§2-2-1. Legal holidays; official acts or court proceedings


Published: 2015

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WEST VIRGINIA CODE











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WVC 2 - 2 - 1

§2-2-1. Legal holidays; official acts or court proceedings.

(a) The following days are legal holidays:

(1) The first day of January is "New Year's Day";

(2) The third Monday of January is "Martin Luther King's

Birthday";

(3) The third Monday of February is "Presidents' Day";

(4) The last Monday in May is "Memorial Day";

(5) The twentieth day of June is "West Virginia Day";

(6) The fourth day of July is "Independence Day";

(7) The first Monday of September is "Labor Day";

(8) The second Monday of October is "Columbus Day";

(9) The eleventh day of November is "Veterans' Day";

(10) The fourth Thursday of November is "Thanksgiving Day";

(11) The day after Thanksgiving Day is "Lincoln's Day";

(12) The twenty-fifth day of December is "Christmas Day";

(13) Any day on which a general, primary or special election

is held is a holiday throughout the state, a political subdivision

of the state, a district or an incorporated city, town or village

in which the election is conducted;

(14) General election day on even years shall be designated

Susan B. Anthony Day, in accordance with the provisions of

subsection (b), section one-a of this article; and

(15) Any day proclaimed or ordered by the Governor or the

President of the United States as a day of special observance or

Thanksgiving, or a day for the general cessation of business, is a holiday.

(b) If a holiday otherwise described in subsection (a) of this

section falls on a Sunday, then the following Monday is the legal

holiday. If a holiday otherwise described in subsection (a) of

this section falls on a Saturday, then the preceding Friday is the

legal holiday: Provided, That this subsection (b) shall not apply

to subdivisions (13), (14) and (15), subsection (a) of this

section.

(c) Any day or part thereof designated by the Governor as time

off, without charge against accrued annual leave, for state

employees statewide may also be time off for county employees if

the county commission elects to designate the day or part thereof

as time off, without charge against accrued annual leave for county

employees. Any entire or part statewide day off designated by the

Governor may, for all courts, be treated as if it were a legal

holiday.

(d) In computing any period of time prescribed by any

applicable provision of this code or any legislative rule or other

administrative rule or regulation promulgated pursuant to the

provisions of this code, the day of the act, event, default or

omission from which the applicable period begins to run is not

included. The last day of the period so computed is included,

unless it is a Saturday, a Sunday, a legal holiday or a designated

day off in which event the prescribed period of time runs until the

end of the next day that is not a Saturday, Sunday, legal holiday or designated day off.

(e) If any applicable provision of this code or any

legislative rule or other administrative rule or regulation

promulgated pursuant to the provisions of this code designates a

particular date on, before or after which an act, event, default or

omission is required or allowed to occur, and if the particular

date designated falls on a Saturday, Sunday, legal holiday or

designated day off, then the date on which the act, event, default

or omission is required or allowed to occur is the next day that is

not a Saturday, Sunday, legal holiday or designated day off.

(f) With regard to the courts of this state, the computation

of periods of time, the specific dates or days when an act, event,

default or omission is required or allowed to occur and the

relationship of those time periods and dates to Saturdays, Sundays,

legal holidays, or days designated as weather or other emergency

days pursuant to section two of this article are governed by rules

promulgated by the Supreme Court of Appeals.

(g) The provisions of this section do not increase or diminish

the legal school holidays provided in section two, article five,

chapter eighteen-a of this code.





Note: WV Code updated with legislation passed through the 2015 Regular Session

The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.