The Family and Medical Leave Act is the first and only federal law that addresses the balance between jobs and family that workers in Wisconsin and across the U.S. must maintain. The 12 weeks of unpaid leave guaranteed by the act has been used more than 200 million times since being passed. Reasons for taking leave vary, including recovering from a serious illness, caring for a loved one who is ill or receiving maternity or paternity leave.
Wisconsin truck drivers might be interested in a case in which Old Dominion Freight Line was found guilty of violating the American with Disabilities Act and ordered to pay one of its former drivers more than $100,000 in back pay. The Equal Employment Opportunity Commission sued the company on behalf of the employee after the driver was dismissed when he sought help for an alcohol problem in 2009. Under the Americans with Disability Act, alcoholism is considered a disability. Employers are required to make reasonable accommodations for disabled employees.
Wisconsin employees may be interested in information about how the federal and state laws governing medical and family leave differ. Depending on the strength of each law in a particular area, different provisions could apply. Any time a Wisconsin state family and medical leave law provides greater protection than the federal law, an employer in Wisconsin must abide by the stronger state law. Employers who are covered by both state and federal lawmust continually comply with both. The requirement for employer coverage under Wisconsin law is that there must be at least 50 permanent employees over at least 6 months during the past year. The federal requirement is the same regarding the number of employees, but it must be for at least 20 weeks over the previous or current year.
Wisconsin employers are prohibited by state and federal law from discriminating against employees and prospective employees based on disability. Disability discrimination is covered by the Rehabilitation Act or the Wisconsin Fair Employment Act, as well as by the Americans with Disabilities Act.
The Fair Employment Law in Wisconsin prohibits employers from discriminating against an employee due to his or her disability. This law applies to almost all public and private companies regardless of how many employees it has. Furthermore, the federal Americans with Disabilities Act provides protection from disability discrimination to employees working for companies with more than 15 employees.
Wisconsin workplace pregnancy discrimination laws have the potential to be effected by a case that is headed for the U.S. Supreme Court. A woman's lawsuit against UPS for placing her on unpaid leave instead of putting her on light duty during her pregnancy will be heard by the court, according to reports.
In Wisconsin, it is illegal to fire or withhold benefits from an employee due to a pregnancy. The federal Pregnancy Discrimination Act also forbids an employer from discriminating against a pregnant employee in regards to pay, job assignments or training opportunities. If an employee is unable to perform job duties temporarily due to a pregnancy, the employer is obligated to treat that employee like any other temporarily disabled employee.
Wisconsin employers must abide by the Americans with Disabilities Act of 1990. This federal law states that reasonable accommodations must be made for employees or applicants who suffer from a disability. An employer may be exempt from this requirement if it would create an undue hardship for the company. Reasonable accommodations are defined as modifications to the workplace that enable an employee to do the job to the best of his or her abilities.
Both Wisconsin employees as well as those persons seeking a job in the state may be interested in the requirements placed on employers in order to be in compliance with the Americans with Disabilities Act. The law uses the term 'reasonable accommodation" when describing what an employer must do in order to facilitate someone with needs either applying for or performing a job.
Federal law prohibits employment discrimination based on a disability of an employee or job applicant. Disability discrimination is governed by the Americans with Disabilities Act. According to the protections offered by the act, employers may not treat a person less favorably because of a belief that he or she has a disability or a history of disability. Discrimination is prohibited with regard to pay rates, job assignments, hiring and firing decisions, promotions, layoffs, fringe benefits and other employment related matters.