Family Medical Leave Act

FMLA is intended to promote the stability and economic security of families, as well as the nation’s interest in preserving the integrity of families.

Employee eligibility requirements:

• Federal FMLA: Employee has worked for employer at least 1,250 hours in preceding 12 months; employed for at least 12 months; and employed at worksite by employer with 50 or more employees within 75 miles of worksite.
• Wisconsin FMLA: Employee has worked for employer at least 52 consecutive weeks and for at least 1,000 hours in preceding 52 week period.

FMLA leave may be taken by eligible employees:

• For the birth or placement of a child for adoption or foster care.
• To care for a spouse, son, daughter or parent with a serious health condition* for up to two (2) weeks in a calendar year.
• Due to employee’s own serious health condition* for up to two (2) weeks in a calendar year.
• Due to a qualifying reason arising out of the covered active duty status of a military member who is the employee’s spouse, son, daughter or parent (qualifying exigency leave).
• To care for a covered service member with a serious injury or illness when the employee is the spouse, son, daughter, parent or next of kin of the covered service member (military caregiver leave).

*Serious health condition is considered an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

Accommodations due to pregnancy:

• An employer is required to treat an employee unable to perform her job because of her pregnancy in the same manner as it treats other temporarily disabled employees. Examples include: providing modified tasks, alternative assignments, disability leave or leave without pay.
• The employer should provide the same benefits to employees disabled by pregnancy as it provides to other temporarily disabled persons.

Leave for birth or adoption of a child:

• Both the mother and father are entitled to FMLA leave for the birth or placement of a child and/or to be with the healthy child after the birth or placement.
  • Under Wisconsin law, an eligible employee is entitled to up to six weeks of unpaid leave within 16 weeks before or after the birth or adoption.
  • Under federal law, an eligible employee may take up to 12 weeks of leave for the birth or placement for adoption provided the leave concludes no later than 12 months after the birth or placement.

For more information, visit: Wisconsin Fair Employment Law, Wisconsin FMLA or federal FMLA