Employment Law Questions? Ask an Employment Lawyer.
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In WV there is no law mandating that employers provide paid leave, and the law allows the employer to essentially draft their own policies for use of the accrued time off is they do decide to provide it. An employer may implement a “use-it-or-lose-it” policy ( i.e. that if you don't use the time off by a certain date you lose it requiring employees to use their leave by a set date or lose it), so long as the employee has agreed to the policy in writing; usually via an employee handbook. See Meadows v. Wal-Mart Stores, Inc., 207 W. Va. 203, 530 S.E.2d 676 (WV Sup. Ct. 1999).
Thus, to answer your question - this could be legal provided the employer provided you notice of the policy and you signed off on it; you may have done this at hiring. You'll need to review your manual. If it's not in the manual you have a claim for that time off, and if the employer refuses you can file a complaint with the WV Dept of Labor http://www.wvlabor.com/newwebsite/Pages/Wage_Hour_wage_collection_employees.html
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