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Prevea Health

Family Medical Leave Act

The Family and Medical Leave Act (FMLA) provides a means for employees to balance their work and family responsibilities by taking unpaid leave for certain reasons. FMLA is intended to promote the stability and economic security of families, as well as the nation’s interest in preserving the integrity of families.


When is the FMLA available?

•    Circumstances under which family medical leave will be granted:
•    Birth of a child and to care for the newborn child
•    Placement of a child with the employee for adoption or foster care
•    Care for a family member (child, spouse or parent) with a serious health condition*
•    Employee’s own serious health condition* which makes the employee unable to perform the functions of his or her job
•    Qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered family member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation
•    To care for a covered service member with a serious injury or illness
* Serious Health Condition: For purposes of FMLA, a serious health condition entitling an employee to FMLA leave means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.


What are the federal FMLA details?

•    Up to a total of twelve (12) work weeks in a twelve month period for the birth, adoption, placement of a child, care of a family member with a serious health condition, the employee’s own health condition, and a qualifying exigency
•    Up to a total of twenty-six (26) work weeks in a twelve month period to care for a covered service member with a serious injury or illness


What are the Wisconsin FMLA details?

•    Up to six (6) weeks for the birth of a child or the placement of a child for adoption
•    Up to two (2) weeks in a calendar year to care for an employee’s parent, child, spouse, or spouse’s parent with a serious health condition
•    Up to two (2) weeks in a calendar year for the employee’s own serious health condition
•    FMLA time used under Wisconsin FMLA runs concurrently with any applicable leave time under Federal FMLA

Which employees are eligible to take FMLA?

To be eligible for FMLA leave, an individual must:
•    Be employed by a covered employer, and work at a worksite within 75 miles of which that employer employs at least 50 people
•    Have worked at least 12 months (which do not have to be consecutive) for the employer
•    Have worked at least 1,250 hours for federal leave, or 1,000 hours for state leave, during the 12 months immediately prior to the date FMLA leave begins
•    If your employer fits the definition of “covered employer,” contact them for further information about their policy.