West Virginia Code 15-1K-7 – Accrued benefits not lost; leave not to be used with other leave; rights and obligations under collective bargaining or other agreements
(a) The use of Civil Air Patrol leave under this article may not result in the loss of an employee benefit accrued before the first date of leave.
Terms Used In West Virginia Code 15-1K-7
- Civil Air Patrol leave: means leave requested by an employee who:
(A) Is a volunteer member of the civilian auxiliary of the United States Air Force known as the Civil Air Patrol. See West Virginia Code 15-1K-2
- Contract: A legal written agreement that becomes binding when signed.
- Employee: means any individual who performs services for, or under the control of, a provider of wages or remuneration. See West Virginia Code 15-1K-2
- Employer: means any person or entity that employs more than fifteen employees. See West Virginia Code 15-1K-2
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(b) An employee using leave under any other provision of state or federal law may not concurrently use leave granted under this article.
(c) This article does not affect the obligation of an employer to comply with a collective bargaining agreement or an employee benefit plan that provides greater leave rights to employees than the rights provided under this article.
(d) The grant of leave under this article may not be diminished by a collective bargaining agreement or an employee benefit plan entered into on or after July 1, 2017.
(e) This article does not affect or diminish the contract rights or seniority status of an employee not entitled to Civil Air Patrol leave.