W. Va. Code » §2-2-1. Legal holidays; official acts or court proceedings.
West Virginia Code

W. Va. Code § 2-2-1 (2026)

Legal holidays; official acts or court proceedings

✓ current as of May 2026
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ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION OF STATUTES; DEFINITIONS.

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

(a) The following days are legal holidays:

(1) January 1 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) June 20 is "West Virginia Day";

(6) July 4 is "Independence Day";

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

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

(9) November 11 is "Veterans' Day";

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

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

(12) December 25 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 §2-2-1a(b) of this code; and

(15) Any day proclaimed or ordered by the Governor 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 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 or as days of local significance pursuant to §2-2-2 of this code 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 §18A-5-2 of this code.

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 1984–2026 · leading case: Pullano v. City of Bluefield, 342 S.E.2d 164 (W. Va. 1986).
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Pullano v. City of Bluefield, 342 S.E.2d 164 (W. Va. 1986). · cites it 30× “Did the city of Bluefield correctly calculate overtime pay for its firefighters? The circuit court held that the nonworking days for State employees recommended by the governor in various executive memo-randa did not constitute legal holidays under W.Va.Code, 2-2-1 (1980).…”
State ex rel. McDowell Cnty. Corr. Officers' Ass'n v. Yeager, 387 S.E.2d 837 (W. Va. 1989). · cites it 36× “WORKMAN, Justice: This case is before the Court upon the appeal of Earl Yeager, Sheriff of McDowell County, from a September 29,1988, amended order of the Circuit Court of McDowell County which granted a writ of mandamus directing that the personnel 1 at the McDowell County Jail…”
State Ex Rel. Morgan v. Miller, 350 S.E.2d 724 (W. Va. 1986). · cites it 10× “Instead, the clerk’s office was closed on December 31, 1984, pursuant to an improper order of the County Commission of Kanawha County.”
Mitchell v. City of Wheeling, 502 S.E.2d 182 (W. Va. 1998). · cites it 5× “We held in Pullano : When a governor intends to appoint or recommend an additional legal holiday applicable to all the citizens in this State pursuant to W.Va.Code, 2-2-1, he must make such intent clear in the order or proclamation by either citing W.”
In Re Dostert, 324 S.E.2d 402 (W. Va. 1984). “), the per diem rate of compensation for special judges has progressively increased. See 1973 W.Va. Acts ch.”
Capitol City Lodge No. 74 v. City of Charleston, 375 S.E.2d 791 (W. Va. 1988). · cites it 13× “, Governor of the State of West Virginia, issued a memorandum pursuant to W.Va.Code, 2-2-1 (1980), 1 to “all department heads” granting all State employees, except Alcohol Beverage Control Commission store employees, additional holidays as follows: Wednesday, December 24, 1986,…”
Postlewait v. City of Wheeling, 743 S.E.2d 309 (W. Va. 2012). “Rule 6(a) designates Lincoln’s Birthday and Washington’s Birthday as legal holidays, but W.Va.Code, 2-2-1 (a)(3) designates only “Presidents’ Day’’ as a holiday.”
McKibben v. E. Hosp. Mgmt., Inc., 288 F. Supp. 2d 723 (N.D.W. Va. 2003). · cites it 2× “1 See W. Va.Code §§ 2-2-1, -2(a). Nonetheless, the McKibbens did not file their complaint until February 19, 2003.”
WV Nat'l Auto Ins. Co. v. Danny J. Dobbins & Jackie L. Dobbins (2024). · cites it 11× “within [twenty-four] actual hours[]” following the underlying accident.”
State of West Virginia v. Larry Glenn Wooten (Separate Included) (W. Va. 2025). · cites it 4× “Nonetheless, the court agreed with the State’s argument that notification to the petitioner was timely pursuant to West Virginia Code section 2-2-1(d) (2022), which provides in relevant part that [i]n computing any period of time prescribed by any applicable provision of this…”
Vonda M. v. Pamela M. (2024). · cites it 3× “The Supreme Court of Appeals has held that “[t]he term ‘legal holiday’ in Rule 6(a) of the West Virginia Rules of Civil Procedure [1998] includes those legal holidays designated by the Legislature in W. Va. Code, 2-2-1 [2006].” Syl. Pt. 2, Postlewait v.”
Russell W. Vannest v. Cox Energy Indus. Coatings & Cleaning, LLC, & Scott A. Adkins, in his Off. capacity as Acting Comm'r of WorkForce West Virginia (2025). · cites it 3× “]” Moreover, West Virginia Code § 2-2-1(d) (2006) provides: 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…”
Show all 15 citing cases →
— W. Va. Code § 2-2-1(b) — 1 case
Jane Ellen Stover v. W. Va. Div. of Corr., etc. (W. Va. 2013).
— W. Va. Code § 2-2-1(d) — 2 cases
State of West Virginia v. Larry Glenn Wooten (Separate Included) (W. Va. 2025). “Nonetheless, the court agreed with the State’s argument that notification to the petitioner was timely pursuant to West Virginia Code section 2-2-1(d) (2022), which provides in relevant part that [i]n computing any period of time prescribed by any applicable provision of this…”
Russell W. Vannest v. Cox Energy Indus. Coatings & Cleaning, LLC, & Scott A. Adkins, in his Off. capacity as Acting Comm'r of WorkForce West Virginia (2025). “]” Moreover, West Virginia Code § 2-2-1(d) (2006) provides: 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…”
— W. Va. Code § 2-2-1(e) — 2 cases
WV Nat'l Auto Ins. Co. v. Danny J. Dobbins & Jackie L. Dobbins (2024). “within [twenty-four] actual hours[]” following the underlying accident.”
Danny J. Dobbins & Jackie L. Dobbins v. West Virginia Nat'l Auto Ins. Co. (W. Va. 2026).
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