Under the Family Medical Leave Act, qualified employees in Wisconsin may take unpaid leave in certain situations. Employers are not allowed to take any action that may abridge, deny or otherwise make it not possible for an employee to take leave if they are eligible to do so. Furthermore, employers are not allowed to take any type of retaliatory action against any employee who exercises his or her rights under the act.
In Wisconsin, it is illegal to fire or withhold benefits from an employee due to a pregnancy. The federal Pregnancy Discrimination Act also forbids an employer from discriminating against a pregnant employee in regards to pay, job assignments or training opportunities. If an employee is unable to perform job duties temporarily due to a pregnancy, the employer is obligated to treat that employee like any other temporarily disabled employee.
Records for Milwaukee County indicate that approximately 20 percent of its employees used the Family Medical Leave Act to take time off during 2013. The law enables employees to take unpaid leave for issues such as the birth or adoption of a child or caring for an ill family member without negative job consequences. While this ensures job protection for the individual who needs extended time off for such reasons, his or her employer may have trouble with filling the position during the absence.
Many employers violate the Family Medical Leave Act. No employee should fear for their job after going on extended leave. The Wisconsin Family and Medical Leave Act mandates that covered employers offer as many as eight weeks of unpaid leave without jeopardizing the job status of eligible employees for various family and individual medical situations. Recently, Senator Kirsten Gillibrand (D-N.Y.) has planned to propose new legislation that will amend the FMLA to ensure that employees ' family and medical leave rights are better preserved.
Most people in Wisconsin are probably unaware that yesterday marked a very important anniversary in employment law history. On Feb. 5, 1993, the Family Medical Leave Act was enacted to strengthen families and employment rights by allowing workers to take job-protected leaves to give birth or adopt a child, or deal with a serious illness or that of a family member. As some people may recall, prior to the FMLA, people often lost their jobs when these family events occurred.
Many Wisconsin employers are obligated by law to provide employees with 12-weeks of unpaid, job-protected leave for certain family and medical reasons. While people tend to associate the Family Medical Leave Act with maternity leave, it also applies to employees who have serious health conditions that make them unable to work, and to employees who must care for a very ill spouse or child.
In Wisconsin, and throughout the country, workers are far too often denied the employment benefits that they have been promised. For example, often long-term disability benefits claims will be denied for very questionable reasons. When this happens, it is possible to stand up to fight for one's rights, but it can be quite complicated to determine which company is responsible for the error--as the employer, insurer and plan sponsor might all be separate companies.
Under the Family Medical Leave Act, employees may take unpaid and job-protected leave for 12 weeks for the birth, adoption or foster care of a child; to deal with a serious health condition; or to care for a spouse, child or parent who has a serious health condition. There are also further opportunities to take leave for members of the military and their immediate family members.
When you get sick, you probably want to take time off from work in order to recover faster and prevent your sickness from spreading. When it comes to a family member who gets sick especially children you want to help them do the same. The Family and Medical Leave Act allows eligible workers to take unpaid time off when sick. Some places are expanding the rights of sick workers even further.
Employees who work at small companies may sometimes fall outside of federal labor law protection. The story of one accountant who worked at a small company fell outside of the protections of the Family and Medical Leave Act. Unfortunately, the accountant and husband was fired from his position when he told his employer that his wife had cancer and that he would like to adjust his hours accordingly.