West Virginia

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in West Virginia.

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions like any other temporary medical condition regarding hiring, firing, promotions, and pay.
Example: If an employer offers light-duty work to an employee recovering from surgery, they must also offer it to pregnant employees needing similar accommodations.

In West Virginia, the West Virginia Human Rights Act (enforced by the West Virginia Human Rights Commission) provides additional protections. It is illegal for employers to discriminate based on pregnancy, childbirth, or related medical conditions. Employers cannot fire, demote, or refuse reasonable accommodations to pregnant employees.

Workplace Accommodations

Federal laws such as the Pregnant Workers Fairness Act (PWFA) and the Americans with Disabilities Act (ADA) require employers to provide reasonable accommodations for pregnancy-related conditions. Examples of accommodations include:
Extra restroom breaks
Light duty
Modified work schedules
Leave for medical appointments
Remote work options
Public sector employees in West Virginia also benefit from the same federal protections through the PWFA, requiring employers to reasonably accommodate pregnancy-related needs unless it causes undue hardship. Learn More

Workplace Safety for Pregnant Workers

Employers must maintain a safe work environment for pregnant employees. Unsafe conditions can be reported to the Occupational Safety and Health Administration (OSHA). Learn more

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Eligible employees in West Virginia are covered under the federal FMLA, which provides

Up to 12 weeks of unpaid, job-protected leave per year
Leave for pregnancy, childbirth, bonding with a newborn, or serious health conditions

Eligibility includes

Employment with a company of 50+ employees within 75 miles
Working at least 12 months
Completing at least 1,250 work hours in the past year

West Virginia Parental Leave Act (WVPLA)

The West Virginia Parental Leave Act applies to public sector employees and private employers with 50 or more employees. It allows: Up to 12 weeks of unpaid leave in a 12-month period for pregnancy, adoption, or caring for a seriously ill family member. Learn more

Pregnancy Leave: West Virginia employers offering medical or sick leave must also allow pregnancy-related medical leave under the same terms. This leave may be unpaid unless otherwise stated in company policies or employment contracts.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the federal Fair Labor Standards Act (FLSA), employers must provide

Reasonable break time for employees to express breast milk for up to one year after the child’s birth
A private space (other than a bathroom) for pumping. Learn more

The PUMP for Nursing Mothers Act

Effective with the signing of the PUMP Act in 2022, more employees including teachers, agricultural workers, nurses, and truck driversare now entitled to:
Break time for pumping
A private pumping space (not a bathroom). Learn more

Workplace Protections for New Parents

Equal Pay: West Virginia follows federal and state laws ensuring equal pay for equal work, prohibiting wage discrimination based on sex, including protections for new parents returning to work.

Employment Termination: Employers cannot legally fire or retaliate against employees for

Taking FMLA or WVPLA leave
Requesting pregnancy-related accommodations

Job Protection

After taking protected leave (FMLA or WVPLA), employees are entitled to return to their same or an equivalent job.

Support for Parents in West Virginia

Childcare Assistance

The West Virginia Child Care Program helps low-income families access quality childcare, supporting working parents. Assistance is based on family income and size.

West Virginia WORKS Program

Part of the state's Temporary Assistance for Needy Families (TANF) program, West Virginia WORKS offers financial support, employment services, and child care assistance to low-income families, including families with newborns. Learn More

Flexible Work Policies

Some West Virginia employers voluntarily offer flexible work options, such as remote work, flexible hours, or paid parental leave. These options vary by employer and industry.

Breastfeeding-related Rights

Under the FLSA and PUMP Act, employers must

Provide reasonable break times for pumping breast milk for one year after the child’s birth
Offer a private, non-bathroom space shielded from view and free from intrusion
These rights apply to most employees, including workers in industries traditionally excluded from earlier protections.

These laws and programs work together to ensure that pregnant workers, new parents, and families in West Virginia are supported in balancing employment and family life.