The Essential Guide to Family & Medical Leave

appendix A | state laws and departments of labor | 335
Wisconsin
Family and Medical Leave Law (Wis. Stat. 103.10)
Covered Employers: Employers with at least 50 permanent employees.
Eligible Employees: Employees who have worked for more than 52 consecutive
weeks and at least 1,000 hours in the preceding 52 weeks.
Types of Leave
• Family Leave: For birth, adoption, or to care for a family member with a
serious health condition; does not cover foster care placements.
• Medical Leave: For the employee’s own serious health condition that
makes him or her unable to do the job.
Amount of Leave
• Family Leave: Up to eight weeks total, consisting of up to:
• six weeks in a calendar year for birth or adoption (leave must begin
within 16 weeks of the child’s birth or placement), and
• two weeks in a calendar year to care for a family member with a
serious health condition.
• Medical Leave: Two weeks in a calendar year for the employee’s serious
health condition.
Family Members: Same family members as FMLA, plus parents-in-law.
Procedural Requirements
• Notice: Must be given in advance in a reasonable and practicable manner
for planned medical treatment, birth, or placement of a child.
• Certification: Employer may require employee to submit certification.
• Paid Leave: Employee may elect to substitute accrued paid or unpaid leave
of any other type provided by the employer.
Reinstatement: Wisconsin has no key employee exception.