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Family and Medical Leave Act Archives

Worker protections under FMLA

Under the Family Medical Leave Act, qualified employees in Wisconsin may take unpaid leave in certain situations. Employers are not allowed to take any action that may abridge, deny or otherwise make it not possible for an employee to take leave if they are eligible to do so. Furthermore, employers are not allowed to take any type of retaliatory action against any employee who exercises his or her rights under the act.

What are the requirements for the FMLA?

Employers in Wisconsin with 50 or more employees are required by state and federal law to grant their employees medical leave in certain situations. The Family and Medical Leave Act was passed by Congress in 1993, and the Wisconsin Family and Medical Leave Act added to and amended certain provisions of the federal law.

Wisconsin laws could be effected by pending Supreme Court case

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.

Are there any exceptions in regards to the FMLA?

New Wisconsin mothers who seek time off under the Family and Medical Leave Act may find that exceptions in the existing legislation provide their employers with various legal grounds to deny them benefits. Although this law ostensibly guarantees 12 weeks of unpaid leave for new parents of both genders, employers can potentially avoid their obligations in a number of ways.

Understanding the rights of a pregnant worker

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.

What must be included in an FMLA request?

Employees in Wisconsin who wish to take leave from their jobs might be able to get paid time off through the Family and Medical Leave Act. Not all types of leave are covered nor do they all result in paid leave. Also, employers are not always required to inform their workers if they qualify for medical leave or family leave. Employees who understand the process of and how to provide their employer with notice might be more likely to get the leave they want.

Employer socked with big fees despite small employee damages

In Cuff v. Trans State Holdings, Inc., a Family and Medical Leave Act ("FMLA") case, the Seventh Circuit recently awarded the employee, Cuff, $331,000 in attorneys' fees, costs and interest even though Cuff's damages were only $43,000. The Court's justification for such remedies was that, "the defense had not done its homework; it was content to leave the labor to Cuff's team and the judge ... for issue after issue."  The main issue in this case was that workers are covered by the FMLA when they are jointly employed by multiple firms that collectively have 50 or more workers, and that firms may be treated as a single employer when they operate a joint business. There were several indicators that Cuff worked for both operations.  Cuff was the "regional manager" of the three firms and his business card bore the logos of all three firms. Moreover, Cuff had been hired to provide services to both air carriers.

How FMLA guidelines impact Wisconsin employees

The Family and Medical Leave Act enables workers who are dealing with health issues to leave work as necessary. This act may also apply to workers who need to leave work to deal with health issues of family members. Both the federal government and the state of Wisconsin have their own versions of the FMLA. While many provisions are the same in both cases, the state version differs from the federal version in some respects.

What is the FMLA?

Wisconsin employees may want to know some specifics about the Family and Medical Leave Act and whether they are covered by it. This law helps employees to take leave when they have a situation that interferes with their ability to work.

Eligible employees entitled to leave under federal and state laws

According to the United States Department of Labor, employees in Wisconsin are offered certain amounts family and medical leave under both state and federal law. These guidelines provide protection for workers who meet the eligibility standards, which is based on the amount of time that the employee has spent working for the employer and the size of the employer, which is defined by the number of workers that it employs.

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