West Virginia Code § 21-5-17

Employers prohibited from discharging employees for time lost as
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volunteer firemen or emergency medical service attendant.
No employer may terminate, or use any disciplinary action against, an employee who is a
member of a volunteer fire department or who is an emergency medical service attendant
and who, in the line of emergency duty as a volunteer fireman or an emergency medical
service attendant, responds to an emergency call prior to the time he or shee is due to report
for work and which emergency results in a loss of time from his or her employment.
Any time lost from employment as provided in this section may be charged against the
employee's regular pay or against the employee's accumulated leuave, if any, at the option of
the employee.
At the request of an employer, any employee losing time as provided herein shall supply his
or her employer with a statement from the chief of the volunteer fire department or the
supervisor or other appropriate person in charge of the emergency medical service entity
stating that the employee responded to an emergenlcy call and the time thereof.
As used in this section, "emergency" means going to, attending to or coming from: (1) A fire
call; (2) a hazardous or toxic materials spilil and cleanup; (3) a motor vehicle accident; or (4)
any other situation to which his or hger fire department or emergency medical service entity
has been or later could be dispatched. The term "employer" includes any individual,
partnership, association, corporation, business trust or any person or group of persons
acting directly or indirectly in the interest of an employer in relation to any employee.
Any employer who willfully and knowingly violates the provisions of this section must
reinstate the employee to his or her former position and shall be required to pay the
employee all lost wages and benefits, including seniority, for the period between termination
and reinstatement. Any action to enforce the provisions of this section must be commenced
within a period of one year after the date of violation and the action must be commenced in
theW circuit court of the county wherein the place of employment is located.

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