Wisconsin FMLA Eligibility
After the enactment of the federal Family and Medical Leave Act (FMLA) in 1993, states created their own versions of the FMLA. In cases where one law applies, the employee must be eligible under that law's requirements. Also, the law which is more generous is applied in situations where the two laws differ. Wisconsin FMLA eligibility provisions closely resemble those of the federal FMLA, but with a few significant differences.
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Employer
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In order to be eligible for family medical leave, you must work for an employer that is required to provide that benefit to you. Wisconsin FMLA covers public and private employers who employ at least 50 permanent employees during a minimum of six of the last 12 months. Additionally, a business can employ as few as one employee in Wisconsin but 50 employees overall and still be covered by Wisconsin FMLA. Federal law excludes employers that have fewer than 50 workers within 75 miles of the worksite; Wisconsin FMLA does not have this rule.
Employee
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To qualify for Family Medical leave in Wisconsin, you must have worked for your employer for a minimum of 52 consecutive weeks and worked at least 1,000 hours within the previous 52 weeks. Federal FMLA law requires 1,250 hours worked, but the 12 months of employment that is required does not need to be consecutive, as it does in Wisconsin.
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Qualifying Reasons
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In Wisconsin, you may take family medical leave to care for the birth of a child or the adoption of a new child. Other qualifying reasons for FMLA include the care of a child, spouse, partner, domestic partner, parent or parent-in-law suffering from a serious health condition. You may also take Wisconsin Family Medical leave due to the required treatment of or recovery from a serious health condition which renders you unable to perform your job duties.
In this area, Wisconsin FMLA differs greatly from federal law, which does not provide for the care of partners, domestic partners or parents-in-law but does cover leave for the placement of a new foster child.
Military Family Leave
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The Wisconsin FMLA does not have a Military Family Leave provision, while the federal act has an entire amendment regarding the issue. Federal law provides FMLA leave for the care of a service member with a duty-related serious illness or injury. You must be a spouse, child, parent or next of kin of the service member to qualify under this provision. Per Military Family Leave, you may also take leave to deal with an urgent situation caused by the deployment of a spouse, child or parent to a foreign country.
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References
- Photo Credit baby image by Diane Stamatelatos from Fotolia.com
