Employee Matters

The Employee Compensation and Benefits Services staff prepares this column.

Family and medical leave acts

State and federal family and medical leave acts allow you to take job-protected time off from work. Only a brief introduction is possible here; ask a benefits counselor if you have questions.

Am I eligible for time off under family medical leave acts?
Probably yes. If you worked for the state for 52 consecutive weeks and were paid for at least 1,000 hours during the last 12 months, you are eligible for leave under the Wisconsin and federal acts. If you ever worked for the state for 12 months (not necessarily consecutive) and you were at work for 1,250 hours in the last year you are eligible for federal FMLA.

How much leave can I take, and in what situations?
The Wisconsin Family and Medical Leave Act gives you separate leave entitlements in three situations:

• For your own serious health condition, WFMLA allows you to take up to two workweeks per year.
• To care for a family member with a serious health condition, WFMLA provides two workweeks per year.
• For the birth of a child or placement of a child for adoption, WFMLA provides six workweeks per child. Federal law covers placement of a child for foster care.

Can I work part-time while on family medical leave?
Yes. You may take as little as an hour at a time if it is medically necessary.

Will I get paid while I am taking leave under WFMLA?
Not necessarily. You may choose to take all or some of the leave as unpaid, or to use vacation, banked vacation, or personal holiday time. Sick leave can be used under WFMLA. If federal law only covers leave, eligibility to use sick leave depends on the situation, employment rules and collective bargaining agreements.

What happens to my insurance while I am on leave?
Federal law requires the employer to pay the employer share of the health insurance premium while on FMLA leave as long as you pre-pay your share. Other insurance can be continued by paying the premium or let the coverage lapse and re-enroll when you return to work.

How much notice must I give?
In emergencies, no advance notice is required, but you must notify your supervisor as soon as possible that you believe your absence qualifies for FMLA. If the need can be foreseen, 30 days’ notice should be given. Your employer is allowed to ask you to obtain medical certification for you or a family member. A medical release to return to work may also be required.

What are my rights when I return?
You have the right to be restored to your previous position or another that is equivalent in responsibility, status and authority. You may re-enroll in any insurance plans that lapsed and in any new plans offered during your leave. Reinstatement is not required if your position would have ended had you not been on leave, or if you are unable to perform the essential tasks of your job.

A more complete outline of the law and further references are available at http://www.uwsa.edu/hr/benefits/leave/fmla.htm. UW–Madison’s notice to classified employees about the federal law is online: http://www.ohr.wisc.edu/Forms/FMLA.pdf. Some UW–Madison policies are described in “Balancing Family and Work: UW–Madison Family-Related Leave Policies for Faculty, Academic Staff and Limited Appointees,” http://www.ohr.wisc.edu/polproced/FamilyLeaveBrochure.doc.