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Family and Medical Leave Act Archives

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.

Does Wisconsin law differ from federal Family Medical Leave Act?

Workers in Wisconsin should be aware they are protected by both state and federal laws pertaining to medical leave. There are, however, differences between the two statutes when it comes to eligibility and the amount of leave that may be taken.

Discrimination for taking family leave

Not one person in Wisconsin goes through their entire life without having to take leave from their place of employment for various reasons. This could include a personal medical issue or another situation relating to a close family member or child. When the time comes for you to ask your employer for leave, you might be intimidated by the fear of resentment from your employer because you needed to be away from work. Discrimination for taking leave is all too common, but your right to care for yourself and your family is protected through the Family and Medical Leave Act.

You are protected against pregnancy discrimination

Many pregnant women in Wisconsin have walked into a job interview or held out hope for a big promotion only to be turned away due to their pregnancy related medical conditions. It is important that women are aware that they are protected against discrimination thanks to Title VII of the Civil Rights Act of 1964.

Your rights as adoptive parents

When a couple gives birth to a biological baby, it is normal for one or both of the parents to take at least a few weeks of leave to build a bond, heal from labor and nurture their new addition. This right is protected under the Family Medical Leave Act, which requires employers to allow parents to take unpaid leave, at minimum.

What is pregnancy discrimination?

Many Wisconsin women who become pregnant find themselves the victim of discrimination in the workplace. This can be due to the pregnancy itself, becoming a new mother or a medical condition that is related to the pregnancy. The Pregnancy Discrimination Act protects expectant mothers from unfair treatment when applying for a job or continuing work.

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