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WV Code § 21A-6-1c (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-1c. Voluntary Withholding Program

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised by the appropriate bureau employee that:(1) Unemployment compensation is subject to federal and state income tax;(2) Requirements exist pertaining to estimated tax payments;(3) The individual may elect to have federal and state income tax deducted and withheld from the individual's payment of unemployment compensation at the appropriate federal and state withholding rate; and(4) The individual may change a previously elected withholding status.(b) Amounts deducted and withheld from unemployment compensation shall remain in the unemployment fund until transferred to the appropriate federal or state taxing authority as payment of income tax.(c) The commissioner shall follow all procedures specified by the United States Department of Labor, federal Internal Revenue Service and the West Virginia State Tax Division pertaining to the deducting and withholding of income tax.(d) Amounts shall be deducted and withheld in accordance with the priorities established in rules developed by the commissioner.(e) Effective date. -- The amendments made to this section regarding withholding for state income tax shall be effective for payments made on and after January 1, 2010.
WV Code § 21A-6-2 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-2. Waiting Period Construed

If the benefit year ends during a period of total unemployment for any individual, such individual shall serve a new waiting period of one week before benefits accruing in the new benefit year shall be payable.During the waiting period, the individual must be eligible in all respects, except for the requirements of subsection (2) of section one of this article. No week shall be counted as the waiting period week if benefits have been paid with respect to such week.
WV Code § 21A-6-4 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-4. Individual Not Denied Benefits by Receiving Vocational Training

Notwithstanding any other provision in this article, no individual shall be denied unemployment compensation benefits because of his receiving training as part of an area vocational program, or similar program, which has as its object the training of unemployed individuals in new occupational skills: Provided, That such individual's training and training institution are approved by the commissioner, and such individual produces evidence of his continued attendance and satisfactory progress at such training institution when requested to do so by the commissioner.Notwithstanding any other provisions of this chapter, no otherwise eligible individual shall be denied benefits for any week because he or she is in training approved under section 236(a)(1) of the Federal Trade Act of 1974, nor shall such individual be denied benefits by reason of leaving work to enter such training, if the work left is not suitable employment, or because of the application of the provisions of this chapter or any applicable federal unemployment compensation law relating to availability for work, active search for work or refusal to work to any such week in training.For purposes of this section, the term "suitable employment" means with respect to an individual, work of a substantially equal or higher skill level than the individual's past adversely affected employment as defined for purposes of the Federal Trade Act of 1974 and wages for such work at not less than eighty percent of the individual's average weekly wage as determined for the purposes of the Federal Trade Act of 1974.
WV Code § 21A-6-4a (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-4a. National Guard or Reserve Training Not to Be Considered Employment; Such Individual Not Unavailable for Work; Remuneration for Training Not to Be Deducted From Unemployment Compensation Benefit

Notwithstanding any other provision of this chapter to the contrary, the following provisions apply to an individual who is a member of the state National Guard or other reserve component of the United States Armed Forces:(1) If such individual is otherwise unemployed under the provisions of this chapter, he may not be considered to be employed because he is engaged in inactive duty for training;(2) Such individual may not be considered unavailable for work by reason of his inactive duty for training; and(3) Remuneration which the individual receives for participating in inactive duty for training may not be deducted from the unemployment compensation benefit to which he is otherwise entitled.
WV Code § 21A-6-5 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-5. Considerations in Determining if Work Is Suitable

In determining whether work is suitable for an individual, the commissioner shall consider:(1) The degree of risk involved to the individual's health, safety, and morals.(2) The individual's physical fitness and prior training.(3) His experience and prior earnings.(4) His length of unemployment.(5) His prospects of securing local work in his customary occupation. (6) The distance of the available work from his residence: Provided, however, That the distance from his new residence shall not be considered in determining suitable work if such distance from available work was created as the result of the individual voluntarily changing his residence to a locality other than that locality in which he resided at the time he voluntarily quit his last employment without good cause involving fault on the part of the employer.
WV Code § 21A-6-6 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-6. New Work Not Deemed Suitable

Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied to an individual, otherwise eligible, for refusing to accept new work under any of the following conditions:(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute.(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.
WV Code § 21A-6-7 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-7. When Departments Treated as Separate Establishments With Respect to Labor Disputes

In case separate branches of work commonly conducted as separate businesses are conducted in separate departments on the same premises, each department shall, for the purposes of subsection four, section three, be treated as a separate establishment.
WV Code § 21A-6-8 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-8. Payment of Benefits

Benefits shall become payable from the fund twenty-four months after the first day when payments first accrue.Benefits shall be payable only with respect to unemployment occurring after expiration of such twenty-four months.
WV Code § 21A-6-9 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-9. Place of Payment

Benefits shall be paid through employment offices or, if the commissioner by rules so prescribes, through the Bureau of Employment Programs' offices, in accordance with such regulations as the commissioner shall prescribe.
WV Code § 21A-6-11 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-11. Benefit Rate -- Partial Unemployment

An eligible individual who is partially unemployed in any week shall, upon claim therefor filed within such time and in such manner as the commissioner may by regulation prescribe, be paid benefits for such partial unemployment in an amount equal to his weekly benefit rate, as determined in accordance with section ten of this article, less that part of wages from any source payable or bonus paid to him with respect to such week which is in excess of $60: Provided, That such amount of benefits if not a multiple of $1 shall be computed to the next lowest multiple of $1. Such partial benefits shall be paid to such individual for the week for which he is claiming benefits without regard to the provisions of subdivision (1), section one of this article.
WV Code § 21A-6-12 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-12. Suspension of Partial Benefit Rights

If at any time the unemployment compensation fund, including the trust fund, clearing account and benefit account, and excluding therefrom an amount, estimated by the commissioner, equal to the sum of the benefit liabilities then accrued and unpaid, shall fall below the sum of $5 million, the commissioner, with the concurrence of a majority of the advisory council, and with the consent and approval of the Governor, may suspend the right to receive benefit for periods of partial unemployment not then completed, and no right to benefit for periods of partial unemployment completed or occurring during the period of such suspension shall then or thereafter accrue. At any time subsequent to such suspension the commissioner, with the concurrence of a majority of the advisory council, and with the consent and approval of the Governor, may rescind, and whenever the unemployment compensation fund, including the trust fund, clearing account and benefit account, and excluding therefrom an amount, estimated by the commissioner, equal to the sum of the benefit liabilities then accrued and unpaid, reaches the sum of $10 million, the commissioner shall rescind such suspension as to periods of partial unemployment not then completed.
WV Code § 21A-6-13 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-13. Computation of Wage Credits; Determination of Maximum Benefits

The commissioner shall compute wage credits for each individual by crediting him with the wages paid to him for employment by employers during his base period. The maximum total amount of benefits payable to any eligible individual during any benefit year shall not exceed the amount appearing in column (D) on line indicating individual's wage class, of Table A, in this article hereinabove contained.
WV Code § 21A-6-14 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-14. Payment of Benefits Upon Decease of Claimant

Accrued benefits due and unpaid on claims filed prior to decease of a claimant may, in the discretion of the commissioner, be paid, without letters of administration, to the surviving spouse, children, or parents of the deceased, in the order of priority enumerated.
WV Code § 21A-6-17 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6. Employee Eligibility; Benefits|§21A-6-17. Food Stamp Overissuance Intercept of Unemployment Benefits

(a) Notwithstanding the provisions of section two, article ten of this chapter, the commissioner shall deduct and withhold from any unemployment compensation payable to an individual that owes an uncollected overissuance of food stamp coupons, as defined under subsection (f) of this section:(1) The amount, if any, determined pursuant to a written agreement between the individual and the Department of Health and Human Resources under Section 13(c)(3)(A) of the Food Stamp Act of 1977, as codified in 7 U.S.C. 2022(c)(3)(A), and submitted to the commissioner; or(2) Any amount otherwise required to be deducted and withheld from such unemployment compensation pursuant to legal process, as that term is used in Section 13(c)(3)(B) of the Food Stamp Act of 1977, as codified in 7 U.S.C. 2022(c)(3)(B) properly served upon the commissioner.(b) Any amount deducted and withheld under subsection (a) of this section shall be paid by the commissioner to the Department of Health and Human Resources.(c) Any amount deducted and withheld under subsection (a) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the Department of Health and Human Resources in satisfaction of the individual's uncollected overissuance.(d) For purposes of this section, the term "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.(e) This section applies only if appropriate arrangements have been made for reimbursement by the Department of Health and Human Resources for the administrative costs incurred by the commissioner under this section which are attributable to uncollected overissuance being enforced by the state or Department of Health and Human Resources.(f) The term "uncollected overissuance" means, for purposes of this section, obligations which are being enforced pursuant to a plan described in Section 13(c)(1) of the Food Stamp Act of 1977, as codified in 7 U.S.C. 2022(c)(1).
WV Code § 21A-6A-2 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6A. Extended Benefits Program|§21A-6A-2. Effect of State Law Provisions Relating to Regular Benefits on Claims For, and Payment Of, Extended Benefits

Except when the result would be inconsistent with the other provisions of this article, as provided in the regulations of the commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
WV Code § 21A-6A-3 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6A. Extended Benefits Program|§21A-6A-3. Eligibility Requirements for Extended Benefits

An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the commissioner finds that with respect to such week:(1) He is an "exhaustee" as defined in subdivision ten, section one of this article,(2) He has satisfied the eligibility requirements of this chapter for the receipt of regular benefits which are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits.
WV Code § 21A-6A-4 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6A. Extended Benefits Program|§21A-6A-4. Weekly Extended Benefit Amount

The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year: Provided, That for any week during a period in which federal payments to states under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. Such reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the nearest lower full dollar amount.
WV Code § 21A-6A-5 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6A. Extended Benefits Program|§21A-6A-5. Total Extended Benefit Amount

The total extended benefit amount payable to an eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts:(1) Fifty percent of the total amount of regular benefits which were payable to him or her under this chapter in his or her applicable benefit year;(2) Thirteen times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year: Provided, That an individual filing for extended benefits through the interstate benefit payment plan and residing in a state where an extended benefit period is not in effect shall be limited to payment for only the first two weeks of such extended benefits: Provided, however, That during any fiscal year in which federal payments to states under section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the total extended benefit amount payable to an individual with respect to his or her applicable benefit year shall be reduced by an amount equal to the aggregate of the reductions under section four, article six-a of this chapter in the weekly amounts paid to the individual.(3)(A) For weeks beginning in a high unemployment period, subdivision (1) of this section shall be applied by substituting "eighty percent" for "fifty percent" and subdivision (2) of this section shall be applied by substituting "twenty" for "thirteen."(B) For the purposes of this article, the term "high unemployment period" means any period during which the provisions of subdivision (3), section one of this article would result in a "state >on' indicator" if subdivision (3), section one of this article were applied by substituting "eight percent" for "six and one-half percent."
WV Code § 21A-6A-6 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6A. Extended Benefits Program|§21A-6A-6. Beginning and Termination of Extended Benefit Period

(1) Whenever an extended benefit period is to become effective in this state, or in all states, as a result of a state or a national "on" indicator, or an extended benefit period is to be terminated in this state as a result of a state "off" indicator or state and national "off" indicators, the commissioner shall make an appropriate public announcement.(2) Computations required by the provisions of subdivision (5), section one of this article shall be made by the commissioner, in accordance with regulations prescribed by the United States Secretary of Labor.(3) Whenever, during a period when emergency unemployment compensation benefits are being paid under the provisions of the Emergency Unemployment Compensation Act of 1991, as amended, or under any subsequent extension or reenactment thereof, the state "on" indicator as defined in subdivisions (2) or (3) of section one of this article triggers on a period of extended benefits, the Governor of this state may elect to not implement the state statutory provision and continue the payment of benefits under the Emergency Unemployment Compensation Act of 1991, as amended, to those individuals who have exhausted their entitlement to regular unemployment compensation under state law.
WV Code § 21A-6A-7 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6A. Extended Benefits Program|§21A-6A-7. Effective Date of Article

The provisions of this article shall be applicable to compensable weeks beginning on or after February 7, 1971, determined in accordance with the provisions of this article on the basis of a state "on" indicator which occurred prior to said February seven, as determined by the commissioner.
WV Code § 21A-6B-1 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6B. Short Time Compensation Program|§21A-6B-1. Definitions:

As used in this article, unless the context requires a different meaning: "Affected unit" means a specific plant, department, shift, or other definable unit of an employing unit that has at least two employees to which an approved short-time compensation plan applies. "Commissioner" means the Workforce West Virginia Commissioner, formerly known as the Bureau of Employment Programs Commissioner, as defined in 21A-1A-12 of this code."Exhaustee" has the same meaning as defined in 21A-6A-1 of this code."Health and retirement benefits" means employer-provided health benefits and retirement benefits under a defined benefit pension plan as defined in 26 U.S.C. 414(j) or contributions under a defined contribution plan as defined in 26 U.S.C. 414(i) that are incidents of employment in addition to the cash remuneration earned. "Program" means the short-time compensation program established pursuant to this article. "Short-time compensation" means the unemployment benefits payable to employees in an affected unit under an approved short-time compensation plan, as distinguished from the unemployment benefits otherwise payable under the unemployment benefits provisions of this chapter. "Work sharing plan" or "plan" means a plan submitted by an employer to the commissioner for approval to participate in the program.
WV Code § 21A-6B-3 (2021)
2021 West Virginia Code|Chapter 21A. Unemployment Compensation|Article 6B. Short Time Compensation Program|§21A-6B-3. Approval and Disapproval of Plan

The commissioner shall approve or disapprove a work sharing plan in writing within 10 business days of its receipt and promptly communicate the decision to the employer. A decision disapproving the plan shall clearly identify the reasons for the disapproval. If a plan is disapproved, the employer may submit a different work sharing plan for approval.