1999).Īn employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it, so long as the employee has agreed to the policy in writing. 1999).Īn employer may cap the amount of vacation leave an employee may accrue over time. WV Division of Labor – Fringe Benefits.Īn employer is required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter. 1999).Īn employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. 1999).Īn employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year, if the forfeiture policy is clearly and explicitly stated in the employer’s established policy or employment contract. WV Statute 21-5-1(c) WV Division of Labor – Fringe Benefits.Īn employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment, if the forfeiture policy is clearly and explicitly stated in the employer’s established policy or employment contract. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract.
In West Virginia, employers are not required to provide employees with vacation benefits, either paid or unpaid.
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