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Introduction The Family and Medical Leave Act, as amended, provides a means of balancing the demands of the workplace with the needs of families, and promoting the stability, integrity, and economic security of families in a manner that accommodates the legitimate interests of employers.

Eligibility To be eligible for FMLA leave, employees must have one year of aggregate State service (employment time preceding breaks in service of seven years or greater is not counted toward aggregate service time), and have worked for at least 1,250 hours during the prior 12 months.

All State employment, for example, Merit and higher education, should be counted. Provisions Eligible employees may take: a) Up to 12 workweeks FMLA leave for serious health conditions of themselves or specified family members.

What is an employee tells us on June 30th they need leave but it is actually not certified by the doctor until July 7th - then when would the leave officially start - the date the doctor signed off on the certification or the first date he put as treatment for the condition?

This includes "Qualifying Exigency Leave" for families of active duty Regular Armed Forces, National Guard and Reserve members to manage their affairs (the eligibility period for this type of leave begins on the first day of FMLA leave and runs for 12 months); b) Up to 26 workweeks Military Caregiver Leave to care for a qualified military family member and qualified veteran (the eligibility period for this type of leave begins on the first day of Military Caregiver Leave and runs for a single 12-month period).

a) To care for an employee's child after birth, or placement for adoption or foster care*; to care for an employee's spouse, son, daughter, or parent who has a serious health condition; or for a serious health condition that renders employees unable to perform their job.

The employer will then retroactively apply the 12 weeks to previous time off.

For your hypothetical: the employer could apply it to either date.


  1. Like employers in every state, Wisconsin must follow the federal Family and Medical Leave Act FMLA, which allows eligible employees to take unpaid leave for certain.

  2. My previous employer offers 26 weeks of paid leave per year 12 weeks FMLA and 12 weeks personal medical. In early December, 07 I

  3. I invoked fmla in November for a legitimate serious condition because of a management change of heart! Earlier in the year, they proposed that I not take.

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