State of Wisconsin FMLA

HRMaiden

I am the Benefits Administrator for a Wisconsin manufacturing company. We have an employee who was rehired on September 4, 2003. He has met the 1000 hour requirement for the state of Wisconsin FMLA. However, I am not sure if he has met the requirement of 52 consecutive weeks of employement.

My confusion is in when to count these weeks. If he worked 52 consecutive weeks the first time he was employed by us, does that qualify him for FML under Wisconsin FMLA?

I need an answer soon as his continued employment with the company hinges on this question.

LindaS

In taking a quick look through the regulations, it states that an employee must be treated as an employee, by the employer for each of the 52 weeks preceeding the leave request. This means that if an employee was on layoff, or other leave of absence, if they were treated as an employee according to the personnel records it counts as weeks worked.

So for your answer, the employee would need to wait until 52 weeks have passed since his hire date, irrespective of the fact that he met that requirement during his prior tenure of employment. This is no different than if the employee didn't have enough hours in in the preceeding 52 week period, they would not qualify for the leave.

Before making any final decisions regarding termiantion of employment, definitely check with your attorney.