FMLA Booklet 2009

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  • 8/13/2019 FMLA Booklet 2009

    1/23Hawks Quindel, S.C. | Milwaukee Office: (414) 271-8650 | Madison Office: (608) 257-0040 | Email: [email protected]

    KNOW YOURFMLA RIGHTS

    Written by Attorney Jeffrey P. Sweetland

    Hawks Quindel, S.C.

    Wisconsin Employment Attorneys(414) 271-8650 or (800) 236-3348

    2009, Jeffrey P. Sweetland, all rights reserved.

    Te inormation in this booklet is provided or general inormation only and does not constitute legal advice.

    http://www.hq-law.com/http://www.hq-law.com/
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    CONTENTS

    Quick Summary o State and FederalFMLA Rights

    Introduction What is FMLA Leave?

    Te Greater Benefit Rule

    Coverage Who is Eligible

    Basic FMLA Leave Rights

    Summary How Much FMLA Leave YouCan ake

    Your Employers Notice Obligations

    Giving Notice to Your Employer

    Getting a Doctors Certificate

    Substitution RightsGetting Paid During FMLA Leave

    Summary Substitution o Paid Leave

    Benefits During FMLA Leave

    Returning to Work rom FMLA Leave

    Protecting Your FMLA Rights

    Wisconsin Equal Rights DivisionOffice Locations

    U.S. Department o Labor, Wage, andHour Division

    LET US INTRODUCEOURSELVES

    We are the law firm o HAWKS QUINDEL, S.C.We provide services in the areas o:

    Labor and Employment Law

    Workers Compensation Law Family Law Social Security Disability Law Civil Rights Alternate Dispute Resolution/Mediation

    Our offices are located in:

    Milwaukee 700 W. Michigan Street, Suite 500

    Milwaukee, WI 53233 Call oll-Free: 1-800-236-3348

    Madison 222 W. Washington Avenue, Suite 450 Madison, WI 53703 Call oll-Free: 1-800-610-0040

    Visit our website at: www.hq-law.com

    Do not hesitate to contact us with any legal question.

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    http://www.hq-law.com/http://www.hq-law.com/
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    4. Your employer may substitute sick leave or medicaleave, amily care leave and military caregiver leave, butnot or new child or qualiying exigency leave.

    5. I you do substitute, you must comply with the nor-mal procedural rules applicable to the paid leave, unlessyour employer waives them.

    Wisconsin FMLA

    You are eligible i your employer employs 50 employeesanywhere in Wisconsin, you have worked there at least52 consecutive weeks, and you have worked or beenpaid or at least 1,000 hours in the last 52 weeks.

    Unlike leave under the ederal law, the Wisconsin lawgives you three separate FMLA leave banks. During acalendar year, you are entitled to up to:

    a. New Child Leave- Six workweeks o leave or birthor adoption o a child (must begin within 16 weeks othe birth or adoption);

    b. Family Care Leave- wo workweeks o leave oramily members(s) serious health condition(s); and

    c. Medical Leave- wo workweeks o leave or yourown serious health condition.

    Wisconsin FMLA leave is unpaid, but:

    1. Your employer must maintain your health insurancecoverage on the same basis as i you were working; and

    2. You (but not your employer) may substitute any typeo accrued paid leave or any type o FMLA leave.

    Under the Greater Benet Rule (see next page), youmay choose which type o FMLA you want to use or

    particular leave State or Federal.

    QUICK SUMMARY OFFMLA RIGHTS

    Federal FMLA

    You are eligible i your employer employs 50 employeeswithin 75 miles o your work location, you have workedthere at least 12 months, and you have actually workedat least 1,250 hours in the last 12 months.

    You are entitled to a total o 12 workweeks o leave in auniorm 12-month period or:

    a. New Child Leave- Birth, adoption or oster place-ment o a child (must end within one year afer thebirth, adoption or placement);

    b. Family Car Leave - Family member serious healthcondition(s);

    c. Medical Leave - Your own serious health condi-tion(s); or

    d. Qualifying Exigency Leave- Qualiying exigen-cy(ies) related to a amily members military deploy-ment during wartime, i he or she is in the Reserve orNational Guard.

    You may take up to 26 workweeks o military caregiv-er leave (including the 12 weeks o other FMLA leave)in a single 12-month period to care or a amily memberin the military who is recovering rom a service-con-nected serious injury or illness.

    Federal FMLA leave is unpaid, but:

    1. Your employer must maintain your health insurancecoverage on the same basis as i you were working.

    2. You or your employer may substitute paid vacation,holiday pay, or other personal leave or any FMLA leave.

    3. You may substitute sick leave or medical leave, am-ily care leave and military caregiver leave, i the policyallows or such use, but not or New Child or QualiyingExigency leave.

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    INTRODUCTION:WHAT IS FMLA LEAVE?

    Te Federal Family and Medical Leave Act (FederalFMLA)and the Wisconsin Family and Medical LeaveAct (Wisconsin FMLA)are laws that entitle you to beabsent rom work or particular purposes without ear

    o reprisal rom your employer. Under both laws, youmay take FMLA leave or:

    New Child Leave- Birth or adoption o a child;

    Family Car Leave - Family member serious healthcondition(s); or

    Medical Leave - Your own serious health condi-tion(s).

    Te Federal FMLA also lets you take new child leave orthe oster placement o a child.In 2008, Congress added two more types o FederalFMLA leave or employees with a amily member onactive military duty:

    Qualifying Exigency leave to attend to variousneeds arising rom the wartime deployment o a amilymember in the Military Reserve or National Guard (e.g.,

    short-notice deployment, military events, childcare andschool activities, financial and legal arrangements, ser-vice members rest and recuperation, post-deploymentactivities); and

    Military Caregiver leave to care or a amily mem-ber on active duty who is recovering rom a service-con-nected serious injury or illness that renders him or hermedically unfit to perorm his or her military duties.Unlike qualiying exigency leave, which only appliesto members o the Reserve or National Guard, militarycaregiver leave applies to any service member.

    THE GREATER BENEFIT RULE

    Although many FMLA rights are the same under boththe Federal FMLA and the Wisconsin FMLA, others aredifferent. Some Federal FMLA rights are more generousto employees than the comparable Wisconsin FMLA

    rights. In other situations, the Wisconsin FMLA pro-vides more generous leave rights.

    Under the Federal FMLAs greater benet rule,youas the employee, may choose whichever FMLA providesyou with the rights that work best or you during yourleave. When you do, make sure you tell your employerwhich FMLA you are using.

    Example:You want to take 8 weeks o FMLA leave or

    the birth o your child. You want to substitute paid sickleave so you can save up paid vacation. Under WisconsinFMLA you can substitute sick leave or childbirth leavebut under Federal FMLA you cant. Not only that, underFederal FMLA, your employer can make you substitutepaid vacation or FMLA leave, even i you dont want toWisconsin FMLA leaves the substitution choice to youbut lets you take only 6 weeks off or childbirth. FederaFMLA lets you take up to 12 weeks.

    Exercising the greater benefit rule, you should tel

    your employer you are using Wisconsin FMLA or thefirst 6 weeks, enabling you to substitute sick leave. Tatway, the employer can use Federal FMLA to make yousubstitute vacation only during the last 2 weeks.

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    COVERAGE:WHO IS ELIGIBLE?

    How do I know if I am eligible for FMLA leave?

    You are eligible or Federal FMLA leave i:

    1. You have worked or your employer at least a totalo 12 months beore the leave (as long as no part othe 12 months occurred prior to a 7-year break inservice);2. You actually worked at least 1,250 hours in the last12 months beore the leave (average 25 hours perweek or 50 weeks; but paid time off or vacation,sick leave or previous FMLA leave doesnt count);and

    3. Your employer employs at least 50 employeeswithin 75 miles o your worksite.

    You are eligible or Wisconsin FMLA leave i:

    1. You have worked or your employer or at least 52consecutive weeks beore the leave;

    2. You have worked or been paid or at least 1,000hours in the last 52 weeks beore the leave (average

    20 hours per week or 50 weeks; and paid time offor vacation, sick leave, etc., does count); and

    3. Your employer employs at least 50 employeesanywhere in the State.

    Is FMLA only for mothers, or can fathers takeFMLA leave, too?

    FMLA is or both mothers and fathers. FMLA entitles

    both parents to take time off rom work because o thearrival o a new child into the amily, to take care o aloved one, and to deal with their own serious healthconditions.

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    What family members can I take FMLA leaveto care for?

    Under Federal FMLA, your qualiying amily membersare your son, daughter, spouse, or parent.

    Under the Wisconsin FMLA, you can take amily care

    leave to care or your child, your spouse, your parent, oryour spouses parent. You can take amily care leave tocare or your parents-in-law only under the WisconsinFMLA. Starting July 1, 2009, you can also use Wiscon-sin amily care leave to care or your domestic partneror your domestic partners parents.

    Under Federal FMLA, you can take military caregiverleave as long as you are the service members spouse,son, daughter, parent or next o kin (nearest blood rel-ative unless the service member has designated another

    one).

    Does my child have to be a biological child?

    No. Your son or daughter can be a biological, adoptedor oster child, a stepchild, or legal ward. Under FederalFMLA only, he or she can also be a child with whomyou stand in loco parentis, taking day-to-day respon-sibility or his or her care and support. A child o yourdomestic partner does not qualiy under either Federaor Wisconsin FMLA.

    Can I still take FMLA leave to care for my childif he or she is an adult?

    Under Wisconsin FMLA, i your child is 18 years o ageor older, you can take FMLA leave to care or your childonly i he or she is unable to care or himsel or herselbecause o a serious health condition. You can take Fed-

    eral FMLA amily care leave to care or your adult childonly i the childs inability to care or himsel or her-sel is due to a disability that substantially limits one ormore o his or her major lie activities. It is much easierto prove serious health condition than disability.

    Tere is no age limit or either qualiying exigency or

    military caregiver leave.

    BASIC FMLA LEAVE RIGHTS

    What leave can I take for the birth, adoptionor foster placement of a child?

    Under Federal FMLA you may take a total o 12 weeksoff or all qualiying reasons, except military caregiv-

    er leave, in a 52-week period. You may elect to use asmany o those weeks as you want or the birth, adoptionor oster placement o a child. However, all such leavemust be completed within one year o the birth, adop-tion or placement.

    Under Wisconsin FMLA you may take a total o 6 weekso leave or the birth or adoption o a child. You mustbegin your leave within 16 weeks o your childs birth orplacement or adoption.

    Note: Wisconsin FMLA leave is not available or osterplacement o a child.

    When I take FMLA new child leave, can I takepart of my leave now and the rest at a later

    time?

    Only under Wisconsin FMLA. You may take your newchild leave on an intermittent basis, dividing it into seg-

    ments. However, the last segment must begin within 16weeks afer the birth or adoption. I you take intermit-tent leave, you must comply with the notice require-ments discussed below and schedule your absences sothat they do not unduly disrupt your employers op-erations.You cant split up new child leave under Federal FMLAunless your employer agrees to it. You have to take it allat once.

    When can I take FMLA leave to care for a fam-ily member?

    Under both Federal and Wisconsin FMLA, you maytake amily care leave to care or a amily member whohas a serious health condition as long as the healthcare provider agrees that you are needed or the amilymembers care, including psychological comort.

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    Does my parent have to be my biologicalparent?

    No. Under Federal FMLA, your parent may be eitheryour biological parent or someone who stood in locoparentis to you when you were a child, taking day-to-day responsibility or your care and support. Tat

    would certainly cover your adoptive and oster parentand probably your stepparent.

    Under Wisconsin FMLA, your parent may be your oryour spouses biological or natural parent, adoptive par-ent, oster parent, stepparent, or legal guardian. Start-ing July 1, 2009, your parent may include anyone whostands in such a relationship with your domestic part-ner under Wisconsin FMLA.

    Can I take family leave to take care of mygrandmother or grandfather?

    Not under Wisconsin FMLA at all, and usually not un-der Federal FMLA. You could take amily care leave un-der Federal FMLA to care or your grandparent only iyour grandparent stood in loco parentis to you whenyou were a child, taking day-to-day responsibility oryour care and support.

    What is a serious health condition?

    A serious health condition is a disabling illness, injuryor impairment that involves either:

    inpatient hospitalization or

    continuous outpatient treatment or supervision bya health care provider.

    What is continuing outpatient treatment orsupervision?

    Under the Federal FMLA, serious health conditionsrequiring continuing outpatient treatment or supervi-sion include pregnancy, chronic, permanent or long-term illnesses. Tey also include any condition that re-quires either:

    two or more visits to a health care provider, as longas the first visit occurs within seven days o the onsetand the second one occurs within 30 days o onsetabsent extenuating circumstances; or

    one visit to a health care provider (within sevendays o the onset) ollowed by a regimen o continu-ing care under his or her supervision, such as pre-

    scription medication.

    However, the last two situations qualiy only i the con-dition incapacitates the individual or more than threeconsecutive calendar days.

    A qualiying chronic condition must require at least twotreatment visits per year. It does not require three dayso incapacity.

    Under the Wisconsin FMLA, an illness qualifies as a se-rious health condition requiring continuing outpatienttreatment or supervision only i it necessitates two ormore visits to a health care provider. As long as that re-quirement is satisfied, there is no minimum period odisability.

    What kind of care do I need to provide to myfamily member to qualify for family leave?

    Whatever care your amily members doctor believesis medically necessary or his or her care or treatmentboth physical and psychological. It includes situationswhere the amily member is unable to care or or trans-port himsel or hersel. It also includes providing psy-chological comort to the amily member. As long asyour presence is needed or the persons care, it doesnot matter i other amily members are also present oravailable.

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    your 12 weeks among new child leave, amily care leaveyour own medical leave, and qualiying exigency leaveHowever, you may not use more than a total o 12 weeksor any combination o these reasons in the appropriate52-week period.

    Under Wisconsin FMLA, you can use:

    up to 2 weeks of family care leave a year to care foramily members with serious health conditions, and

    up to 2 weeks of medical leave a year for your ownserious health conditions.

    Tese are separate leave allowances. You may not mixand match under the Wisconsin FMLA. You may notake unused amily care leave and add it to medicaleave to give yoursel 4 weeks o leave or your own seri-

    ous health condition rather than 2 weeks.

    If two or more members of my family have se-rious health conditions in the same year, howmuch FMLA leave may I take to care for them?

    Your amily care leave allowance is the total amount youmay take in a year. I several amily members have seri-ous health conditions during the year, you can only takeup to a total o two weeks under Wisconsin FMLA to

    care or all o them. You may use your entire 12 weekso Federal FMLA leave to care or all o them.

    Do I have to use both Wisconsin and FederaFMLA at the same time, or can I take one and

    then the other?

    It depends on whether they are or the same or differentcategories o leave.

    I the leave you are taking under the Wisconsin andFederal FMLA is or the same category o leave, youhave to take both at the same time (concurrently).

    Example 1:I you take 6 weeks o Wisconsin FMLAleave or the birth o a child, then that will alsocount as 6 weeks o Federal FMLA leave. You can-not claim 18 weeks o new child leave by taking 12weeks o Federal

    Can I take FMLA leave if I am sick?

    Yes, you can take medical leave under FMLA or yourown serious health condition.

    CAUTION: WHAT ABOUT CHICKEN POX OR ACOLD?

    We all know what happens when a child has chickenpox. He or she usually has to stay home or a week -away rom other children in school, day care, etc. Tisofen means that a parent must stay at home with thechild.

    We also know what the treatment is - plenty o liquidsand plenty o rest at home. Most children with chickenpox dont need to see the doctor at all. I the child doesneed to see the doctor, it is usually not more than once.

    Te same rules apply. Unless your child needs to see thedoctor at least twice or be admitted to the hospital asan in-patient, he or she does not have a serious healthcondition under the Wisconsin FMLA. Tis meansthat, even though you may have to stay home with yourchild or a week, you cannot claim the time as Wiscon-sin FMLA leave.I your child only needs to see the doctor once, it mightcount under Federal FMLA, i the doctor prescribes

    medication or some other regimen o treatment un-der his or her supervision, and the illness disables yourchild or more than 3 days.

    Te same rules also apply i you are unable to go to workor several days because o a severe cold. I you dontmeet at least one o the above criteria, your cold is nota serious health condition or which you could claimFMLA leave.

    How much FMLA leave may I take for my ownor a family members serious health condition?

    As stated earlier, under Federal FMLA, you get a totalo 12 weeks in a 52-week period or all qualiying rea-sons except military caregiver leave. I you need to useall 12 weeks or amily care leave, you may. You may alsouse all 12 weeks as medical leave or your own serioushealth condition. You may mix and match by dividing

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    FMLA leave ollowed by 6 more weeks o WisconsinFMLA leave, or vice versa.

    However, your use o Federal FMLA leave or onecategory o leave will not affect the availability o theother categories o Wisconsin FMLA. Remember,Wisconsin FMLA provides you with 3 separate leavebanks 6 weeks or new child leave and 2 weeks

    each or amily and medical leave. Leave takenor one reason under the Federal FMLA (even all12 weeks) does not use up any o your WisconsinFMLA leave available or a different reason.

    Example 2:You take 12 weeks o leave or your ownserious health condition. Tis exhausts all o youravailable Federal FMLA leave and your 2 weeks oWisconsin medical leave. It does not affect yourWisconsin new child and amily care leave banks.

    Later in the same year your child has a serioushealth condition requiring your care. Even thoughyou have no more Federal leave available, you arestill entitled to take 2 weeks o Wisconsin amilycare leave to care or your child.

    Example 3:As a result o complications duringchildbirth, your remain on bed-rest under yourdoctors care or 8 weeks. Even though your serioushealth condition was precipitated by childbirth, yourabsence rom work during these 8 weeks is medical

    leave, not new child leave. During that time you ex-haust 8 weeks o Federal FMLA leave, but only your2 weeks o Wisconsin medical leave.

    You are still entitled to 6 more weeks o Wisconsinnew child leave, as long as you begin it within 16weeks afer birth and you gave your employer prop-er notice. Four o those 6 weeks will also count asyour remaining Federal FMLA leave.

    Example 4:You use all 12 weeks o your FederalFMLA leave or qualiying exigency leaves necessi-tated by your National Guard husbands deploymentto a war zone. Since Wisconsin FMLA is not avail-able or such qualiying exigencies, the exhaustion oyour Federal FMLA allotment will not affect any oyour available Wisconsin FMLA leave.

    If I am taking FMLA leave due to my own or afamily members serious health condition, do have to take all of the time off at once?

    No. You do not need to take any more time off at anyone time than is medically necessary. You may split upthe leave necessitated by a particular serious health con-

    dition and take it on an intermittent basis, whether itis your own or a amily members. I the serious healthcondition requires you to reduce your hours, you maytake FMLA leave on a reduced leave basis. However, theFederal FMLA requires that you provide reasonable no-tice to your employer o any planned or anticipated ab-sences, as discussed below. Wisconsin FMLA requiresyou to schedule your partial leave absences so thatthey do not unduly disrupt your employers opera-tions.

    Can I use FMLA leave to cover periodic doctor

    visits or treatment or therapy sessions?

    Yes, as long as the absence is related to a serious healthcondition. Continuing treatment or therapy or a par-ticular condition will generally qualiy. However, rou-tine physical or dental exams will not.

    If I need to take part of a day off for treatmentor therapy under FMLA, can my employer re-quire me to remain off the rest of the day?

    Not i you are using Federal FMLA leave. Your employ-er may not require you to take any more FMLA leavethan is medically necessary. However, your employermay require you to be off work up to the shortest pe-riod o time that its payroll system uses to account orabsences or use o leave, provided it is one hour or less.

    Exception: I it is physically impossible or you tobegin or leave work midway through your shif (e.g. iyou are a flight attendant and have to miss your crewstranscontinental flight due to a one-hour medical pro-cedure), then the employer may charge the entire dayas FMLA leave.

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    I you are using Wisconsin FMLA leave, your employermay require you to be off up to the shortest incremento a day it would allow you to take off or any othernon-emergency leave.I it does not allow non-emergency leaves o less than aday, then it could require you to remain out the wholeday or Wisconsin FMLA leave.

    How do I know how much FMLA leave I stillhave available if I have used intermittent, re-duced or partial leave?

    Under Federal FMLA, since the actual workweek is thebasis o leave entitlement, the amount o FMLA leavetaken is measured in ractions o weeks. For any weekin which the employee took FMLA leave, the amount o

    time actually worked is compared with the amount otime the employee would otherwise have worked.

    Example: I an employee, who is scheduled to work30 hours in a particular week, has to be absent or 10hours due to a serious health condition, he has used1/3 o a week o FMLA leave. On the other hand, ihe had been scheduled to work 40 hours, he wouldhave used only 1/4 o a week.

    I an employee, whose schedule varies rom week toweek, takes FMLA leave in a particular week, the em-ployer may employ a weekly average o the employeeshours, based on the previous 12 months, only i it is un-able to determine with any certainty how many hoursthe employee would have worked i he or she hadnt tak-en the leave.

    Under Wisconsin FMLA, a week o partial leavemeans leave totaling 5 days that would otherwise havebeen workdays or the employee.

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    SPECIAL PROBLEM:FIREFIGHTER SCHEDULES

    Most Wisconsin firefighters work three 24-hour dutydays in a 9-day period under either a Chicago sched-ule or a Caliornia schedule. Firefighters working aChicago schedule work every third day. Tose working

    a Caliornia schedule work every other day, with thethird work day ollowed by our days off. Tese workschedules, especially the Caliornia plan, do not fit neat-ly into the FMLA leave allotments, which are measuredin weeks.

    When a firefighter takes his or her ull allotment oleave at once, Federal FMLA measure the leave entitle-ment by the number o days the employee would haveactually worked during the applicable 12- or 26-week

    period. So does Wisconsin during the applicable 2- or6-week period.

    Tis means, or example, that, i a firefighter needs 2weeks o amily care leave to care or his wie, Wiscon-sin FMLA will cover his absence or the entire 2-weekperiod, regardless o how many days he was scheduledto work during that time. I he is on a Caliornia sched-ule and starts his leave on the first day o a duty cycle,FMLA would protect 6 days o absence; i he starts onthe second day, it protects 5; and i he starts on the third

    day, it protects only 4.

    I a firefighter takes his or her FMLA leave in incre-ments, how much total leave does he or she use eachtime? Under the Federal FMLA, the usual raction-al-week method should be employed. Even though thenumber o days a firefighter will work in any particularweek may vary, especially on the Caliornia schedule,the chie can determine with reasonable certainty howmany hours the firefighter is otherwise scheduled towork, so averaging would not be appropriate.

    Under the Wisconsin FMLA, firefighters partial FMLAleave usage is calculated on the basis o a 56-hour av-erage workweek. Tat is, whenever the firefighter hasused 56 hours, he has used one o his Wisconsin FMLAweeks.

    How much qualifying exigency leave can take?

    Qualiying exigency leave is available on the same basisas other Federal FMLA: 12 weeks in a 12-month period

    How much military caregiver leave can I take?

    An employee may take up to 26 weeks in a single12-month period to care or a military amily memberwith a service-connected injury or illness. Te 12-monthperiod begins when the employee first takes leave. Te26-week allotment includes any other FMLA leave theemployee may use during that 12-month period. Te12-month period is not renewable. However, militarycaregiver leave is available on a per service member, perinjury basis.

    Example:An employee has both a husband and ason in a war zone. Her husband is wounded, andshe first leaves work to care or him on March 1,2009. She will have until February 28, 2010, to use26 weeks o leave to care or him. Te ollowing allher son is wounded. Her first absence to care orhim occurs on December 1, 2009. She is entitled toanother 26 weeks o leave to care or him, which shemust use by November 30, 2010.

    After I have used FMLA leave, when is it re-stored to me so that I can use it again?

    Remember that you can use 12 weeks o Federal FMLAleave in a 12-month period. Your employer gets tochoose the 12-month period applicable to all o its em-ployees. It may choose a calendar year or a fiscal yearMost employers, however, choose a rolling 12-monthFMLA year, looking back 12 months rom any date that

    you want to take FMLA leave.

    Example 1:You are scheduled or surgery on Feb-ruary 2, 2010. You ask or 2 weeks o FMLA leavebeginning February 1, 2010. However, you took 12weeks o Federal FMLA leave during the summer o2009 when your child was born. Since the employ-er can look back to any leave taken since February1, 2009, you do not have any Federal FMLA leaveavailable to cover your absence.

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    Example 2:Same situation, but this time your 12weeks o Federal FMLA leave or the birth o yourchild began in January 2009 and ended 9 weeks aferFebruary 1, 2009. Since you have taken only 9 weekso FMLA leave since February 1, 2009, you have 3weeks available - enough to cover your 2 weeks orequested medical leave.

    Exception:Remember that military caregiver leave isnon-renewable. All leave under the Wisconsin FMLAmust be measured on a calendar year basis.

    Example 3:You are scheduled or surgery on Feb-ruary 2, 2010. You ask or 2 weeks o FMLA medicalleave beginning February 1, 2010. However, youtook 2 weeks o FMLA medical leave in December2009 when you had pneumonia. Since your em-ployer must measure your use o medical leave on a

    calendar year basis, your ull bank was restored onJanuary 1, 2010. Tereore, your use o medical leavein December 2009 has no effect on the amount omedical leave that you can take in February 2010.You can take the ull two weeks.

    Exception:Under the Wisconsin FMLA, you can onlytake a total o 6 weeks o amily care leave or the birthor adoption o any one child. Consequently, even iyour child is born near the end o a calendar year, youcannot double up 2 periods o 6-week amily care

    leave rom the 2 successive calendar years to get 12weeks o childbirth leave under the Wisconsin FMLA.

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    You may each take up to 2 weeks of medical leaveor your own serious health condition.

    Under Federal FMLA, it depends on the reason or theFMLA leave. You may each take 12 weeks o FMLAleave or:

    Te serious health condition of either spouse;

    Your childs serious health condition; or

    Qualifying exigencies related to your Reserve orNational Guard amily members deployment.

    You may take a total o 12 weeks between you or:

    Te birth, adoption or placement of a child, or

    A parents serious health condition.

    Example 1: You and your spouse work or the sameemployer. You each use 4 weeks o Federal FMLAleave in connection with the birth o your child.Later in the same year, your spouses ather gets sick.Since you and your spouse used a total o 8 weekso childbirth leave, your spouse can only use up to4 weeks o FMLA leave to care or his or her ather,since the leave is subject to the combined 12-weekmaximum. You cannot take Federal FMLA leave to

    care or your ather-in-law. However, you could take2 weeks under Wisconsin FMLA to care or him.Example 2:Same acts, except this time your inantchild, rather than your spouses ather, gets very sicklater in the year. Since you and your spouse eachtook 4 weeks o childbirth leave, you may each takeup to 8 weeks o leave to care or the sick child sincea childs serious health condition is not subject tothe combined 12-week maximum.

    You may take a total o 26 weeks between you or mili-tary caregiver leave.

    SUMMARY - HOW MUCH FMLALEAVE YOU CAN TAKE?

    Under the Federal FMLA, you can take a total 12 weekso leave or any or all FMLA reasons in a 12-month pe-riod. It is a mix and match policy. Te 12 months maybe a rolling 12 months, i the employer uses that or

    all o its employees. You may take 26 weeks o militarycaregiver leave in a single 12-month period, but that26 weeks has to include any other FMLA leave takenduring that 12-month period.

    Under the Wisconsin FMLA you can take any o the ol-lowing in any calendar year:

    6 weeks of new child leave for birth or adoption ofa child, but no more than a total o 6 weeks or any

    one child

    2 weeks of family care leave to care for familymembers with serious health conditions

    2 weeks of medical leave because of your own seri-ous health conditions

    Tis is not mix and match. You cant move weeks rombirth and adoption leave to cover medical leave simplybecause you are out with a serious health condition lon-

    ger than 2 weeks and you are not bringing a new childinto the amily in the same year. By the same token, youruse o Federal FMLA (even all 12 weeks o it) or onecategory o leave does not affect your Wisconsin FMLAentitlements or the other categories o leave.

    If my spouse and I work for the same employ-er, can we both take FMLA leave?

    Under Wisconsin FMLA, you are both entitled to takeyour ull allotment o FMLA leave each year, regardlesso the reason or taking the leave.

    You may each take up to 6 weeks of family careleave or the birth, or adoption o a child. You may each take up to 2 weeks of family careleave to care or a sick amily member, includingeach other.

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    In addition, within 5 business days afer the employ-er receives enough inormation to decide whether theleave qualifies or FMLA (e.g. medical certification)the employer must provide the employee with a writtendesignation notice inorming the employee whetherthe employer will count the leave as FMLA leave and, idenied, the reason or denial (e.g., not or a qualiyingreason, FMLA already exhausted, etc.).

    YOUR EMPLOYERSNOTICE OBLIGATIONS

    What general information does an employerhave to give its employees about their FMLArights and responsibilities?

    Both Federal and Wisconsin FMLAs require an em-ployer to post government-approved notices o employ-ee FMLA rights and responsibilities. Under the FederalFMLA, such notice should also be included in any em-ployee handbook.

    Does my employer have to give me any infor-mation about my FMLA rights and responsibil-ities when I request FMLA leave?

    Under Federal FMLA, within 5 business days afer itlearns o an employees need or leave, the employermust provide the employee with:

    Oral or written eligibility notice as to whetherthe employee meets the FMLA eligibility require-ments; and

    Written rights and responsibilities notice inform-

    ing the employee o certification requirements, sub-stitution rights, whether the employer will requiresubstitution, health insurance maintenance andother pertinent inormation; and

    Any medical certication forms that the employerwill require or a serious health condition.

    In addition, within 5 business days afer the employ-er receives enough inormation to decide whether theleave qualifies or FMLA (e.g. medical certification), the

    employer must provide the employee with:

    Written designation notice informing the em-ployee whether the employer will count the leaveas FMLA leave and, i denied, the reason or denial(e.g., not or a qualiying reason, FMLA alreadyexhausted, etc.)

    Any medical certication forms that the employerwill require or a serious health condition.

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    GETTING A DOCTORSCERTIFICATE

    Can my employer require a doctors certif i-cate?

    Yes, your employer may require a health care provid-ers certificate o your or your amily members serioushealth condition. However, FMLA limits the amounto inormation that has to be provided.

    What information can my employer demandfrom my doctor?

    Your employer is only entitled to the ollowing inor-mation:

    1. Tat you or your amily member have a serioushealth condition;

    2. Te date it commenced and its probable duration;

    3. Te medical acts about the serious health condi-tion;

    4. I you are requesting medical leave or your ownserious health condition, the extent o your inabilityto work or perorm the essential unctions o yourjob.

    Te Federal FMLA allows your employer to ask or theollowing additional inormation:

    5. Whether you will need to take intermittent leaveor reduce your hours;

    6. Inormation about additional treatments; and

    7. Te reasons why you need to be off to care oryour amily member.

    Your employer cannot require a release o your medicarecords as a condition or granting FMLA leave. How-ever, it is your responsibility to provide your employerwith a complete and sufficient medical certification. Iyou dont, your employer may deny the FMLA leave.

    GIVING NOTICE TOYOUR EMPLOYER

    Do I have to give my employer advance no-tice if I want to take FMLA leave?

    Yes, i the need or the leave is oreseeable (or exam-ple in cases o birth or adoption or planned medicaltreatment), you must give reasonable advance notice.I it is not oreseeable (or example, i you becomesuddenly ill or are in an emergency), then you need tonotiy the employer as soon as practicable under thecircumstances. Under Federal FMLA, i the need orleave is oreseeable more than 30 days in advance, thenyou must give the employer at least 30 days notice. I itbecomes oreseeable less than 30 days in advance, thenyou need to notiy the employer as soon as practica-

    ble, which usually means the same or the next busi-ness day.

    What notice do I need to give for intermit-tent FMLA leave?

    I intermittent leave is planned (say or periodic doctorvisits or therapy), you must give the employer reason-able advance notice o the days or times when you ex-pect to be absent rom work, and schedule your leaveso as not to unduly disrupt the employers operations.

    What are the consequences if I dont giveproper notice?

    I you do not provide proper notice, the employermay delay your FMLA leave. I you are absent withoutproper notice, your absence is unprotected and subjectto the employers usual absenteeism rules.

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    What happens if my doctor and the secondopinion doctor chosen by my employer dontagree?

    Te Wisconsin FMLA doesnt say. Under the FederalFMLA, you and your employer then jointly select athird doctor, paid or by the employer. Te third doc-

    tors opinion is final and binding. Both o you have toattempt to agree on the third doctor in good aith.

    What happens if my employer doesnt agreewith my doctor?

    I your employer is not satisfied with your doctors cer-tification, it may require you to obtain a second opin-ion rom a doctor chosen and paid or by the employerIt may not do this with a 6-month recertification.

    What happens if my doctor and the secondopinion doctor chosen by my employer dontagree?

    Te Wisconsin FMLA doesnt say. Under the FederalFMLA, you and your employer then jointly select athird doctor, paid or by the employer. Te third doc-tors opinion is final and binding. Both o you have to

    attempt to agree on the third doctor in good aith.

    How quickly do I have to return the certifica-tion to my employer?

    Your employer may require you to return the complet-ed certification in 15 calendar days. However, it mustgive you additional time i, during that 15-day period,you inorm the employer that you will be unable to

    comply despite your own diligent, good aith efforts.

    What if my employer doesnt consider thecertification sufficient?

    I your employer claims your certification is incom-plete or insufficient, it must state in writing what in-ormation is missing and give you an additional 7 dayswithin which to provide it.

    How often can my employer require a doc-tors certif icate for the same serious healthcondition?

    Generally, not more ofen than every 30 days. I theoriginal certificate shows a duration o longer than 30days, then your employer cannot require a new certi-icate until the end o that time period. Under the Fed-eral FMLA, i you are absent or 6 months or longer,

    then the employer may require recertification every 6months. Also, the employer may require a new certifi-cation o a chronic serious health condition annually.

    Tere are also exceptions i you request an extension,or i there has been a significant change in the serioushealth condition.

    What happens if my employer doesnt agreewith my doctor?

    I your employer is not satisfied with your doctors cer-tification, it may require you to obtain a second opin-ion rom a doctor chosen and paid or by the employer.It may not do this with a 6-month recertification.

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    Can I substitute sick leave for any kind ofFMLA leave?

    Only under the Wisconsin FMLA. Under the Wiscon-sin FMLA, you can substitute paid sick leave or anytype o FMLA leave even i the sick leave plan other-wise orbids it.

    Under Federal FMLA you can substitute paid sickleave only or:

    Medical leave for your own serious health condi-tion i the sick leave plan would otherwise cover theabsence;

    Family care leave to care for a family memberwith a serious health condition i the sick leave planwould otherwise cover the absence; or

    Military caregiver leave if the sick leave plan wouldotherwise cover the absence.

    You would also have to satisy any procedural require-ments o the paid leave policy as a pre-condition toreceiving payment.Under the Federal FMLA, you can never substitutepaid sick leave or new child or qualiying exigencyleave.

    Example 1:You are taking FMLA leave because youand your spouse are adopting a child. You want tosubstitute paid sick leave or the FMLA leave. Teemployers sick leave plan says it can be used onlyin cases o the employees own illness. I you requestFederal FMLA, you cannot substitute sick leave,since sick leave cannot be substituted or birth oradoption leave. I you request Wisconsin FMLAleave, you can substitute sick leave even though the

    sick leave plan says it can only be used in case oyour own illness.

    Example 2:You are taking time off to care or yourspouse, who is suffering rom a serious health con-dition. You want to substitute paid sick leave or theFMLA leave. Once again, the employers sick leaveplan says it can be used only in cases o the employ-ees own illness. I you request Federal FMLA leave,you cannot substitute sick leave, because the sickleave plan would not otherwise cover the absence

    SUBSTITUTION RIGHTS:GETTING PAID DURINGFMLA LEAVE

    Can I get paid while Im on FMLA leave?

    Yes, i you have accrued paid leave available in a leavebank at work. FMLA leave itsel is unpaid. However,both FMLAs provide or the substitution o accruedpaid leave or otherwise unpaid FMLA leave.

    What do you mean by accrued paid leave?

    Accrued paid leave is paid leave that you have earned,such as vacation, holiday pay, compensatory paid timeoff, and sick leave. It is leave you have in your bank.

    How do I substitute?

    ell your employer that you want to substitute paidleave or FMLA leave. I you have a choice o differentkinds o paid leave available or substitution, tell youremployer which types o leave you want to substituteand in what order.

    Can I substitute vacation or holiday pay forany type of FMLA leave?

    Yes, under Wisconsin FMLA. You can substitute anyaccrued vacation, holiday pay, compensatory time off,or other types o paid personal leave or any type ounpaid Wisconsin FMLA leave.

    Te Federal FMLA itsel says the employee may substi-tute any accrued vacation, holiday pay, compensatorytime off, or other types o paid personal leave or anytype o unpaid Federal FMLA leave. However, underrecently adopted Department o Labor regulations,your employer can insist that you satisy any procedur-al requirements o the paid leave policy as a pre-condi-tion to receiving payment.

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    If Im out on workers compensation, can myemployer count that as FMLA leave?

    Yes, as long as your injury otherwise qualifies as a se-rious health condition.

    or a amily members illness. I you request Wiscon-sin FMLA, you can substitute sick leave, since it isaccrued paid leave.

    Can my employer make me substitute paidleave that I have in the bank for FMLA leave?

    Not i you are taking Wisconsin FMLA leave. Te Wis-consin FMLA gives the right o substitution only to theemployee.

    However, i you are taking Federal FMLA leave, youremployer has even greater substitution rights than youhave. Even i you would preer to take FMLA leaveunpaid and leave your leave banks untouched, youremployer can require you to substitute anyway. Youremployer may require you to substitute paid vacation

    or any type o FMLA leave. It can also require you tosubstitute paid sick leave whenever you are out due toyour own or a amily members serious health condi-tion. However, your employer cannot require you tosubstitute sick leave or new child or qualiying exigen-cy leave.

    If I go out on sick leave, can my employertreat my absence as FMLA leave even if Idont want it counted as FMLA leave?

    Your employer can treat it as Federal FMLA leave andcount it against your 12 weeks, as long as your illnessqualifies as a serious health condition.

    Example:You are injured at work and require 12weeks o workers compensation leave. During those12 weeks, you see your doctor every week or treat-ment o the injury. Your injury qualifies as a serioushealth condition under FMLA, and your employer

    may treat all o your workers compensation leave asFederal FMLA leave.

    In some cases, your employer may also be able to treatyour absence as Wisconsin FMLA leave. State regu-lations permit an employer to deem as WisconsinFMLA leave any otherwise qualiying leave that isgranted to an employee under terms that are no lessrestrictive than FMLA leave.

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    BENEFITS DURING FMLA LEAVE

    What benefits do I get while I am on FMLAleave?

    Even i you take FMLA leave unpaid, your employermust continue your health insurance coverage exact-ly as though you were still actively employed. FMLAdoes not require the employer to maintain any otherbenefits or you during your FMLA leave. O course,i you substitute paid leave so that you remain on paystatus during your FMLA leave, you may be entitledto continue receiving benefits under the terms o yourcollective bargaining agreement or your employment.

    Do I have to pay for my health insurancewhile Im on FMLA leave?

    You only have to pay whatever portion o the premi-um you would have had to pay i you had not takenthe leave, as long as you return to work ollowing theleave. I your employer pays the entire premium whenyou are working, it must continue to do so during yourFMLA leave. I your employer pays 80%, and you pay20%, then that arrangement must continue during theleave.

    Can my employer require me to prepayhealth insurance premiums before going onFMLA leave?

    Not under the Federal FMLA.

    Under the Wisconsin FMLA, your employer mayrequire you to deposit 8 weeks worth o premiums

    in an escrow account rom which it can recover thepremiums it paid i you do not return rom leave. Teemployer has to give its employees at least 12 monthsto make the escrow deposits in regular, equal install-ments and must place the deposits in an interest-bear-ing account. Te employer must return any remainingbalance, including interest, to the employee.

    SUMMARY OFSUBSTITUTION OF PAID LEAVE

    You can get paid during FMLA leave only i you sub-stitute other accrued paid leave that you have in thebank.

    Under Wisconsin FMLA, you - and you alone - cansubstitute any kind o accrued paid leave or any kindo FMLA leave, even i the sick leave plan orbids it.

    Under Federal FMLA, your employer has even greatersubstitution rights than you do:

    Both you and your employer may substitute ac-crued paid vacation, holiday pay or other types opersonal leave or any type o FMLA leave.

    Neither you nor your employer may substitutesick leave or new child or qualiying exigency leaveunder Federal FMLA leave.

    Both you and your employer may substitute ac-crued paid sick leave or FMLA leave due to yourown or a amily members serious health condition ithe sick leave plan provides or it.

    Under Federal FMLA, your employer may treat any

    absence due to an FMLA-qualiying reason as FMLAleave even i you dont want it counted as FMLA leave.

    Your substitution rights are much better under Wis-consin FMLA than under Federal FMLA.

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    RETURNING TO WORK FROMFMLA LEAVE

    Am I entitled to go back to the same job Ihad when I went out on FMLA leave?

    Under the Wisconsin FMLA, the answer is yes, i yourold position is vacant. I it is not vacant, then youremployer must place you in an equivalent position. obe equivalent, the new position must have equivalentcompensation, benefits, shif, hours and other termsand conditions o employment, including equivalentjob status, duties, responsibilities, and authority.

    Under the Federal FMLA, your employer must placeyou in either the same position you held beore yourleave or in an equivalent position. Te employer gets

    to choose. o be equivalent, the new position mustbe virtually identical in terms o pay, benefits, andworking conditions, including privileges and status. Itmust involve the same or substantially similar dutiesand responsibilities and entail substantially equivalentskill, effort, responsibility, and authority. Ordinarily, italso means the same shif and same or equivalent workschedule.Tere are some exceptions to the general requirementthat the employee be returned to the same or equiva-

    lent position:

    If you will require intermittent or reduced leaveunder the Federal FMLA, your employer may placeyou in an alternative position that better accom-modates your leave requirements. It must haveequivalent pay and benefits, but not necessarilyequivalent duties.

    If you would have lost your job anyway, for reasons

    unrelated to your FMLA leave, the employer doesnot have to take you back.

    Example 1:Just beore you started an FMLA leave,your employer inormed you that it was investigat-ing charges that you had engaged in some miscon-duct at work. While you are on your FMLA leave,the employer completes its investigation, concludesyou were guilty, and decides to terminate your em-ployment over the misconduct. FMLA will not re-quire the employer to take you back simply because

    If I decide not to return to work after myFMLA leave, can my employer come after me

    for health insurance premiums?

    Yes. I you dont return to work afer your FMLA leavehas expired, the employer is entitled to recover thepremiums that it paid or your health insurance cov-

    erage during your leave. It can deduct those premiumsrom any money still owed to you or it can sue youor them. It can also collect those premiums rom anyescrow account the employee set up under the Wiscon-sin FMLA.

    Exception:Your employer cannot recover health insur-ance premiums rom you i you did not return to workbecause o:

    the continuation, recurrence or onset of a serious

    health condition (either your own or a amily mem-bers) that would qualiy or FMLA leave, or

    other circumstances beyond your control, suchas a layoff, your spouses unexpected transer toa new job location more than 75 miles away, or anon-qualiying relatives serious health condition(such as your grandparent, your sibling, or an in-law).

    What if I return to work and then quit?

    I you remain at work or at least 30 calendar days, theemployer cannot recover health insurance premiumsrom you. I you leave beore the 31st day, the employercan come afer you or them.

    Can I receive unemployment compensationwhile on FMLA leave?

    No, you can not receive unemployment while onFMLA leave.

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    1. aking the entire period o treatment off asFMLA leave; or

    2. ranserring to an available alternate positionwith equivalent pay and benefits during the peri-od o treatment.

    Example 1:You teach school Monday through Fri-

    day. In January, your doctor schedules you or week-ly medical treatments that will require your absencerom school every Tursday during March andApril. Since one day each week is not more than 20percent o the total number o working days duringthe period o treatment, the school may not requireyou to make the above election or March and April.Example 2: Same situation, but your scheduledmedical treatments will require your absence everyuesday and Tursday during March and April. Tis

    time your employer may require you to make theelection or March and April, because you will beabsent more than 20 percent o the total number oworking days during the period o treatment

    Can my employer require me to bring areturn-to-work certification from my doctorafter I have been out on medical leave for myown serious health condition?

    Yes. Under the Federal FMLA, when you return rommedical leave, your employer may require you to pres-ent a written fitness-or-duty certification rom yourdoctor, i the employer imposes the same requirementon all similarly situated employees (same occupation,same serious health condition). Te fitness-or dutycertification may only relate to the serious health con-dition that necessitated the leave.

    Your employer must inorm you that it will require

    fitness-or-duty certification with the designationnotice.

    Te notice of the need for tness-for-duty certi-cation must be in writing, unless the requirement isclearly stated in an employee handbook or other writ-ten documents distributed to employees, in which casethe notice given with the designation notice needonly be given orally.

    you are returning rom an FMLA leave.

    Example 2:While you are on FMLA leave, all theemployees in your department are laid off or lack owork. You would have been laid off at the same timei you had not been on FMLA leave. I the layoff isstill in effect when your FMLA leave ends, FMLAwill not require the employer to put you back to

    work. If the serious health condition for which you re-quired FMLA leave renders you unable to perormone or more essential unctions o your job, theemployer does not have to take you back.

    Are there any different rules if I am a schoolteacher?

    Not under the Wisconsin FMLA.

    Under the Federal FMLA, i you teach in a public orprivate elementary or secondary school, there are somespecial rules designed to minimize the impact of yourFMLA leave on the education o your students:

    Te school may require you to continue federalFMLA leave to the end o the current academic termi your leave starts more than 5 weeks beore the end

    o the term, will last at least 3 weeks, and would endduring the last 3 weeks o the term.

    Te school may require you to continue new-child,amily care leave or military caregiver leave (but notmedical leave) i:

    1. Your leave starts during the last 5 weeks o theterm, will last more than 2 weeks, and would endduring the last 2 weeks o the term; or

    2. Your leave starts during the last 3 weeks o theterm and will last more than 5 days.

    If you will need to take intermittent or reducedamily or medical leave during a particular period otime or planned medical treatment, and the treat-ment will require you to be absent more than 20percent o the total number o working days duringthe period o treatment, the school may require youto choose between:

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    PROTECTING YOURFMLA RIGHTS

    What happens to my job while Im on FMLAleave?

    When your FMLA leave is finished, your employermust return you to your position or to an equivalentposition with equivalent pay, benefits, and conditions.

    Te Federal FMLA also has special rules or schoolemployees.

    Can my employer count FMLA leave againstme under its absenteeism policy?

    No. Your employer may not penalize you for takingFMLA leave. Tis means that FMLA leave cannot becounted as an occurrence under an absenteeism policy

    If I am on medical leave for my own serioushealth condition, can my employer requireme to return to light duty before my doctorreleases me?

    No. Your employer cannot require you to cut shortyour FMLA leave to work light duty, even i it is withinyour medical restrictions. However, i your leave isdue to a work-related injury or illness, you may oreitcertain workers compensation benefits by reusinglight-duty work.

    Note: I you do accept light duty work, your employerhas to count that as work. It cannot count light duty asFMLA leave.

    If I am still not able to return to work after Ihave used all of my available FMLA leave, canmy employer subject me to its absenteeismpolicy or even terminate me?

    Unortunately, FMLA only protects your absenceduring the statutory leave period. Once that expires,FMLA no longer restricts your employers right to

    If your employer requires that the tness-for-dutycertification address your ability to perorm the es-sential unctions o your job, it must so indicate in thedesignation notice and include a list o the essentialunctions.I your employer provides a list o the essential unc-tions, your doctor must certiy your ability to perorm

    those unctions. I it does not provide such a list, yourdoctor must certiy only that you are able to return towork.

    Your employer may generally not require a fit-ness-or-duty certification i you are on an intermittentor reduced leave schedule.

    Exception:I your employer has reasonable saetyconcerns about your ability to perorm your duties,

    based on your serious health conditions, it can requireperiodic certifications, but no more requently thatonce every 30 days.

    Te Wisconsin FMLA is silent on the whole questiono fitness-or-duty certification.

    Can my employer make me see its own doc-tor for a f itness-for-duty evaluation when Ireturn from FMLA leave?

    No. Under the Federal FMLA, your employer may notrequire you to submit to a fitness-or-duty evaluationby its doctor. Your employer may only seek clarifica-tion rom your doctor about the certification, withyour permission. Your employer also may not delayyour return to work while it is seeking clarificationrom your doctor.

    Te Wisconsin FMLA is silent on this question.

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    Te U. S. Department o Labor, Wage, and Hour Divi-sion has offices in Madison and Milwaukee, located at:

    Madison740 Regent St., Ste 102Madison, WI 53715-1233(608) 441-5221(866) 4-USWAGE (487-9243)

    Milwaukee310 W. Wisconsin AvenueMilwaukee, WI 53203(414) 297-1590, Ext. 308

    I you have any questions about FMLA, call AttorneyJeff Sweetland at (414) 271-8650 or at (800) 236-3348.

    Tis inormation is provided or educational purposes

    only and is not to be construed as legal advice in anyparticular situation.

    Written: 9/9/2009Last edited: 9/20/2013

    apply its attendance and discipline policies to yourcontinued absence.

    What can I do if my employer violates myFMLA rights?

    I you believe your employer has violated your rightsunder the Wisconsin FMLA, you must file a complaintwith the Wisconsin Equal Rights Division within 30days afer you learn o the violation.

    Example:On June 1, you tell your employer you wishto take 6 weeks o adoption leave under FMLA begin-ning October 1. On June 15, your employer says no.On June 15 you have notice o the violation o yourWisconsin FMLA rights. You have to file your com-plaint within 30 days o June 15. I you wait until afer

    October 1, when you were going to start the leave, yourcomplaint would be too late.Te Equal Rights Division has offices at the ollowinglocations:

    Madison201 E. Washington Ave.Room A300P.O. Box 8928Madison, WI 53708-8928

    (608) 266-6860

    Eau Claire221 W. Madison StreetEau Claire, WI 54703(715) 836-5153

    I you believe your employer has violated your rightsunder the Federal FMLA, either you or the U. S. De-partment o Labor may file a lawsuit in ederal court

    within 2 years afer you learn o the violation (3 years ithe employer willully violated the FMLA). I the Stateo Wisconsin is your employer, only the Departmento Labor may file such a lawsuit i your claim relates toany type o Federal FMLA leave other than new childleave.

    Milwaukee819 North Sixth St.Room 255Milwaukee, WI 53203(414) 227-4384

    Menasha1802 Appleton RoadMenasha, WI 54952(920) 832-5302