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Employees Eligible for Wisconsin Family Leave


Posted by Tamara

An employee often qualifies for Wisconsin FMLA when they do not work enough hours to qualify for leave under the federal FMLA.

Under the Wisconsin leave law, the employee must have worked for the employer for 52 consecutive weeks, and must have worked at least 1,000 hours in the 12 months prior to taking leave. The federal FMLA requires that the employee have worked 1,250 hours in the 12 months prior to leave, and have worked for the employer for 12 months in the past 7 years. So some part-time employees will qualify for leave under one law or the other.

Janita is a pregnant part-time secretary who has worked for her Wisconsin employer for 2 years. She only works about  20 hours per week. Janita has worked only 1010 hours in the past 12 months. She has not worked enough hours to qualify for federal FMLA, but she does qualify for unpaid leave under the Wisconsin law. When Janita’s baby is born, she will qualify for 6 weeks of unpaid, job-protected leave under the Wisconsin Family and Medical Leave law.

The federal FMLA permits an employee to take up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, the employee’s serious health condition, or to care for a spouse, parent or child with a serious health condition.

However, some employees may qualify for leave under the federal family leave law but not the state law. Under the federal FMLA, an employee must have worked for the employer for 12 months to qualify for leave. The 12 months need not be continuous, as long as they are within the past 7 years.

Audrey, an hourly hotel front desk manager, worked for the company for 18 months, three years ago. She returned just 7 months ago. Audrey more than qualifies for FMLA, because she has been with the company for 18+7= 25 months total. She also works 50 hours per week, so she meets the requirement of having worked 1,250 hours in the 12 months immediately preceding her leave.

 

 

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