Wisconsin FMLA

All Employers:

To be eligible for the conditions in Wisconsin's Family and Medical Leave Act (WFMLA), an employer must employ at least 50 individuals on a permanent basis in Wisconsin, while an employee must have worked under the same employer for more than 52 consecutive weeks and at least 1,000 hours during the preceding 52-week period.

Family & Medical Leave

In a 12-month period, no employee may take more than:

• Six weeks of family leave for the birth or placement of a child.
• Two weeks to care for the serious health condition of a child, spouse or parent.
• Eight weeks for any combination of those reasons.

An employee may take family leave as partial absence from employment; employees who do so shall schedule all partial absences so it does not unduly disrupt the employer's operations.

An employee with a serious health condition may take no more than two weeks of medical leave during a 12-month period. A "erious health condition" is defined as a disabling physical or mental illness, injury, impairment or condition involving:

• Inpatient care in a hospital, nursing home or hospice.
• Outpatient care that requires continuing treatment or supervision by a health care provider.

Stipulations of Leave

An employee may substitute, for portions of family or medical leave, paid or unpaid leave of any other type provided by the employer.

Employers may require certification which confirms the following:

• That the child, spouse, parent or employee has a serious health condition.
• The date the serious health condition commenced and its probable duration.
• Within the knowledge of the health care provider or Christian Science practitioner, the medical facts regarding the serious health condition
• An explanation of the extent to which the employee is unable to perform his or her employment duties (if the employee requests medical leave)

The employer may require the employee to obtain the opinion of a second healthcare provider.

Employees should give their employer advance notice of leave for an expected birth or placement of a foster child if possible. If an employee plans on taking family leave for a planned medical treatment or for the supervision of a child, spouse, parent or for the employee him/herself, the employee must:

• Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, parent or employee.
• Give the employer advance notice of the medical treatment or supervision in a reasonable and practicable manner.

Alternative Employment:

An employer must maintain group health insurance coverage for an employee on family or medical leave as if the employee had not taken the leave. An employer may require an employee to have, in escrow with the employer, an amount equal to the entire premium or similar expense for eight weeks of the employer's group health insurance coverage (if coverage is required).

The WFMLA permits an employer and an employee with a serious health condition to agree upon alternative employment for the employee while the condition lasts. No period of alternative employment reduces the employee's right to family or medical leave.

State Employers:

State employees may take up to five workdays of leave to serve as a bone marrow / organ donor, and up to 30 days of leave to serve as an organ donor. Medical certification is required for this type of leave.