Family Leave Act Policy
Responsible Office or Person: Human Resources
Date Revised: February 6, 2015
Certain employees may be eligible to take paid or unpaid family or medical leave under federal or Wisconsin law.
Wisconsin law allows employees who have worked at least 1,000 hours in the past 12 months to take the following leaves in a calendar year for one or more of the following reasons:
Federal law allows employees who have worked at least 1,250 hours in the past 12 months to take up to 12 weeks of leave in a calendar year for one or more of the following reasons:
- Up to six weeks of family leave for the birth or adoption of a child.
- Up to two weeks of leave in a calendar year for the care of a child, spouse, domestic partner, or parent or a parent of a spouse or domestic partner with a serious health condition.
- Up to two weeks of medical leave for an employee to care for his/her own serious health condition which renders him/her unable to work.
Federal law allows employees who have worked at least 1,250 hours in the past 12 months to take up to 26 weeks of leave in a calendar year for:
- Family leave for the birth of an employee’s child or because of the placement of a child with the employee for adoption or foster care.
- Family leave to care for a child, spouse, or parent suffering from a serious health condition.
- Medical leave for an employee to care for his/her own serious health condition which renders him/her unable to work.
- Military Caregiver Leave for any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”
Generally, an employee needing to take family leave for birth/adoption/foster care placement should request leave from his/her supervisor at least 30 days in advance of the need. An employee should make reasonable efforts to schedule planned medical treatment so as not to disrupt unduly the operations of the University.
- Military Caregiver Leave to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Generally, employees should provide at least 30 days’ notice for planned medical treatments for themselves or family members, and as much notice as practicable in emergency situations.
You will be required to complete a leave of absence form and a medical certification form which will need to be signed by the health care provider. Failure to return the completed medical certification within 15 days will result in a delay of the leave. These forms are available from the Human Resources Department.
Family and medical leaves are unpaid under federal law. However, your group health insurance and other insurance will remain in effect during the leave as if you continued working. As appropriate, an employee may elect or be required to apply vacation or other accrued compensation during this family or medical leave. As appropriate, an employee on medical leave (for the employee’s own serious health condition) may simultaneously be eligible for and receive disability benefits.
Upon return from family or medical leave, an employee will be returned to the position he/she held immediately prior to the leave if the position is vacant. If the position is not vacant, the employee will be placed in an equivalent employment position.
Additional leave beyond the federal or state leave may be granted by the University in its discretion.
This policy provides an introduction to the rights provision of the family and medical leave laws. Questions you may have about this law should be directed to the Human Resources Department.