West Virginia Employment Law Update – April 2017

West Virginia

Civil Air Patrol Leave

On April 24, 2017, West Virginia Governor Jim Justice signed legislation (S.B. 280) requiring employers with more than 15 employees to provide employees who are members of the West Virginia wing of the Civil Air Patrol the following unpaid Civil Air Patrol leave:

  • Up to a maximum of 10 days per calendar year for emergency mission training.
  • Up to a maximum of 30 days per calendar year for emergency mission response.

The law also contains notification requirements, permitted employer verification, negotiation for the payment of benefits during leave, entitlement to benefits accrued prior to leave, collective bargaining protections, re-employment rights, discrimination prohibitions, and other protections and enforcement provisions.

The law is effective July 1, 2017.

Read WV S.B. 280

Medical Cannabis Act

Legislation (S.B. 386) passed on April 6, 2017 and signed by West Virginia Governor Jim Justice on April 19, 2017 established the West Virginia Medical Cannabis Act. The law creates the lawful use of medical cannabis, prohibits patients under the influence of medical cannabis from performing specific workplace duties, and provides employer and employee protections.

The law is effective 90 days from passage (projected July 5, 2017).

Read WV S.B. 386