Absences Under the Family and Medical Leave Act (FMLA)

We have an employee who took four days off to tend to his daughter in the hospital after she received a C-section and another who wants to take three weeks off to assist her sibling going through chemotherapy. Would the absences in both scenarios fall under the Family and Medical Leave Act (FMLA)?

As an employer, it is essential to understand the Family and Medical Leave Act (FMLA) to ensure compliance with both state and federal regulations. FMLA allows employees to take unpaid leave for certain personal and family health-related reasons, while also maintaining their job security and health insurance coverage.

Under Wisconsin’s FMLA, employees are eligible for two weeks of unpaid leave for their own serious health condition. They qualify for two weeks of unpaid leave for the serious health condition of a family member, and six weeks of unpaid leave for the birth or adoption of a child. To qualify for Wisconsin’s FMLA, an employee must have worked for the same employer for more than fifty-two consecutive weeks, and for at least 1,000 hours in that 52-week period.

If the employee is eligible under federal FMLA, they qualify for twelve weeks of unpaid leave. Federal FMLA’s eligibility is also for serious health conditions of oneself and a family member, and for the birth or adoption of a child. If an employee meets the requirements for leave under both state and federal law, the leave is to run concurrently.

Both state and federal laws allow employees to take leave for a “serious health condition,” which includes a disabling physical or mental illness, injury, or impairment. It also includes conditions that require a stay in the hospital or ongoing doctor visits for treatment or care. Family members covered under FMLA include the employee’s child, spouse, domestic partner, parent, parents-in-law, and parents of the domestic partner.

An employee took four days off to take care of his daughter after she gave birth. Both Wisconsin and federal FMLA cover children as family members. If the employee’s daughter requires a stay in the hospital due to a C-section, this would be classified as a serious health condition under both state and federal FMLA. The employee would be eligible for two weeks of unpaid leave under Wisconsin’s FMLA and twelve weeks under FMLA. Take note that the leaves would run concurrently.

Another employee is requesting three weeks off to assist her sibling through chemotherapy. While chemotherapy is a serious health condition, neither Wisconsin nor federal FMLA covers siblings as family members. This means the employee would not be eligible for FMLA leave in this situation, as FMLA covers leave for certain family members, including the employee’s child, spouse, domestic partner, parent, parents-in-law, or parents of the domestic partner.

FMLA helps employees balance work and family responsibilities. As an employer, it is important to ensure compliance with both state and federal FMLA regulations while also providing a supportive environment for employees who need time off for serious health conditions or family matters. Understanding your responsibilities can help you manage these situations effectively, ensuring your employees are treated fairly while maintaining the operational needs of your business.

This article, slightly modified to note recent updates, was featured online in the Wisconsin Employment Law Letter and published by BLR®—Business & Legal Resources. Reproduced here with the permission of BLR®—Business & Legal Resources.