SB 114 — Creating Paid Parental Leave Pilot Program

CS for SB 114 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 114 NOTE By SenatorSenators Garcia [Introducedand JanuaryWoelfel 14,[Reported 2026;February 26, 2026, from the Committee on Health and Human Resources] CS for SB 114 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §21-5J-1, §21-5J-2, §21-5J-3, §21-5J-4, §21-5J-5, §21-5J-6, §21-5J-7, §21- 5J-8, §21-5J-9, and §21-5J-10, relating to creating a paid parental leave pilot program;

referred to Committee on Health and Human Resources;

and then to the Committee on Finance] Intr SB 114 2026R1067 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §21-5J-1, §21-5J-2, §21-5J-3, §21-5J-4, §21-5J-5, §21-5J-6, §21-5J-7, §21- 5J-8, §21-5J-9, and §21-5J-10, relating to creating a paid parental leave pilot program;

providing for the creation of a fund;

setting forth how funds are to be deposited and expended;

"Child" means an individual under the age of 12 who is the biologicalbiological, foster, or adopted child of an employee.

1 CS for SB 114 "Department" means the Department of Labor.

Intr SB 114 2026R1067 "Employee" means any individual engaged in full-time permanent employment, who has worked for at least 12 consecutive weeks performing services for remuneration for any department,county division,school board,board. bureau, agency, commission, or other unit of state government prior to filing a claim under this article.

"Employer" includes any department,county division,school board,board. bureau, agency, commission, or other unit of state government.

"Employer" does not include a county, municipality, or any unit thereof, or a county board of education.

(2) The first 12 months after adoption or placement of a child which occurs during the period July 1, 2026, through July 1, 2028.

Intr SB 114 2026R1067 (c) An employee who takes paid leave under this article forfeits his or her right to take unpaid leave under §21-5D-4(a)(1) or §21-5D-4(a)(2) of this code during any 12-month period 2 CS for SB 114 beginning on July 1, 2026.

(d) The paid leave provided under this article may be combined with the unpaid parental leave provided under §21-5D-4(a)(3) of this code for a maximum duration of 1812 weeks of paid and unpaid leave per 12 months beginning on July 1, 2026.

(3) For foster placement, documentation indicating placement of the child with the foster parent.

Intr3 CS for SB 114 2026R1067 (a) There is hereby created in the State Treasury a special revenue account to be known as the Paid Parental Leave Pilot Program Fund.

IntrCS for SB 114 2026R1067 §21-5J-7.

The department may promulgate emergency and legislative rules pursuant to the IntrCS for SB 114 2026R1067 provisions of §29A-3-1 et seq.

NOTE:

The purpose of this bill is to create a paid parental leave pilot program.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.