Medical leave under the Family and Medical Leave Act (FMLA) is protected at both the state and federal level. At the state level, medical leave is covered until the Wisconsin Family and Medical Leave Act (WFMLA) and applies to employers with 50 or more employees. Under the WFMLA, Wisconsin employees (who have been employed by the same employer for more than 52 consecutive weeks and have worked for that employer for at least 1,000 hours during the precedent 52-week period) are given the right to take unpaid leave for the birth or adoption of a child, the employee’s own serious health condition, or the serious health condition of the employee’s child, spouse, parent, or spoouse’s parent. In any calendar year, an employee covered under the WFMLA may take up to eight (8) weeks of family leave for any of the reasons mentioned above.
The federal FMLA likewise covers employers with 50 or more employees and an employee is eligible if they were employed at least 12 months and have worked for the employer more than 1,250 hours during the previous 12-month period. The federal FMLA does not apply to employees at a worksite at which there are fewer than 50 employees within 75 miles of that worksite is less than 50. The federal FMLA provides eligible employees with a total of twelve (12) weeks of leave during any 12-month period for any one or more of the following:
- The birth of a son or daughter;
- The placement of a son or daughter with the employee for adoption or foster care;
- The serious health condition (as defined in the act) of the employee’s spouse, son, daughter, or parent; or
- The employee’s own serious health condition.