Understanding Family & Medical Leave Act Interference in Wisconsin
Both the Wisconsin Family and Medical Leave Act (WFMLA) and federal Family and Medical Leave Act (FMLA) protect an employee’s right to job-protected leave. WFMLA guarantees eligible employees up to 8 weeks of unpaid leave per year and makes it unlawful for employers to interfere with one’s right to leave and/or retaliate against an employee for using WFMLA leave. Interference goes further than simply denying leave and understanding your rights under this act will ensure you can protect yourself.
Who is Eligible for WFMLA Rights?
Not every employee is eligible for protected leave under WFMLA. This law applies to all public employers, private schools, government agencies, and private employers with 50+ employees working at least 6 of the last 12 months. Covered employees must work 1,000 hours in the 52-week period before leave. WFMLA guarantees up to 6 weeks leave for the birth or adoption of a child, up to 2 weeks for the care of a family member with a serious medical condition, or up to 2 weeks for one’s own serious medical condition that interferes with one’s ability to work. Additional federal protections are offered for the placement of a foster child or the care of a covered military service member.
What Does Employer WFMLA Interference and Retaliation Look Like?
The most obvious act of leave interference is an employer denying your leave, but there are more subtle forms that are important to understand. Eligible employees are also protected against retaliation from an employer for requesting and/or taking leave. This can take the form of, manipulating one’s hours to avoid FMLA responsibilities, using a leave request as a negative factor in performance reviews and promotion considerations, and counting leave under no fault attendance policies. Discouraging leave is also prohibited under FMLA and employers must maintain the same level of health benefits while an employee is on leave. Further, FMLA protects other employees and non-employees from retaliation for assisting someone in learning about, requesting, or taking leave.
What Can I Recover in a WFMLA Case?
If your claim is successful and it’s determined that you were subjected to WFMLA interference or retaliation, you may be entitled to recover lost wages, as well as attorney fees and costs. Reinstatement to your former position may also be available, depending on the circumstances. While monetary penalties may be imposed against the employer, those penalties are not paid directly to the individual employee.
WFMLA provides important protections for employees across Wisconsin. Understanding your rights under the law is key to maintaining a healthy work-life balance and protecting yourself from unlawful employer conduct. If you believe you have experienced WFMLA interference or retaliation, contact Walcheske & Luzi to discuss your options.