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Family and Medical Leave Act Archives

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.

FMLA leave and retaliation

Employees in Wisconsin who take leave under the Family and Medical Leave Act should be aware that while they are protected for taking leave, their employers can still discipline them for unrelated reasons. This happened with one woman who was a supervisor. While she was on FMLA leave, some of the people who worked for her complained to management that she spent so much time online that she was unavailable to them.

The importance of understanding FMLA in Wisconsin

A recent case involving a nurse with debilitating migraine headaches shows how important it is that individuals understand how the Federal Medical Leave Act, or FMLA, works. The woman in question was suffering from headaches so severe that it prevented her from doing her job. After her employer, a hospital, noticed the amount of time she was taking off work, they suggested that she go on intermittent FMLA leave.

Medical leave and termination in Wisconsin

A federal court upheld a decision made by Accentia Health to discharge an employee for posts made to his Facebook account while on leave. The man had been granted 12 weeks of FMLA leave plus 30 days of non-FMLA leave after undergoing shoulder surgery. While on leave, the man had posted pictures of himself swimming in the ocean despite his apparent injury. Fellow employees reported the postings to management.

FMLA calculation may be missing from employers' policies

Most Wisconsin employees have a certain amount of FMLA leave that they may use in a 12-month period. However, there have been cases where the way that employers calculated remaining FMLA leave was not specified in the policy. The Illinois Department of Corrections, for example, fired an employee after claiming that he had too many unexcused absences even though he asked that those absences count as FMLA leave.

Employees can be fired while on medical leave in some cases

Employees in Wisconsin are entitled to take unpaid leave from their jobs if they have a health condition that makes them unable to work. According to the Family and Medical Leave Act, an employee can take an unpaid leave for up to 12 weeks a year. When an employee is planning to take medical leave or on medical leave, their employer is legally barred from preventing them from taking medical leave or punishing them for taking medical leave.

Understanding the Family and Medical Leave Act

Under the Family and Medical Leave Act, eligible employees are allowed to take up to 12 weeks of unpaid leave during a 12-month period for, among other reasons, health issues. However, employers may wonder if they are obligated to keep the employee in his or her job, especially if the employee was about to be terminated. Wisconsin employers who have questions regarding FMLA may be interested in reading about a recent ruling on this issue by the U.S. Court of Appeals for the 10th Circuit.

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.

Emojis can be evidence in workplace discrimination complaints

A great number of Wisconsin employers engage in electronic communication with their employees. Emails and text messages are convenient and can provide documentation of past communications if it needed in the future. Oftentimes, people use emojis in their digital messages to save time, get laughs or communicate their thoughts more accurately. Although these tiny pictures are fun to use, they can cause big legal problems if an employee files a complaint.

Emojis can be evidence in workplace discrimination complaints

A great number of Wisconsin employers engage in electronic communication with their employees. Emails and text messages are convenient and can provide documentation of past communications if it needed in the future. Oftentimes, people use emojis in their digital messages to save time, get laughs or communicate their thoughts more accurately. Although these tiny pictures are fun to use, they can cause big legal problems if an employee files a complaint.

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