State FMLA – Wis. Stat. § 103.10

Covered Employers: Employers in the state who employed at least 50 individuals on a permanent basis for at least 6 months in the preceding 12 month period. For purposes of calculating the number of employees for the coverage threshold, all employees, not only employees working in Wisconsin, must be counted.

Employee Eligibility: Employees who have been employed by a covered employer for more than 52 consecutive weeks and for at least 1,000 hours during the preceding 52 week period. Hours actually worked plus the hours the employee was on a paid leave (including paid vacation and sick leave) are included when determining whether the employee worked 1,000 hours.

Entitlement: Leave for:

• The birth of the employee's natural child; or

• The placement of a child with the employee for adoption or as a precondition to adoption, but not both

Eligible employees may take up to 6 weeks of family leave in a 12-month period for the birth or adoption of a child. Leave must begin no earlier than 16 weeks before the estimated date of birth or placement and no later
than 16 weeks after the child's birth or placement.

Other leaves part of the Wisconsin Statute:
Eligible employees may take up to 2 weeks of leave to care for a child, spouse, domestic partner or parent with a serious health condition.

The total amount of family leave taken cannot exceed 8 weeks in a calendar year.

Leave may be taken intermittently, including in increments less than a full workday if the employer allows any other leave to be taken in increments of less than a full workday. The duration of the shortest increment available to the employee under the act shall be equal to the shortest increment the employer allows to be taken by that employee for any other non-emergency leave.
12-month period means a calendar year beginning January 1 and ending December 31.

Employer Notice: Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights.

Employee Notice: Employees must make every effort to give advanced notice in a reasonable and practicable manner of the anticipated need for leave.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Not specified for birth or bonding.

Paid?: No, but an employee may choose to substitute accrued paid or unpaid leave of any other type provided by the employer. The employer may not require an employee to substitute any other paid or unpaid leave available to the employee for either family or medical leave under the act.

Benefits: Employer shall maintain group health insurance coverage under the conditions that applied immediately before the family leave or medical leave began.

Reinstatement: Employees returning as scheduled from family leave must be reinstated to their former position if vacant, or, if not vacant, to an equivalent position with the same pay, benefits, shift, hours and other terms and conditions of employment.

Other Important Definitions/Requirements: Leave to bond with a foster child is covered to the extent that foster care is a precondition to adoption.

Absence Specifications