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Family and Medical Leave in Wisconsin Lawyers
Does It Matter That Wisconsin Has Family And Medical Leave Laws?
A number of states, including Wisconsin, give their residents coverage which supplements the benefits provided in the federal Family and Medical Leave Act of 1993 (FMLA). Although the federal and state laws generally focus on the same issues, they do not necessarily function as a unit. For example, a term (such as serious health condition) used in both the FMLA and a state rule may have different meanings. If you have any questions regarding terminology, a lawyer should be able to clarify your concerns.
Are My Employer And I Covered By These Laws?
Wisconsin has broadened the scope of employers covered by family and medical leave laws. Your employer is covered if it falls within the FMLA's employer guidelines or if directly employs 50 or more employees on a permanent basis. You are covered if you have worked with an employer, which fits the above description, for at least 52 consecutive weeks and for at least 1,000 hours in the most recent 52 weeks.
For How Long Can I Leave?
Wisconsin's provision regarding employees' amount of leave time is more detailed than the federal law. Wisconsin laws regulating leave time include the following information:
- There is no requirement that spouses share leave;
- During a 12-month period, you may take 6 weeks for a birth or adoption;
- During a 12-month period, you may take 2 weeks for a serious health condition of a parent, step-parent, child or spouse;
- During a 12-month period, you may take 2 weeks for your own serious health condition; and
- During a 12-month period, you may not take more than 8 weeks in a year for any combination of the above-listed leave.
Who May Provide My Health Care?
As a resident of Wisconsin, you may receive treatment or support from any of the health care providers included in the FMLA, as well as from a:
- Licensed or certified physician;
- Physician assistant;
- Respiratory care practitioner;
- Physical therapist;
- Dietician;
- Athletic trainer;
- Occupational therapist;
- Pharmacist;
- Acupuncturist; or
- Social worker.
How Should I Request My Leave?
Wisconsin law states that you should request leave in advance in a reasonable and practicable manner. Other rules relating to leave requests are comparable to the standards set in the FMLA. For example, Wisconsin law asks that you make a reasonable effort to schedule medical treatment.
Do I Need An Employment Lawyer?
A labor and employment lawyer can discuss with you the differences between federal and Wisconsin laws pertaining to family and medical leave. If you feel that you have been mistreated by your employer, an attorney can also help you determine possible courses of action.
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