These acts provide eligible employees of up to 12 weeks of job-protected leave in a 12-month period. They also guarantee continued medical insurance benefits while the employee is on leave (provided the employee continues to pay any portion of the premium which the employee would ordinarily be responsible for). They also guarantee that employees on leave may return to the position held prior to leave or an equivalent position at the same or equivalent rate of pay and benefits.
Difference
between FMLA & WFMLA
The Federal Family Medical Leave Act provides eligible employees with up to 12 work weeks per year of job-protected leave with continued medical benefits for the following reasons: to care for the employee’s newborn son or daughter, because of adoption or foster placement of a child with the employee, to care for the employee’s spouse, son or daughter or parent who has a serious health condition, or because of the employee’s own serious health condition. The Wisconsin FMLA provides for six weeks for the birth, placement or adoption of a child, two weeks for the care of a seriously ill child, spouse or parent and two weeks for an employee’s own serious health condition. The act also guarantees that employees on leave may return to the position held prior to leave or an equivalent position at the same or equivalent rate of pay and benefits. To be eligible for an FMLA leave under Wisconsin law, an employee must have worked at least 52 consecutive weeks and 1000 hours in the 52 weeks preceding the leave. The Federal FMLA requires that a person have been employed for at least 12 months (need not be consecutive) preceding the leave and employed at least 1250 hours during the previous 12 months.
University
of Wisconsin-La Crosse Statement on FMLA
Benefits under the Family Medical Leave Act are guided by two laws: The Federal Family Medical Leave Act of 1993 (FMLA) and the Wisconsin Family Medical Leave Act (WFMLA). When the statutes differ, the FMLA explicitly provides that the states may afford employees more expansive leave rights than those granted under federal law. Therefore, when the FMLA and the WFMLA do not match, the most liberal interpretation is granted the employee. This policy will contain the most liberal interpretation and therefore is a combination of the FMLA and the WFMLA.