Kara Sears
The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid leave for specific reasons. In addition to the federal FMLA, employees in Wisconsin are also protected by the Wisconsin Family and Medical Leave Act (WFMLA). This state law provides eligible employees with up to 8 weeks of unpaid, job-protected leave per year for medical and familial reasons. This includes up to 6 weeks for the birth or adoption of a child, 2 weeks to care for a spouse, domestic partner, parent, or child with a serious health condition, and 2 weeks for the employee's own serious health condition.
| Characteristics | Values |
|---|---|
| Maximum unpaid leave for an employee's serious health condition | 2 weeks |
| Maximum unpaid leave for the serious health condition of a parent, child or spouse | 2 weeks |
| Maximum unpaid leave for the birth or adoption of a child | 6 weeks |
| Maximum unpaid leave for care of a service member with a serious injury or illness | 8 weeks |
| Maximum unpaid leave for military caregiver leave | 26 weeks |
| Maximum unpaid leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies | 12 weeks |
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What You'll Learn
Eligibility for unpaid FMLA in Wisconsin
In Wisconsin, the Family and Medical Leave Act (FMLA) provides unpaid leave for eligible employees with a serious health condition, or to care for a family member with a serious health condition, for the birth or adoption of a child, or for the preparation of a family member's military service.
To be eligible for unpaid FMLA in Wisconsin, an employee must have worked for the employer for at least 52 consecutive weeks and for at least 1,000 hours in the preceding 52-week period. The employer must also have had at least 50 permanent employees during at least six of the last 12 months.
Eligible employees can take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This includes up to two weeks for the employee's own serious health condition and up to two weeks for the serious health condition of a parent, child, spouse, domestic partner, or parent-in-law. Employees may take up to six weeks for the birth or adoption of a child. This leave may be taken in blocks or intermittently as needed. During the leave, the employee's health insurance must be continued under the same conditions as prior to the leave. The employee may substitute accrued paid or unpaid leave of any other type the employer provides.
Employees may take up to 26 weeks of leave in a single 12-month period for military caregiver leave. This is a per-injury, per-service member entitlement. Employees are entitled to continue their health insurance while on leave, paying the same cost as they would while working.
Upon returning from leave, employees must be restored to the same position or an equivalent position with the same terms and conditions of employment. Employers may require employees to provide medical certification of the need for leave and to make requests for planned leave in advance in a reasonable and practicable manner.
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Amount of unpaid leave for personal health issues
Under the Wisconsin Family and Medical Leave Act (FMLA), eligible employees can take up to two weeks of unpaid leave in a calendar year for their own serious health condition. This is further supported by the federal FMLA, which allows employees to take up to 12 weeks of unpaid leave in a 12-month period for a serious health condition.
The Wisconsin FMLA defines a "serious health condition" as a disabling physical or mental illness, injury, impairment, or condition that requires inpatient or outpatient care and continuing treatment or supervision by a healthcare provider. This can include situations where an employee's ability to perform their job duties is impacted by their health condition.
The amount of unpaid leave available for personal health issues under the Wisconsin FMLA is up to two weeks in a calendar year. This leave can be taken as needed, either in blocks or intermittently, depending on the employee's preferences and requirements. During this time, the employee's health insurance coverage must be maintained under the same conditions as before the leave.
It is important to note that the federal FMLA and Wisconsin FMLA run concurrently, and employees are entitled to the protections provided by the more favourable terms of either law. In some cases, employers may have more generous policies than what is legally required. Additionally, employers with 50 or more employees must post notices outlining their policies for family and medical leave.
To take advantage of unpaid leave for personal health issues under the Wisconsin FMLA, employees must meet certain eligibility criteria. These typically include having worked for the same employer for at least 52 consecutive weeks and for at least 1,000 hours in the preceding 52-week period.
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Unpaid leave for family health issues
In Wisconsin, employees are entitled to take unpaid leave for their own serious health condition, or that of a family member. This is thanks to the Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees.
Under Wisconsin law, a serious health condition is defined as a disabling physical or mental illness, injury, impairment, or condition that requires inpatient or outpatient care, as well as continuing treatment or supervision by a healthcare provider.
Employees can take up to two weeks of unpaid leave in a calendar year for their own serious health condition. For the serious health condition of a family member, employees are entitled to up to two weeks of unpaid leave in a calendar year. This includes a child, spouse, domestic partner, parent, or parent-in-law.
Additionally, employees can take up to six weeks of unpaid leave in a calendar year for the birth or adoption of a child. This can be extended by another two weeks in a calendar year if the employee needs to care for a family member with a serious health condition.
The FMLA protects employees' rights to take unpaid leave for family health issues. Employers are prohibited from interfering with or restraining an employee's right to take leave. Employees who take FMLA leave are also protected from adverse actions, such as discipline, penalties, or dismissal.
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Unpaid leave for a new child
In Wisconsin, the Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for certain reasons, including the birth or adoption of a child. Under the FMLA, employees can take up to 12 weeks of unpaid leave in a 12-month period for bonding with a new child. This leave can be taken intermittently as needed by the employee, and they are entitled to continue their health insurance coverage while on leave.
To be eligible for FMLA leave in Wisconsin, employees must work for an employer with at least 50 permanent employees and have worked for that employer for at least 52 consecutive weeks, completing at least 1,000 hours in the preceding 52-week period. Additionally, employees must provide medical certification confirming the serious health condition of the child or themselves, the date the condition commenced, and its probable duration. Employees should also give their employer advance notice of leave for an expected birth or adoption whenever possible.
Upon returning from FMLA leave, employees have the right to be reinstated to their previous position or an equivalent role with the same terms and conditions of employment. Employers are prohibited from discriminating or retaliating against employees for taking leave and must provide notice of their employees' rights under the FMLA.
It is important to note that Wisconsin's FMLA leave runs concurrently with federal FMLA leave, and employees are entitled to the protections of whichever law provides the most favourable terms. In some cases, employees may be covered by both laws and can utilise the provisions that best benefit them.
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Military caregiver leave
Under the Wisconsin Family and Medical Leave Act (FMLA), eligible employees can take unpaid leave for several reasons. Employees can take up to 12 weeks of leave in a 12-month period for serious health conditions, bonding with a new child, or preparation for a family member's military service.
In addition, employees who need to care for a family member who was seriously injured while on active military duty may take up to 26 weeks of leave in a single 12-month period. This is known as military caregiver leave and is a per-injury, per-service member entitlement. This means that unless the same family member is injured again or another family member is injured during active duty, no additional leave can be taken for this purpose.
During the leave period, employees are entitled to continue their health insurance coverage at the same cost as when they were working. While FMLA leave is typically unpaid, employees may be allowed or required to use their accrued paid leave during this time. Employees who take FMLA leave are also entitled to be reinstated to their previous position or an equivalent role upon their return.
It is important to note that eligibility requirements must be met for both federal and state laws, and the leave counts against the employee's entitlement under both laws. If an employee qualifies for leave under only one law, their leave usage will count against their entitlement under that specific law. The more favourable terms of either the federal or state law will be applied to protect the employee.
Additionally, employees who are members of the reserves or the Wisconsin National Guard may be eligible for military leave benefits, including an annual 30-day military leave or a 4-year benefit if called to active duty from the reserves. During this time, they may receive differential pay, which is the difference between their UW System pay and their military base pay, including housing allowance. If their military pay exceeds their UW System pay, they can opt for unpaid military leave or use paid leave options, excluding sick leave.
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Frequently asked questions
You can take up to 2 weeks of unpaid leave in a calendar year for your own serious health condition.
You can take up to 2 weeks of unpaid leave in a calendar year to care for a family member with a serious health condition.
You can take up to 6 weeks of unpaid leave in a calendar year for the birth or adoption of a child.
