West Virginia--Laws Relating to Pregnancy

West Virginia--Laws Relating to Pregnancy

WEST VIRGINIA

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Prohibitions against Pregnancy Discrimination

It is unlawful to deny employment opportunities to a job applicant or an employee on the basis of the employer’s refusal to accommodate known limitations suffered by the job applicant or employee due to pregnancy, childbirth or related medical conditions.

*Applies to all employers who employ 12 or more people for 20 or more calendar weeks during the year in which the discriminatory act took place, or the year immediately preceding the year in which the discriminatory act took place.

To read the text of the statute, click here.

Pregnancy Accommodation

It is an unlawful employment practice for the employer to fail to reasonably accommodate known limitations stemming from pregnancy, childbirth or related medical conditions suffered by a job applicant or an employee. To receive the accommodation, job applicants or employees must submit written documentation from their health care providers that specifies the limitation and suggests possible accommodations. No job applicant or employee may be forced to accept accommodations that they do not wish to accept, and no employee may be forced to take a leave of absence in cases where another reasonable accommodation can be provided.

*Applies to all employers who employ 12 or more people for 20 or more calendar weeks during the year in which the discriminatory act took place, or the year immediately preceding the year in which the discriminatory act took place.

To read the text of the statute, click here.

Pregnancy-related Disability Accommodation

West Virginia does not specifically accommodate pregnancy or its attendant medical conditions as a disability.

Breastfeeding Rights

West Virginia does not provide women an affirmative right to breastfeed in public or at work.

Family and Childcare Leave Laws

State employees are entitled to a total of twelve weeks of unpaid family leave, following the exhaustion of all personal leave, during any twelve-month period.

For the text of the statute, click here.[3]

For the federal Pregnancy Discrimination Act, click here.

For the federal Family and Medical Leave Act, click here.

For further information on your pregnancy rights, contact Legal Momentum.

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[3] W. Va. Code Ann. § 21-5D-4

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