How FMLA guidelines impact Wisconsin employees

The Family and Medical Leave Act enables workers who are dealing with health issues to leave work as necessary. This act may also apply to workers who need to leave work to deal with health issues of family members. Both the federal government and the state of Wisconsin have their own versions of the FMLA. While many provisions are the same in both cases, the state version differs from the federal version in some respects.

The federal legislation covers those who work for employers with more than 50 employees for at least 20 weeks in a year. Wisconsin provides coverage for those who work for companies with 50 permanent employees in six of the past 12 calendar months. Federal law allows for 12 weeks of leave per year while the state law allows for six weeks of leave after giving birth.

It also allows for two weeks to deal with a serious health issue as well as two weeks to care for a child. Leave may be substituted in some cases and intermittent leave may also be allowed. Employees are allowed to be reinstated to their current position when they return. Employers must continue to provide employer provided health insurance benefits while the employee is away from work.

Federal and state guidelines protect workers who must leave work due to personal health issues or health issues of a loved one. Those who feel as if they have been terminated or otherwise not been granted those rights may wish to talk to an employment law attorney who may be able to win compensation for the employee as well as possible reinstatement. It may also be possible to compel employers to follow other applicable guidelines under the Family and Medical Leave Act.

Source: The Wisconsin Department of Workforce Development, “Comparison of Federal and Wisconsin Family and Medical Leave Laws”, September 07, 2014


FindLaw Network