Human Resource Blog

FMLA

We are in Wisconsin - I am under the impression that in Wisconsin I cannot run WFMLA concurrently with WC. I can use the federal FMLA during WC, but not the state.

No. There is no exclusion under Wisconsin law for work-related injuries under the WFMLA. The Wisconsin FMLA permits a covered employee to take up to 2 weeks of unpaid, job-protected leave when he or she has a serious health condition. The federal FMLA permits an employee to take up to 12 weeks of unpaid leave for a serious health condition. Both benefits can and usually do run concurrnetly, so the Wisconsin employee is entitled to a total of 12 weeks of unpaid leave. (The Wisconsin law was passed first, when employees had no federal FMLA rights.)

Both WFMLA and FMLA can run concurrently with time off under Workers Comp.

The primary difference between FMLA and WFMLA is that an employee on FMLA is granted 12 weeks total for all reasons. Once that 12 weeks is used, the employee cannot take any  more time during the 12-month period. However, WFMLA grants up to 6 weeks for the birth of a child, 2 weeks to care for a family member who is seriously ill, and 2 weeks when the employee is seriously ill. So an employee who takes 12 weeks of FMLA for a serious health condition in March, may still be entitled to 6 weeks of unpaid WFMLA in October, when she has a baby or adopts a child.