Establishing the Family and Medical Leave Insurance Benefits Act
House Bill 2900 would create a new state-run Family and Medical Leave Insurance program in West Virginia, administered by the Insurance Commissioner. Beginning January 1, 2026, eligible workers could receive wage-replacement benefits for up to 12 weeks in an application year when they need leave for a new child, their own serious health condition, care for a family member, care for a covered servicemember, or qualifying military exigencies. The bill also allows self-employed individuals to opt into coverage, establishes claim procedures and appeals, requires confidentiality protections, and directs the state to create a special revenue fund to pay benefits.
The bill sets the weekly benefit at 67% of average weekly wages, capped at $1,000 and with a minimum of $250, and requires benefits to be paid biweekly after an initial payment within four weeks of filing. It also requires payroll contributions to finance the program, split equally between employers and employees, with the contribution rate to be set annually by the Insurance Commissioner. Employers would have to provide written notice to employees, maintain workplace postings, and restore covered employees to their jobs or equivalent positions after leave, while continuing health coverage during leave if the employee pays their share of premiums.
HB2900 would add a new article to the West Virginia Code creating a statewide paid family and medical leave insurance system and would impose new duties on employers, the Insurance Commissioner, and the Department/Office of the Insurance Commission. It would establish benefit eligibility, contribution financing, job-protection rights, anti-retaliation protections, notice requirements, appeals procedures, tax withholding rules, a special revenue fund, annual legislative reporting, and a public education program. The bill also interacts with existing leave laws by providing that leave taken under the program runs concurrently with federal FMLA leave when applicable and does not reduce more generous leave rights under collective bargaining agreements, employer policies, or other laws.
Based on the bill text and the absence of recorded committee discussion or votes in the provided materials, the overall sentiment appears to be policy-driven and supportive of expanding leave protections and wage replacement for workers. The bill’s sponsors framed it as a comprehensive family and medical leave insurance program, suggesting a pro-worker, pro-family policy goal. No recorded opposition, amendments, or vote history is included here, so there is no documented legislative sentiment beyond the bill’s stated purpose.
The main points of potential contention are likely to be the creation of a new payroll contribution system, the cost-sharing requirement for employers and employees, and the administrative burden of implementing a statewide insurance program. Employers may also focus on notice obligations, job-restoration requirements, and restrictions on counting protected leave under attendance policies, while workers and advocates would likely emphasize the breadth of covered reasons for leave and anti-retaliation protections. Another possible area of debate is the scope of coverage, including the inclusion of domestic partners, a designated person, and self-employed individuals who opt in.