Page 201 - An Indispensible Resource for Being a Credible Activist

by a health care provider for physical or mental injuries caused by said acts or to attend to
health care treatment for a victim who is the employee’s family member; (3) obtain, or assist
a family member in obtaining, services from a domestic violence shelter, rape crisis center,
or other social services program for relief from said acts; (4) obtain, or assist a family mem-
ber in obtaining, mental health counseling related to an incident of said acts in which the
employee or the employee’s family member was a victim thereof; or (5) participate in safety
planning, temporarily or permanently relocate, or take other actions to increase the safety
of the employee or the employee’s family members from future such acts. As a condition of
taking leave for such purposes, the employee shall provide the employer with advance
notice of the employee’s intention to take leave. The timing of the notice shall be consistent
with the employer’s stated policy for requesting such leave, if the employer has such a pol-
icy. When advance notice cannot be given because of an emergency or unforeseen circum-
stances, the employee or his or her designee must give notice to the employer no later than
the end of the first day the employee takes such leave. The employer may require that the
leave requests be supported by verification that the employee or employee’s family member
is a victim of domestic violence, sexual assault, or stalking, or that the leave was taken for
one of the five reasons listed in this section.

WEST VIRGINIA

Drug and alcohol testing. The State Alcohol and Drug-Free Workplace Act was created to
require public-improvement contractors to have and implement a drug-free workplace pro-
gram which requires that drug and alcohol testing be conducted by the contractor. Public
funds of the State or of any of its political subdivisions may not be expended, unless the
contractor that was awarded the contract has implemented a drug-free workplace policy and
shall have provided a sworn statement in writing, under penalties of perjury, that it main-
tains a valid drug-free workplace policy. The contract shall provide for its cancellation by
the awarding authority if (1) the contractor fails to implement the drug-free workplace pol-
icy; (2) the contractor fails to provide implementation information on said policy at the
request of the authority or the State Division of Labor; or (3) the contractor provides false
information to the awarding authority. Among the requirements of a drug-free workplace
policy are that (1) pre-employment drug testing be conducted on all employees and (2) ran-
dom drug testing be conducted annually on at least 10 percent of the contractor’s employ-
ees who perform safety-sensitive duties. Violations of the State law pertaining to a drug-free
workplace policy shall result in the following consequences: (1) for a first offense, upon con-
viction, the party is guilty of a misdemeanor and fined not more than $1,000; (2) for a sec-
ond offense, upon conviction, the party is guilty of a misdemeanor and fined not less than
$1,000 and not more than $5,000; for a third and subsequent offense, upon conviction, the
party is guilty of a misdemeanor and fined not less than $5,000 and not more than $25,000.
In addition, for a third offense and subsequent offenses, the contractor shall be excluded
from bidding on any additional public-improvement projects for a period of one year.
Minimum wage. Licensees operating charitable bingo games and charitable raffles may
pay a salary, the minimum of which is the Federal minimum wage and the maximum of

184 The H R Toolkit