Employee Benefits

FMLA and WFMLA

State and federal statutes provide you with the right to take job-protected leave with continued medical benefits for the times in your career when you need time off from work to care for yourself or a family member who is seriously ill or to care for a newborn or newly adopted child. These laws are the Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (WFMLA).

For basic information about the state and federal law:

FMLA Checklist for Employers

As a University of Wisconsin employee, you may be governed by more generous leave rules through University Policy Guidelines, State Administrative Code, or applicable collective bargaining agreement.  Leave taken for FMLA-eligible reasons must run concurrently under FMLA, WFMLA and other leave available to university employees.  Thus, the leave available under the various provisions is exhausted simultaneously.

This page summarizes and compares family and medical leave benefits under state and federal law.  To understand how the integration of laws with state and university policies and collective bargaining affects you, please contact your campus human resources office.

REFERENCES

The University of Wisconsin policy for unclassified employees on family and medical leave is included in Unclassified Personnel Guideline #10 where the use of sick leave is addressed.  Sections 3, 10, and 19 of ch. UWS, Wisconsin Administrative Code, provide Board of Regents policies for university faculty and academic staff.

The WFMLA and FMLA policy for classified employees is explained in detail in chapter 724 of the Wisconsin Human Resources Handbook. If you are represented, your collective bargaining agreement may provide more liberal leave provisions.

ELIGIBILITY

The State of Wisconsin, including the University System, is considered one employer for determining eligibility.

WFMLA:
  • You must have worked for the State for more than 52 consecutive weeks.
  • You must have worked for the State for at least 1,000 hours during the 52-week period preceding beginning of the leave.  You may include vacation, sick leave and other paid leave taken to count to the minimum 1,000 hours.
FMLA:
  • You must have worked for the State for at least 12 months (need not be consecutive).
  • You must have worked for the State for at least 1,250 hours of service during the 12-month period preceding the beginning of the leave.  Count only actual hours worked.

YOUR LEAVE ENTITLEMENT UNDER WFMLA

You are allowed up to ten workweeks per year* of unpaid** job-protected leave with continued medical benefits as follows:

  • Up to six weeks of unpaid** leave for the birth or adoption of a child, to begin within 16 weeks of the birth or placement of that child.  No more than one six-week period per child.
  • Up to two weeks of unpaid** leave for the care of a child, spouse or parent with a serious health condition.  Your employer may require certification from a health care provider.
  • Up to two weeks of unpaid** leave in a 12-month period for your own serious health condition that makes you unable to perform your duties. Your employer may require certification from a health care provider.

*Means the calendar year for classified employees and the fiscal year (July 1 - June 30) for unclassified employees.

**At your option under WFMLA you may use unpaid or accrued paid leave of any kind that your employer provides.

YOUR LEAVE ENTITLEMENT UNDER FMLA

You are allowed up to 12 workweeks per year* of unpaid**, job-protected leave with continued medical benefits for any combination of following reasons:

  • To care for your child after birth, adoption or foster care placement;
  • To care for your spouse, child or parent who has a serious health condition; or
  • To seek treatment for your serious health condition.

*Means the calendar year for classified employees and the fiscal year (July 1 - June 30) for unclassified university employees.

**However, sick leave may not be used to care for the newborn child or newly placed adopted child or foster child or to care for a servicemember or for a qualifying exigency under the Active Duty Family Leave Act, if your employer's policies do not ordinarily grant sick leave for this purpose.

SERIOUS HEALTH CONDITION 

  • Defined as a disabling illness, injury or impairment or a physical or mental condition involving inpatient care or continuing treatment or supervision by a health care provider. 
  • The condition may cause episodic periods of incapacity, such as chemotherapy treatment requiring several days at a time off work or periodic bouts with a chronic condition such as asthma that makes you unable to perform your job duties.

INTERMITTENT LEAVE

  • Defined as leave taken in separate periods of time or a reduced work schedule due to a single qualifying reason.
  • Example:  Medical leave taken several days at a time spread over a period of months, due to chemotherapy.

Two new categories of FMLA were recently enacted and may apply to an employee who has a service member in their immediate family member.

  • Injured Servicemember Leave allows you to take up to 26 weeks of leave in a single calendar year to care for a servicemember who incurred a serious injury or illness while on active duty in the United States Armed Forces. The servicemember must be your spouse, parent, child or next of kin. You may take 26 weeks total for all FMLA-qualifying reasons, and the 26 weeks is available during one calendar year only. The regular 12 week limit applies for all FMLA leave except to provide care for the servicemember. You may take this leave intermittently.
  • Active Duty Family Leave allows you to take up to 12 weeks of FMLA leave if you experience “any qualifying exigency” if your spouse, parent, or child has been called to or are serving on active duty in the United States Armed Forces. Pending regulations from the Secretary of the U.S. Department of Labor will define a “qualifying exigency.” This category of FMLA leave is not yet effective; however, employers are encouraged to grant vacation and unpaid leaves under existing rules and labor agreements in the spirit most consistent with this Active Duty Family Leave provision.
WFMLA:

You are entitled to use family and medical leaves in non-continuous increments equal to the shortest increments your employer permits for any other non-emergency leave (e.g., hours, half-day, day) without unnecessary disruption of your workplace operations.  You are expected to provide your employer with a proposed schedule with reasonable promptness after you learn of the necessity of the leave.

FMLA: 

You are entitled to use family and medical leave in non-continuous increments:

  1. For your own or a family member's serious health condition when medically necessary
  2. To care for a servicemember who incurred serious illness or injury while on active duty
  3. For any qualifying exigency due to an immediate family member who is on or is called to active duty.

You are not entitled to intermittent leave to care for your child after birth or placement for adoption or foster care unless you and your employer agree to such leave.

JOB PROTECTION AND BENEFITS

Under both FMLA and WFMLA, your employer will return you to the same position or an equivalent position after the end of the leave with no loss in pay, benefits, or other terms and conditions of employment.  Exception:  If you were hired for a specific term or project and the employment term or project ended prior to leave expiring, you have no re-employment rights.

Under both acts, your employer must maintain your group health coverage under the same conditions as existed prior to the leave.  You must continue to pay the employee's share, if any, of the health insurance premium.  If you do not return from leave or terminate your employment within 30 days of returning, your employer may recover the health insurance premiums paid during the leave.

EFFECT ON TENURE

Family and medical leave does not constitute a break in continuous service for faculty (ch. UWS 3.04(3), Wis. Admin. Code) or academic staff (UWS 10.3(2)(a)3, Wis. Admin. Code).  When the leave is due to childbirth or adoption, or significant responsibilities with respect to your own or a family member's disability or chronic illness or a qualifying exigency, and those circumstances could significantly impede progress toward achieving tenure, that leave is not included in the seven-year probationary period. Faculty and academic staff may be granted up to a year probationary extension for the birth or adoption of a child. 

Example:  A faculty member has been on probationary status for a total of nine years because s/he was granted two requests for one-year extensions because of the birth of two children.  The faculty member's teaching, research, professional and public service and contribution to the institution is evaluated as if only seven years were worked towards achieving tenure, rather than 9 years worked toward this achievement.

TIME LIMITS TO TAKE FAMILY LEAVE TO CARE FOR CHILD NEWBORN OR ADOPTION PLACEMENT

WFMLA:

You may begin this leave prior to, on, or after the birth or placement; however, you must begin the leave within 16 weeks before or after the event. 

FMLA: 

You may take the leave prior to, on, or after the birth, adoption or foster placement of the child, but it must be concluded not later than twelve months after the event.

The regular 12 week limit applies for all FMLA leave except to provide care for the servicemember.

You may take up to 26 weeks of leave in a single calendar year to care for a servicemember who incurred a serious injury or illness while on active duty in the United States Armed Forces. You may also take up to 12 weeks of FMLA leave if you experience “any qualifying exigency” if your spouse, parent, or child has been called to or are serving on active duty in the United States Armed Forces. If you take 26 weeks in the calendar year to care for an injured or ill servicemember, you will not get another 12 weeks in that year for a qualifying exigency under the Active Duty Family Leave act.

EMPLOYEE RESPONSIBILITY

WFMLA: 

If you intend to take family leave for the birth or adoption of a child, you must notify the employer with reasonable promptness.

If you intend to take medical leave because of a planned medical treatment or supervision of a family member, or planned medical leave for yourself, you should:

  • Make a reasonable effort to schedule the treatment or supervision with the health care provider and family member so it does unduly disrupt workplace operations.
  • Provide your employer with a proposed schedule for the leave with reasonable promptness once you learn of the probable necessity of the leave.
  • Make the proposed schedule sufficiently definite so your employer is able to schedule a replacement to cover your absence, if necessary.
FMLA: 

30 days advance notice is required if the leave is foreseeable (e.g. birth of a child).  If the leave is not foreseeable, you must notify the employer with reasonable promptness.  Should you fail to provide timely notice, your employer may deny the leave request until at least 30 days after the date notice is actually provided.

CERTIFICATION

WFMLA: 

For medical leave requests your employer may require certification of a serious health condition issued by your health care provider or Christian Science practitioner.

FMLA: 

Your employer may require medical certification.  You must return the requested certification within 15 days or leave may be denied until the employer receives required certification. For leave taken under the Injured Servicemember Leave or Active Duty Family Leave, military documents may be required.

EMPLOYER RESPONSIBILITY ONCE LEAVE NECESSITY IS KNOWN

  • Designate the leave as FMLA-qualifying
  • Provide you with a notice explaining the rights and obligations under FMLA and WFMLA and any consequences of a failure to meet the obligations.

CONCLUSION OF LEAVE

WFMLA and FMLA: 

Leave available during the calendar year for classified employees or fiscal year for unclassified employees must be used within that year.  If not used, your entitlement to the leave expires at the end of the year.  You may qualify for a new entitlement when the new fiscal year (calendar year for classified employees) begins, depending on hours worked in the previous year.

FMLA: 

Your entitlement to family leave for birth, adoption or foster placement expires 12 months after the date of birth or placement. Your entitlement to leave to care for an injured or ill Servicemember provides 26 weeks of leave in a single year. This leave is limited to one calendar year (for classified employees) or one fiscal year (for unclassified employees).

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This document was last revised on March 14, 2008

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