An employee taking a leave of absence in Wisconsin may be covered by the Family and Medical Leave Act (FMLA), a federal law. But the state of Wisconsin has its own law — the Wisconsin Family and Medical Leave Act (WFMLA) — that may apply too. Which of these laws apply to your organization, and which employees are eligible for leave?
Here’s a complete guide to navigating FMLA in Wisconsin, including employee eligibility, employer obligations, duration of leave, documentation requirements, and more.
The federal Family and Medical Leave Act (FMLA) provides employees with unpaid leave for several qualifying conditions. The Wisconsin Family and Medical Leave Act (WFMLA) provides leave for some of the same conditions, but not all of them. If an employee meets the criteria for both laws, then both laws apply concurrently.
The following scenarios are covered by both WFMLA and FMLA in Wisconsin:
There are a few cases in which federal FMLA leave covers additional scenarios that aren’t covered by Wisconsin state law:
Both FMLA and WFMLA leave are unpaid, but the federal FMLA law offers a longer leave period. FMLA provides up to 12 weeks of leave in a single 12-month period for most of the FMLA-qualifying reasons, and up to 26 weeks for military caregiver leave.
Under Wisconsin law, employees are only guaranteed:
Both laws provide job-protected leave, which means the employee can keep their health insurance while on leave and is entitled to reinstatement in their position after the leave period has ended. Employers may choose to provide additional benefits, such as paid leave, under their own personal leave or sick leave policy.
The Department of Labor (DOL.gov) has strict criteria as to what constitutes a “covered employer” under FMLA. To be covered by FMLA, an employer must be:
The rules are slightly different for WFMLA in Wisconsin. According to the Wisconsin Department of Workforce Development (DWD), an employer must have “at least 50 permanent employees during at least 6 of the last 12 months” to qualify.
Not every employee who works for a covered employer is eligible for leave under FMLA in Wisconsin. According to the DOL, eligible employees must:
To qualify for WFMLA leave, on the other hand, the employee must have:
If you have employees in Wisconsin, then it’s important for your human resources team to understand both laws. Neither law supersedes the other or reduces the employee’s rights. In fact, an employee may be eligible for leave under both laws, in which case they run concurrently, not consecutively.
For example, an employee who qualifies for parental leave under both laws can take up to 12 weeks of leave in total — not 18. The first six would be covered by both laws, and the remaining six would only be covered by FMLA.
Parental leave under WFMLA must begin within 16 weeks of birth or adoption; under FMLA, it can be taken any time within 12 months.
This can get complicated quickly, so use a leave of absence automation platform like Pulpstream to ensure compliance with both state and federal law.
Navigating FMLA in Wisconsin requires clear communication between employees and employers. Follow these best practices to meet your obligations and simplify the LoA process for employees and your HR team:
In some cases, an employee requests FMLA leave directly; in other cases, it’s up to you to determine that an employee's absence qualifies for FMLA leave. Whenever possible, an employee should provide 30 days’ advance notice of their intent to take leave.
Make it easy for employees to submit leave requests online using a self-service portal. Pulpstream’s cloud-based tools allow employees to submit leave requests and get an email or SMS update when their leave is approved or they need to take action.
When an employee takes FMLA or WFMLA leave in Wisconsin, they may need to show evidence that they meet the eligibility criteria. If the employee qualifies for leave under both laws, they generally only need to submit documentation for whichever law offers greater benefits. In some cases, they may need to meet the criteria of both laws.
When you use a leave management platform like Pulpstream, employees can upload a certificate from their health care provider along with other required documentation.
Tracking how much leave an employee uses under FMLA and WFMLA is important for HR compliance. Any leave that they don’t use now will be available to them for future absences. An employee may also be eligible for intermittent FMLA leave.
Use Pulpstream to track absences and attendance so you know how much leave an employee has remaining and to ensure they don’t exceed their leave balance.
Employees in Wisconsin may be covered by the Family and Medical Leave Act at either the state or federal level. The federal law provides up to 12 weeks of leave for qualifying reasons, while the Wisconsin law provides up to 6 weeks of leave for some of the same reasons. Employers may need to comply with both employment laws concurrently.
Pulpstream’s leave of absence management platform simplifies FMLA in Wisconsin with a cloud-based portal that employees can use to submit their own leave requests online. Your HR team can verify each request against state and federal law, request additional documentation, and track employee leave balances to ensure HR compliance.
Request a demo today to see how it works!