FMLA Leave is a recently introduced protection provided to employees by the federal government as well as individual states. Wisconsin workers are permitted to take job-protected paid or unpaid leave for reasons of personal health, to care for a close relative, or to welcome a new child to the family. Wisconsin employers of 50 employees or more are required to adhere to both Federal and Wisconsin Family and Medical Leave Acts.
What are your rights under FMLA? Let's clarify your protections.
Rights of the Federal Family and Medical Leave Act (FMLA)
Under the Federal FMLA, you have the right to 12 work weeks of paid or unpaid time off for specified reasons.
Up to 12 work weeks of unpaid leave in a 12-month period
You may take up to 12 work weeks worth of time or hours in leave for each 12-month period. The 12-month period is not limited to the year rollover. This time is unpaid but your employer may offer or require your paid leave to be used during this time.
Ways to take FMLA Leave
- One block of time
- Separate blocks of time
- Partial workdays
You may take this leave all at once, in separate blocks, or with a reduced schedule where work hours may add up to 12 work weeks of leave.
Reasons for FMLA Leave
- Birth, adoption, or foster child placement
- Serious mental or physical health condition
- Caring for a spouse, child, or parent with a serious health condition
- Foreign deployment of a spouse, child, or parent who is in the military
You may take time off to welcome a new child, for personal health reasons, to care for a family member with health problems, or to accommodate a military-deployed relative.
Up to 26 weeks for an injured military relative
If a military relative is injured, you may take up to 26 weeks off to travel and care for them.
Rights Under the Wisconsin Family and Medical Leave Act (WFMLA)
Wisconsin has also released a Family and Medical Leave Act which provides additional and specific rights to workers if their employer has over 50 employees.
Up to 2 weeks for personal health issues
You may take up to 2 weeks per 12-year period of unpaid or paid leave for serious personal health recovery.
Up to 2 weeks for family health issues
You may take up to 2 weeks per 12-year period of unpaid or paid leave to care for a seriously ill spouse, child, or parent.
Up to 6 weeks for the birth or adoption of a child
You may take up to 6 weeks of unpaid or paid leave after the birth or adoption of a child.
Rights Under Federal and Wisconsin FMLA
Under both the federal and Wisconsin Family and Medical Leave Acts, your leave is protected by three specific rights.
Right to Continued Health Insurance
You have the right to uninterrupted health insurance during your leave.
Right to Return to the Same Role at Work
You have the right to return to work in the same role and rate of pay as when you left.
Protection from Adverse Action
You are protected from adverse action (discipline, penalties, or dismissal) for using your FMLA leave.
Protect Your FMLA Rights with a Wisconsin Employment Lawyer
If your FMLA rights have been denied or violated, an experienced employment lawyer can help you.
Get in touch with Bykhovsky Law for a FREE CONSULTATION on your situation and the actions you can take to protect yourself.
