Wisconsin Family and Medical Leave Laws

Like all states, Wisconsin employers must follow the federal Family and Medical Leave Act (FMLA). But Wisconsin also has its own family and medical leave law that applies to many employees.

Workers in Wisconsin may be entitled to protections under one or both laws, and when more than one law applies, employees can take advantage of the most favorable provisions.

Federal FMLA Rights

The federal FMLA allows eligible employees to take unpaid, job-protected leave for certain family and medical reasons. It applies to employers with at least 50 employees for 20 or more weeks in the current or prior year.

Employee Eligibility

To qualify for federal FMLA leave, an employee must have worked for the employer for at least 12 months, worked at least 1,250 hours in the year before leave begins, and be employed at a location where at least 50 employees work within a 75-mile radius.

Reasons for Federal FMLA Leave

Employees may take federal FMLA leave to:

• recover from their own serious health condition
• care for a family member with a serious health condition
• bond with a new child after birth, adoption, or foster placement
• handle certain issues arising from a family member's military service, and
• care for a covered service member injured during active duty.

Length of Federal FMLA Leave

Eligible employees may take up to 12 weeks of leave in a 12-month period for most qualifying reasons. For military caregiver leave, the entitlement increases to 26 weeks in a single 12-month period.

Benefits During Leave

While on federal FMLA leave, employees can continue their group health insurance coverage by paying the same share of premiums as they do while working.

The leave is unpaid, but employees may choose, or employers may require them, to use accrued paid leave such as vacation or sick time. When leave ends, employees generally have the right to return to the same or an equivalent position.

Wisconsin Family and Medical Leave Rights

Wisconsin has its own family and medical leave law, which applies to employers with at least 50 permanent employees during at least six of the preceding 12 months. The Wisconsin law provides separate entitlements from the federal FMLA.

Employee Eligibility

An employee is eligible for Wisconsin family and medical leave if they have worked for the employer for at least 52 consecutive weeks and have worked at least 1,000 hours during that time.

Reasons for Leave Under Wisconsin Law

Wisconsin employees may take leave for the following reasons:

• up to 6 weeks for the birth or adoption of a child
• up to 2 weeks to care for a child, spouse, domestic partner, parent, or parent-in-law with a serious health condition; and
• up to 2 weeks for the employee's own serious health condition.

These leave entitlements are separate buckets; that means an employee could potentially take all three types of leave in the same year if the circumstances arise.

Key Differences From Federal FMLA

Wisconsin law differs from federal law in a few ways. First, coverage includes domestic partners and parents-in-law, which are not recognized under federal FMLA.

Also, leave amounts are shorter (generally 2 to 6 weeks per year). Finally, Wisconsin leave applies on a calendar year basis, while federal leave uses a rolling 12-month period

How the Federal and State Laws Work Together

Employees in Wisconsin may be covered by both federal FMLA and the state law. When the two overlap, employees are entitled to whichever provision is more generous. In practice, this often means that leave under both laws will run at the same time if taken for the same reason.

For example, if an employee takes six weeks off for the birth of a child, that time will likely count against both federal and state leave. However, Wisconsin law provides separate entitlements that can sometimes extend an employee's total time off.

Imagine a worker who takes six weeks under both laws for childbirth. Later in the same year, the worker's parent-in-law develops a serious health condition. Federal FMLA does not cover in-laws, but Wisconsin law does. That means the worker can still take an additional two weeks of state leave to care for the parent-in-law, even though federal leave has been used up.

Next Steps If You Are Denied Leave

If you believe your employer has wrongly denied you family or medical leave, first review whether you meet the eligibility requirements under both federal and state law. You should also check your employee handbook or workplace policies to see how leave rules are applied. Keep detailed records of your request for leave, any responses from your employer, and medical certifications provided.

If your employer continues to deny leave or retaliates against you for requesting it, you should consult with an employment law attorney. An attorney can explain your rights, help you file a complaint with the appropriate state or federal agency, and represent you if you need to take legal action.