Issues

Federal
Enforced by the U. S. Department of Labor

Wisconsin
Enforced by the Department of Workforce Development

Most Favorable to Employees

Employers Covered

Employers of 50 or more employees in at least 20 weeks of current or preceding year.

Employers of at least 50 permanent employees during at least 6 of the preceding 12 calendar months.

** See Questions and Answers

Employees Eligible

Have worked for employer at least 1,250 hours in preceding 12 months and employed for at least 12 months and employed at worksite by employer with 50 or more employees within 75 miles of that worksite.

Have worked for employer at least 1,000 hours in preceding 52 weeks and for at least 52 consecutive weeks.

** See Questions and Answers.

Amount of Leave

12 weeks during a 12 month period. Leave for birth, adoption, or to care for sick parent or childmust be shared by spouses working for same employer.

During a 12 month period.

      6 weeks for birth or adoption

      2 weeks for serious health condition of parent, child or spouse

      2 weeks for employees own serious health condition.

** See Questions and Answers.

Type of Leave

Contact U.S. Department of Labor @ 608-441-5221 for inquiries.

Birth, placement of child for adoption or foster care, to provide care for parent, child, spouse, domestic partner or parent of domestic partner with serious health condition, or employee's own serious health condition.

Wisconsin

Serious Health Condition

1.   Illness, injury, impairment, or physical or mental condition involving incapacity or treatment connected with inpatient care in hospital or hospice.

2.   Residential medical care in hospital, hospice, or residential medical care facility.

3.   continuing treatment by a health care provider involving:

a.   Incapacity or absence of more than 3 days from work, school, or other activities.

b.   Chronic or long-term condition incurable, or so serious if not treated would result in incapacity of more than 3 days.

c.   Prenatal care.

Means a disabling physical or mental illness, injury, impairment, or condition involving inpatient care in a hospital, nursing home, hospice, or out patient care that requires continuing treatment or supervision by a health care provider.

Comparable

Health Care Provider

1.   doctors of medicine or osteopathy authorized to practice medicine or surgery in the State;

2.   podiatrists, dentists, clinical psychologists, optometrists, chiropractors (for manual manipulation of spine to correct subluxation demonstrated by X-ray)

3.   nurse practitioners, and nurse-midwives, if authorized to practice under State law; or,

4.   Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts.

Means: licensed physician, nurse, chiropractor, dentist, podiatrist, physical therapist, optometrist, psychologist; certified occupational therapist, occupational therapy assistant, respiratory care practitioner, acupuncturist, social worker, marriage and family therapist, professional counselor, speech-language pathologist or audiologist; and Christian Science practitioner.

Varies, as Federal and State laws each include several different types of health care providers.

Intermittent Leave

Permitted for serious health condition when medically necessary. Not permitted for birth or adoption unless employer agrees.

Permitted for all family and medical leaves in increments equal to the shortest increment permitted by employer for any other non-emergency leave

Wisconsin

Substitution of Paid Leave

Employee may elect or employer may require accrued paid leave to be substituted in some cases. No limits on substituting paid vacation or personal leave. Employee may not substitute paid sick leave, medical, or family leave for any situation not covered by employer's leave plan.

Employee may elect to substitute accrued paid or unpaid leave of any other type provided by employer.

Wisconsin

Reinstatement Rights

Must be restored to same or equivalent position in all terms and conditions.

Similar Provision

Comparable

Key Employee Exception

Exempts salaried employees if among highest paid 10% and if restoration would lead to grievous economic harm to employer.

No Similar Provision

Wisconsin

Maintenance of Health Benefits During Leave

Health insurance must be continued under same conditions as prior to leave.

Similar Provision

Comparable

Leave Requests

Made by employee 30 days in advance or as soon as practicable.

Made by employee in advance in a reasonable and practicable manner.

Wisconsin

Executive, Administrative and Professional Employees

Salaried executive, administrative and professional employees of covered employers, who meet the Fair Labor Standards Act (FLSA) criteria for exemption from minimum wage and overtime under Regulation 29 CFR part 541, do not lose their FLSA-exempt Status by using any unpaid FMLA leave. This special exception to the “salary basis” requirement extends only to “eligible” employees use of leave required by FMLA

Unpaid leave would not result in loss of exempt status under State minimum wage and overtime law.

Comparable