Federal and Wisconsin Family and Medical Leave Act


The Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (WFMLA) provide you with the right to take job-protected leave with continued medical benefits when you need time off from work to care for yourself or a family member who is seriously ill, to care for a newborn or newly adopted child, or to attend to the affairs of a family member who is called to covered active duty in the military.

Eligibility:

For eligibility purposes, all State of Wisconsin employers, including the University of Wisconsin System are considered one employer.

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.

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 eligibility is coordinated with the provisions of WFMLA and leave benefits provided under administrative rules of the Secretary of the Office of State Employment Relations (OSER) or the applicable collective bargaining agreement.  Qualifying leave will be counted concurrently towards the employee's entitlement under the federal law, state law and any eligibility under administrative rule or the applicable collective bargaining agreement.

Leave Entitlement:

All leave entitlements, except FMLA leave to provide care for an injured or ill military service member which is based upon a single 12-month period, are based on a calendar year basis for classified employees and a fiscal year basis (July 1 to June 30) for unclassified employees.

FMLA:  You are allowed up to 12 workweeks of leave in a 12-month period 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 - the leave must conclude within 12 months of the event.
  • To care for your spouse, child* or parent who has a serious health condition.
  • To seek treatment for your serious health condition.
  • For any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active duty status.

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, domestic partner or parent with a serious health condition. 
  • 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.

*A child is a son or daughter who is a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis to the child.

Federal and Wisconsin Family and Medical Leave Act Forms:

Employee Request Form - An employee completes this form to request FMLA and/or WFMLA leave. An employee who requests WFMLA leave to care for a domestic partner or a domestic partner's parent must complete this form in order to certify the domestic partnership for WFMLA purposes.

FMLA Certification Forms:

Employee's Serious Health Condition - Employee's health care provider must complete this form to certify the employee's serious health condition.

Family Member's Serious Health Condition - The employee's family member's health care provider must complete this form to certify the family member's serious health condition.

Serious Injury or Illness of Covered Servicemember for Military Family Leave - An employee must complete this form if the employee requests FMLA-protected leave to care for a covered military servicemember who is a family member or next of kin and who is seriously ill or injured.

Qualifying Exigency for Military Family Leave - An employee must complete this form to certify the exigency that was created because a family member was called to covered active military duty.

WFMLA Certification Forms:

Employee's Serious Health Condition - If an employee is taking a WFMLA only leave (employee does not qualify for federal FMLA), the employee should use this WFMLA compliant form to certify his or her own serious health condition.

Family Member's Serious Health Condition - If an employee is taking a WFMLA only leave (employee does not qualify for federal FMLA), the employee should use this WFMLA compliant form to certify a family member's serious health condition.

For additional information regarding FMLA and/or WFMLA please review the following resources.

FMLA Fact Sheet

WFMLA Fact Sheet

Employee Rights and Responsibilities

Return to Work Certification

UW System Administration

Coordination of leave benefits can be complicated. Please contact the Office of Human Resources to discuss options and eligibility (920) 465-2390.

Rev. 05/01/2013