FMLA and WI

kmaries

I can always use help when it comes to FMLA!

My company is located in WI. We have elected to use a rolling calendar year for FMLA purposes. I have an individual that has been on an intermittent leave of absence for the care of her spouse that exhausted October 26. The supervisor wants to ask that she return to work or we look into other options regarding her employment. We aren't talking terminating her at this point, but I was doing some investigation in case that situation should come up.

After talking with another employee, it was brought to my attention that she still has time available under WI FMLA. It appears that she is eligible for two weeks per calendar year to care for her spouse? Does that mean that she is now eligible for 14 total weeks of leave - 12 weeks of federal and 2 weeks Wisconsin FMLA?

Please assist! I really appreciate it!

LindaS

My company is also located in Wisconsin and understand the confusion regarding the WI FMLA. At my company whenever and employee requests, and is granted FMLA leave, they are notified in writing that the federal and WI FMLA run concurrently. This way the employee is made aware right away how much time they have under the laws. I have attended numerous training sessions regarding the FMLA and the one thing that is always stressed is the importance of making sure everything is in writing prior to, or at the beginning of, the leave.

If the employee was not notified of this fact right away, the situation will probably fall into the "whatever is most favorable to the employee" part of the laws and may be eligible for the additional two weeks. The other thing to keep in mind is setting a precedent and ensuring that all employees following this one are treated the same.

I hope this helps - trying to find your way through the legal maze of the federal and WI FMLA is always tough. In addition, if you do not have a written policy regarding FMLA leave, make sure to have your attorney review it prior to posting.

Pork

I am not in WI, but it would seem that once you run the course of the 12 week FMLA or the total 84 days the situation now turns to your companies' determination of her fate based on your absentee policy. The ee has exhausted all Federal & Most State protection from termination or any other adverse personnel action your policy deems appropriate. Now, are you setting up new policy by "not terminating this ee, under your attentance policy"? We terminate the day following the last date of FMLA! We may choose to re-hire when we choose, but we will not get caught picking and choosing amongst favorate sons/daughters! How can you terminate anyone for absentism? Also as I have expressed before, are you hindering a persons right to a greater disability for life through SSN by keeping this person on your payroll? Interested Pork

england

I am also located in WI. Our policy also states that FMLA and WI FMLA run concurrently. Your ee should only be eligible for 12 weeks.

kmaries

Thanks so much for all your help! That is what I thought, but one of our other specialists went to a seminar and is insisting that the two can not run concurrently.

I appreciate your help!