Qualifying for the Family and Medical Leave Act

The Family and Medical Leave Act was designed to provide qualified employees with a way to take unpaid leave, for family or medical reasons, without the fear that they would lose their job. Though this is a fantastic program that benefits many workers in Wisconsin, it is important to learn the facts about the FMLA and discover if you are eligible to take part in this program if you were to find yourself in need.

Employers who are covered under the Family and Medical Leave Act are required to meet specific criteria. This includes meeting one of the following conditions: being a private sector employer with greater than 50 employees who work a minimum of 20 weeks per calendar year, any public agency on the local, state or federal level, regardless of the number of employees and any public or private elementary or secondary school, despite the number of employees. 

In addition to working for a covered employer, those who are eligible for FMLA benefits must have worked for their employer for a minimum of a single calendar year and logged at least 1,250 hours of work. Some exceptions do apply. It is important to note that the time of employment is not required to be a consecutive 12 months.

Those who are eligible may receive a maximum of 12 weeks of unpaid leave during specified events or medical situations. Some may take 26 weeks of leave in the event of a serious medical emergency or illness involving themselves or a family member. If you are unsure if you qualify, or you faced retaliation due to taking leave, it may be beneficial to speak with an employment law attorney. 


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