Family Medical Leave Act

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to 12 work weeks of unpaid leave during any 12-month period for certain qualifying reasons, such as for the employee’s own serious medical reasons or to care for an immediate family member. The FMLA defines an “eligible employee” as an employee who has been employed (1) for at least 12 months by the employer, and (2) for at least 1,250 “hours of service” with such employer during the previous 12-month period. For an employer to be subject to the FMLA, an employee must work at a location where the company employs 50 or more employees within 75 miles. In addition to providing a right to unpaid leave in certain situations, the FMLA also protects employees from discrimination or retaliation for exercising their substantive rights under the FMLA.

In addition, the Wisconsin Family Medical Leave Act provides eligible employees with the right to take certain leave and be protected from discrimination or retaliation for exercising their rights under the Act. The Wisconsin FMLA has different eligibility requirements and different protections than the federal FMLA.

If you believe that your rights under the FMLA have been violated, contact our office at (504) 603-1500 or (414) 268-6100.