FMLA and ADA leave

Workers in Wisconsin may have the right to take leave from work through the Family and Medical Leave Act or the Americans with Disability Act. Employers whose companies fall under FMLA as well as those with workers who have conditions covered by the ADA are subject to the leave rules.

The FMLA provides covered employees who are ill to take up to 12 weeks off from work unpaid. Covered employees may also take 12 weeks if they need to care for an ill family member. The leave is capped at 12 weeks in a 12-month period. If a person receives temporary disability pay through a disability policy, employers are allowed to count that time as part of the FMLA leave. Workers are allowed to substitute paid time off for the unpaid leave if they have accrued hours to take.

Workers who suffer from a health condition that is deemed serious under the Americans with Disabilities Act do not have a cap on the amount of leave time. The employer must make reasonable accommodations, which can mean varied amounts of leave may be offered.

The Family and Medical Leave Act was passed by Congress to provide important protections to workers and their families. The law is intended to prevent people from being fired from their jobs simply for taking medical leave to care for themselves or for their family members. A worker who is terminated as a result of taking FMLA leave may want to meet with an employment law attorney in order to learn the legal remedies that may be available.


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