work after FMLA leave, your employer may recover the health insurance premiums they paid during your leave, with some exceptions.