WI FMLA Question

LindaS · July 2004

My understanding of the WIFMLA is that an employer cannot mandate that an EE use any paid time available to them until they have utilized their WIFMLA and are only under the federal. The employee can choose to use paid time but that the employer cannot mandate it.

Is this correct?

My husband's employer's policy states that all paid time must be utilized before any unpaid time. I don't think this is correct but am looking for some additional viewpoints.

Thanks.

Michael Modl WI · July 2004

Your understanding of the Wis FMLA is correct. An employer cannot require an employee to use paid leave but the employee may choose to substitute paid leave.

Michael Modl
Editor, Wisconsin Employment Law Letter
Axley Brynelson, LLP

Don D · July 2004

So, obviously (?) it was intended in your state to be an entitlement tack-on to leave banks, right? Does your state law preclude running FMLA concurrent with vacation time, or does the rule just preclude that once it's WIS FMLA? (Will state legislatures never stop 'helping us out'?)

LindaS · July 2004

You can run vacation and FMLA concurrently you just can't require an employee to use their vacation if they are on approved WIFMLA leave. Basically, it's the employee's choice until the state allotment runs out and the federal takes over.

Mentel · July 2004

You are right. In Wisconsin, the time is unpaid unless the employee wants to use paid time off. The employer cannot mandate it. This does not mean that some employers will not try to mandate it. I am always amazed at how many employers skirt the law. In the last month, my son started a new job and they took his entire clothing allowance off the first check and he was not paid anything. In Wisconsin, they must get at least miminum wage. This employer should have known better. My husband's job was eliminated three weeks ago and the company did not bother to sent COBRA or HIPAA information. This is a big, national firm. So many are clueless!

Sue · July 2004

Our policy in Wisconsin is to require one-half of available vacation be used for all unpaid FMLA leaves. We only apply this after the first two weeks (which are covered by WI FMLA).

WI FMLA Question

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