The provisions of the Family and Medical Leave Act

Wisconsin residents may know that the Family and Medical Leave Act of 1993 entitles most employees working for companies with 50 or more workers to take job-protected time off work when they or a close family member becomes sick. However, the provisions of the FMLA do not cover all illnesses or injuries, and medical conditions must meet at least one of six conditions for the law to apply.

The FMLA covers any illness, injury or mental condition that necessitates inpatient care at medical facilities like hospitals and hospices. Conditions that do not involve an overnight hospital stay but last for three days or more would also be covered by the law provided that the individual concerned visited a doctor within a week of becoming sick and made two or more visits to a physician during the first 30 days of their illness, incapacity or injury.

Incapacitation caused by pregnancy and chronic illnesses that require periodic care are covered by the FMLA, and the law defines periodic as two or more visits to a care provider each year. Chronic illnesses need not be continuous to be covered by the law, and episodic conditions such as diabetes and asthma would fall under its provisions as would permanent or long-term ailments that require regular supervision from a health care provider. Injuries or conditions that necessitate multiple treatments, such as restorative surgery involving several procedures, also fall under the FMLA.

Experience employment law attorneys may advocate on behalf of workers who have been denied medical leave that they are entitled to under the FMLA. Attorneys may also take legal action against employers on behalf of workers who have been fired after taking leave that they were entitled to.

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