Who is covered by the FMLA?

Some workers may find that they need to take time off under the Family and Medical Leave Act. There are certain requirements to be covered. If you live in Wisconsin, you need to know who qualifies for this leave.

Understanding the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal law that allows employees to take time off when dealing with a serious health condition. That condition can be their own or that of a family member such as a parent, spouse or child they will be caring for while out of work. It also allows an employee to take time off to prepare for the birth or adoption of a child.

A serious health condition is considered any type of disabling physical or mental illness, impairment or injury that requires inpatient or outpatient care with continuous treatment while under the supervision of a doctor or other healthcare provider. This includes substance use disorder.

The state has its own version of the FMLA, the Family Medical Act (FMA). Within a 12-month period, eligible workers can take off 6 weeks for the birth or adoption of a child, two weeks for a serious health condition of a family member or two weeks for their own serious health condition.

Criteria for employee qualification for the FMLA

In Wisconsin, an employee can qualify for leave under the FMLA if they have performed at least 1,000 hours of work and paid leave for their employer within the prior 52 weeks. They must have also worked for their current employer for 52 consecutive weeks.

The state’s law is different from the federal FMLA as the former runs on a calendar year basis. However, employees who are covered under both state and federal leave can apply for remaining leave under the federal FMLA if they require more time off from work.

While an employee is out on FMLA leave, their employer should ensure that their job is still available upon their return or must instate them to a new, comparable position.

If you live in Wisconsin and need legal assistance after taking time off under the FMLA, contact Alan C. Olson & Associates at your earliest convenience.


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