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Equal Rights Division Newsletter - September 22, 2021

Wisconsin FMLA - who offers it and when can it be used?

The Wisconsin Family and Medical Leave Act (WFMLA) requires covered employers to provide qualified employees with job-protected leave for certain medical and family reasons. Read more to find out if you're eligible for time off under the WFMLA and for what conditions the benefit may be used.

Wisconsin FMLA Image

What is a "covered" employer, and who is a "qualified" employee?

Under the Wisconsin Family and Medical Leave Act, any employer with 50 or more employees is considered a covered employer and must comply with Wisconsin FMLA guidelines. To qualify for time off under the WFLMA, you must have worked for your employer for more than 52 consecutive weeks and at least 1000 hours in the 52 weeks preceding your requested leave.

When can WFLMA be used?

Under WFLMA, qualified employees can take up to six weeks off for the birth or adaption of a child and up to two weeks off for their own serious health condition or to care for a family member with a serious health condition. The full Wisconsin FMLA benefit can be taken once per calendar year and is unpaid time off unless substituted for accrued paid leave. It can also be taken in increments equal to the smallest nonemergency leave allowed by the employer.

Know Your Rights

Under the Wisconsin FMLA, a serious health condition is a disabling mental or physical injury, illness, or impairment that requires inpatient care, or outpatient care involving continuing care or supervision by a healthcare provider. If you have questions about WFMLA, please contact the Department of Workforce Development Equal Rights Division.


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