Eligible employees entitled to leave under federal and state laws

According to the United States Department of Labor, employees in Wisconsin are offered certain amounts family and medical leave under both state and federal law. These guidelines provide protection for workers who meet the eligibility standards, which is based on the amount of time that the employee has spent working for the employer and the size of the employer, which is defined by the number of workers that it employs.

In Wisconsin, eligible employees are offered leave for a number of reasons, including serious health conditions affecting the employee or the employee’s immediate family member. A serious health condition is defined as a disabling condition that requires treatment or supervision by a health care provider. Family leave may also be granted if the employee gives birth or adopts a child. Employees are allowed six weeks of leave for birth or adoption and two weeks of leave for health-related issues.

In many cases, employees may be required to personally take certain steps before leave is granted. For example, state law allows the employer to require the employee to request leave reasonably in advance, and if the leave involves a planned medical treatment, the employee might need to schedule the treatment in a way that does not unnecessarily disrupt the employer’s ability to operate. Employers can also require proof of a serious health condition before leave is granted.

The Family and Medical Leave Act and Wisconsin statutes regarding labor provide protections to employees. However, in some cases, employers might refuse to offer their workers the mandated amount of leave made available by law. If this occurs, an employee might be able to pursue compensation for damages by filing an action in civil court.

Source: United States Department of Labor, “Wage and Hour Division (WHD),” July 11, 2014


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