Wisconsin Employee Rights Memo Under the Family and Medical Leave Act

State:
Multi-State
Control #:
US-AHI-199
Format:
Word
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Description

This AHI form is a memo regarding employee's rights under the Family and Medical Leave Act (FMLA).
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FAQ

Unless you have an employment contract of some kind, in Wisconsin you're an employee 'at will,' meaning your employer can terminate you at any time for any reason.

You may take FMLA leave to care for your spouse, child or parent who has a serious health condition, or when you are unable to work because of your own serious health condition.

1993; Requires employers with 50 or more workers to grant up to 12 weeks of unpaid leave a year to allow workers to take time off to help care for a new baby or an ill family member without fear of losing their jobs.

Employers cannot hold an employee accountable for work that was not completed during an FMLA leave, and employees cannot be disciplined, terminated, or otherwise retaliated against in any way for requesting or taking a leave.

What is an Interference Claim Under FMLA? An interference claim is just as it sounds a claim that an employer interfered with, restrained, or denied the use or requested use of any right provided by the FMLA.

Is It Possible to Be Fired While On FMLA? Yes, it is possible to be fired while on FMLA but an employee cannot be fired for requesting or taking FMLA leave.

Does the employee receive pay while they are on leave? By default, family medical leave is unpaid. However, an employee covered by the Wisconsin Family Medical Leave Act may substitute any other type of paid or unpaid leave offered by the employer.

An employee must provide 30 days notice if the need for FMLA leave is foreseeable, such as the expected birth of a child or a planned medical treatment. However, there are exceptions to this requirement. For example, a child may be born prematurely or a physician may move up a medical procedure.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

The eligibility notice may be either oral or in writing and must: Be provided within five business days of the initial request for leave or when the employer acquires knowledge that an employee leave may be for an FMLA-qualifying reason; Inform the employee of his or her eligibility status; and.

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Wisconsin Employee Rights Memo Under the Family and Medical Leave Act