Wisconsin FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act does not take the place of other sources of leave, including Wisconsin's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.

Wisconsin's FMLA And Other Leave Laws

In addition to the Family & Medical Leave Act, Wisconsin offers the Wisconsin Family And Medical Leave Act, which provides unpaid leave for an employee's serious health condition, the serious health condition of a parent, child or spouse, or for the birth or adoption of a child.

Under Wisconsin law, a serious health condition is a disabling physical or mental illness, injury, impairment, or condition involving inpatient care or outpatient care that requires continuing treatment or supervision by a health care provider.

What is required of employers?

• An employer must permit the employee to take up to 2 weeks of leave for their own serious health condition in a calendar year, up to 2 weeks for the serious health condition of a parent, child or spouse, and up to 6 weeks for the birth or adoption of a child. This leave may be taken as needed in blocks or intermittently as needed by the employee
• During the leave, the employee's health insurance must be continued under the same conditions as prior to leave
• The employee must be allowed to substitute accrued paid or unpaid leave of any other type the employer provides
• When an employee returns from leave, they must be restored to the same position or an equivalent position in all terms and conditions of employment

What is required of employees?

• An employer may require an employee to provide medical certification of the need for leave
• The employee must make requests for planned leave in advance in a reasonable and practicable manner whenever possible

Go to https://dwd.wisconsin.gov/er/civilrights/fmla for more information on this law.

How To Determine Whether FMLA Guidelines Or State Guidelines Apply In Wisconsin

Here are some guidelines if your organization is subject to both FMLA and Wisconsin leave law:

• If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
• If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
• If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee

Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For Wisconsin's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Here is just some of what you will learn from our FMLA training classes:

• FMLA rules on who is covered - and why
• Employer posting requirements
• Intermittent FMLA leave guidelines
• Notification rules and requirements
• Tracking leave, including tips for FMLA intermittent leave
• How to identify patterns, trends, and leave abuse history
• The most common abuses of FMLA
• What needs to be included in your FMLA and ADA policies

Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.

• Certificate Program In FMLA, ADA, Compliance
• FMLA Training & Certification Program
• How To Identify And Investigate FMLA Abuse
• Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program

To find other FMLA training courses, use the search box below.