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Job Opportunities Wisconsin Medical Leave Laws Wisconsin Family & Medical Leave Act

The Wisconsin Family and Medical Leave Act is not the same the same as the Federal act. The protections are not mutually exclusive of each other, so an employee may be entitled to the rights and protections under one or both of these laws.

The Wisconsin act requires that all employers with 50 or more permanent employees must allow employees of either sex up to six (6) weeks of leave in a twelve-month period for the birth or adoption of a child, up to two (2) weeks of leave in a calendar year for the care of a child, spouse, parent, domestic partner, as defined in § 40.02(1) or 770.01(1), or parent of a domestic partner with a serious health condition and up to two (2) weeks of leave in a twelve-month period for the employee's own serious health condition. The law also states that no one may "interfere with, restrain or deny the exercise of any right" provided under the law and it also prohibits discharging or discriminating against anyone for opposing a practice prohibited under the law, for filing a charge under the law, for assisting in an investigation or other proceeding under the law or for testifying in an investigation or hearing held in relation to rights guaranteed by the law.

All Employers who have 25 or more employees must post a notice which states the employer’s policies for family and medical leave and employers with 50 or more employees must also post, in one or more conspicuous places, a poster developed by the Department, which states the employees’ rights under the law.

For a comparison of the Federal law to the Wisconsin law, you can visit the Wisconsin Department of Workforce Development’s website by clicking here. One important difference is the short period of time most employees have to file a complaint of the Wisconsin law, which is only 30 days. So if you suspect your rights under state law were violated, do not delay in contacting the Wisconsin Department of Workforce Development, Equal Rights Division, to begin the process of filing a complaint.