If you're facing a serious medical condition or need to care for a family member or a newborn, the Family and Medical Leave Act (FMLA) offers vital protections. Wisconsin employees are entitled to take unpaid, job-protected leave under both the federal FMLA and Wisconsin Family and Medical Leave Act (WFMLA). Understanding how to request FMLA leave correctly can help ensure you receive the benefits you're entitled to without unnecessary delays or complications.
In this guide, we'll walk you through the process step by step and highlight when it may be beneficial to consult an employment lawyer for assistance.
Step 1: Determine Your Eligibility For FMLA
Before you begin the process of requesting FMLA leave, make sure you're eligible. Both the federal FMLA and Wisconsin's WFMLA have specific criteria:
- Employer Size: Your employer must have at least 50 employees within 75 miles of your worksite.
- Employment Tenure: You must have worked for your employer for at least 12 months (though not necessarily consecutively).
- Work Hours: You must have worked at least 1,250 hours in the 12 months before your leave begins.
For Wisconsin’s WFMLA, the requirements are slightly less strict, including only needing to have worked 1,000 hours in the previous year.
If you're unsure about your eligibility, consider consulting an employment lawyer to clarify your situation.
Step 2: Identify a Qualifying Reason for Leave
Under FMLA, you can take leave for several qualifying reasons:
- Your serious health condition.
- Caring for a family member (spouse, child, or parent) with a serious health condition.
- Bonding with a newborn, adopted, or foster child.
- Military caregiver or exigency leave for family members on active duty.
Once you've confirmed that your reason for taking leave falls under FMLA guidelines, you’re ready to move on to the next step.
Step 3: Provide Notice to Your Employer
To request FMLA leave, you need to notify your employer in writing, following your workplace’s standard procedures for requesting leave. Make sure to:
- Give at least 30 days' notice if your need for leave is foreseeable (such as the birth of a child or a planned surgery).
- If the need for leave is unexpected (such as an emergency medical situation), notify your employer as soon as possible.
Your notice should include details about your need for leave, how long you expect to be away from work, and any supporting medical documentation. Keep a copy of your written request for your records, as this can be crucial if disputes arise later.
Step 4: Submit Medical Certification
Your employer may request medical certification to verify the need for FMLA leave. This form is usually completed by your healthcare provider and should include:
- The date the condition began
- Expected duration of the leave
- Medical facts about the condition (within the bounds of confidentiality)
- Any need for intermittent leave or a reduced work schedule
You typically have 15 days to submit this certification. It's important to provide the documentation promptly to avoid delays or denials of your FMLA request.
Step 5: Follow Up and Confirm Approval
Once you've submitted your request and supporting documentation, your employer has five business days to approve or deny your FMLA leave. They should provide written notice of their decision. If your request is denied or delayed, and you believe you meet the criteria, consider seeking guidance from an employment lawyer. An attorney can help you understand whether your rights have been violated and assist in resolving disputes.
Step 6: Know Your Rights During FMLA Leave
While on FMLA leave, your job is protected. Your employer must maintain your health benefits, and when you return, they must reinstate you to your original position or an equivalent one. Additionally:
- Intermittent Leave: If you need FMLA leave on an intermittent basis, such as for ongoing treatment, communicate with your employer to arrange a suitable schedule.
- No Retaliation: Your employer cannot retaliate against you for taking a leave. If you experience adverse actions such as demotion, pay cuts, or hostility after taking leave, you should immediately consult with an employment lawyer to assess your options.
Step 7: Return to Work
After your FMLA leave ends, your employer is required to reinstate you to your prior role or a comparable position with the same pay, benefits, and working conditions. If you encounter any difficulties upon your return, such as being placed in a lower position or facing retaliation, reach out to an employment lawyer to ensure your rights are upheld.
When to Consult an Employment Lawyer Regarding fmlA
While the FMLA process may seem straightforward, there can be complexities along the way. Consulting an employment lawyer is a wise step if:
- Your request is denied, and you believe you're eligible
- Your employer retaliates against you for taking leave
- There are disputes over the nature of your leave or the medical certification process
An experienced attorney can help protect your rights and guide you through any legal challenges you might face.
Get in touch with Bykhovsky Law for a CONSULTA GRATUITA today!
Requesting FMLA leave in Wisconsin is a critical process for safeguarding your job while attending to serious health or family matters. By following the steps outlined above, you can ensure that your request is handled properly and your rights are protected. If you encounter any issues or have questions, don't hesitate to seek advice from an employment lawyer who can provide expert guidance tailored to your situation.
