What the statutes mean

• This law only applies to businesses that employ at least 50 individuals on a permanent basis.

• If you employ at least 25 individuals, you must post in a notice, on a form approved by the state, that explains your employee’s rights to family leave. Even though the law only applies to employers that have more than 50 employees, this “advance warning” requirement applies to employers with more than 25 employees.

• This law only applies to an employee who has been employed by you for more than 52 consecutive weeks and who worked for you for at least 1,000 hours during the preceding 52-week period.

• This law does not apply to your parents, spouse or children that work for you.

•This law applies to children that are less than 18 or children 18 or older that cannot care for themselves.

If all of the above conditions apply:

• An employee may take up to 6 weeks of family leave for the birth of their natural child. The leave must begin within 16 weeks of the child’s birth.

• An employee may take up to 6 weeks of family leave for the placement of a child for adoption or as a precondition for adoption, but not both. The leave must begin within 16 weeks of the child’s placement.

•If an employee has a natural child and adopts in the same 12 month period, their combined total for both family leaves cannot exceed 6 weeks.

•An employee may take up to two weeks of family leave during a 12 month period to care for their child, spouse or parent’s serious health condition. A serious health condition” means a disabling physical or mental illness, injury, impairment or condition involving inpatient care in a hospital, a nursing home, a hospice, or outpatient care that requires continuing treatment or supervision by a health care provider.

• If an employee has a natural child, adopts, and needs to care for a relative in the same 12 month period, their combined total for all family leaves cannot exceed 8 weeks.

The law requires an employee to reasonably consider the needs of his or her employer when scheduling family leave. For practical purposes, it means that the employee should consider the amount of time it will take to find and train a replacement during their absence. An employee does not need to take full time leave. They may work part time as long as it does not unduly disrupt your practice.

A person on family leave is not paid for their time away from the job unless you have a policy providing for payment. In addition, you may substitute for portions of family leave paid or unpaid leave of any other type that you provide.

When an employee returns from family leave, you must immediately place the employee back in the job they were in before they went on leave, provided the job is still vacant. If the job is not vacant, you must put them in an equivalent job with equal compensation, benefits, working shift, hours of employment and other terms and conditions of the job. If an employee wishes to return to work before the leave was scheduled to end, you must do your best to place them in their old job or an equivalent position as soon as possible but absolutely no later than the date their leave was scheduled to end.

If you have benefits or job opportunities that are based on seniority the “clock stops” during the leave. If the employee had accrued a benefit before taking leave, they are entitled to that benefit. During the leave you must maintain their group health insurance coverage under the conditions that applied immediately before the leave began. If the employe continues making any contribution required for participation in the group health insurance plan, you must continue making group health insurance premium contributions as if the employe had not taken the leave. If you wish you may require an employee to have an escrow account for these premiums. If so, you must meet the technical requirements in the law.

If you employ at least 25 individuals, you must post in one or more conspicuous places where notices to your employees are customarily posted, a notice that explains your employees rights to family leave. The notice must be ina form approved by the state. There is a fine of $100 if you fail to do so.

Statue excerpts

103.10(1) (a) Definitions. In this section: “Child” means a natural, adopted, foster or treatment foster child, a stepchild or a legal ward to whom any of the following applies: 1. The individual is less than 18 years of age. 2. The individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition.

(b) “Employee” means an individual employed in this state by an employer, except the employer’s parent, spouse or child.

(c) Except as provided in sub. (14) (b), “employer” means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis.

(d) “Employment benefit” means an insurance, leave or retirement benefit which an employer makes available to an employee.

(e) “Health care provider” means a person described under s. 146.81 (1).

(f) “Parent” means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employee or an employee’s spouse.

(g) “Serious health condition” means a disabling physical or mental illness, injury, impairment or condition involving any of the following: 1. Inpatient care in a hospital, as defined in s. 50.33 (2), nursing home, as defined in s. 50.01 (3), or hospice. 2. Outpatient care that requires continuing treatment or supervision by a health care provider.

(h) “Spouse” means an employee’s legal husband or wife.

103.10(2)(c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 hours during the preceding 52-week period.

103.10 (3)(a) 1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and 2. 2. In a 12-month period no employee may take more than 2 weeks of family leave for the reasons specified under par. (b) 3. 3. In a 12-month period no employee may take more than 8 weeks of family leave for any combination of reasons specified under par. (b).

(b) An employee may take family leave for any of the following reasons: 1. The birth of the employee’s natural child, if the leave begins within 16 weeks of the child’s birth. 2. The placement of a child with the employee for adoption or as a precondition to adoption under s. 48.90 (2), but not both, if the leave begins within 16 weeks of the child’s placement. 3. To care for the employee’s child, spouse or parent, if the child, spouse or parent has a serious health condition.

(c) Except as provided in par. (d), an employee shall schedule family leave after reasonably considering the needs of his or

her employer.

(d) An employee may take family leave as partial absence from employment. An employee who does so shall schedule all partial absence so it does not unduly disrupt the employer’s operations.

103.10(5)(a) This section does not entitle an employee to receive wages or salary while taking family leave or medical leave. (b) An employee may substitute, for portions of family leave or medical leave, paid or unpaid leave of any other type provided by the employer.

103.10(6)(a) If an employee intends to take family leave for the reasons in sub. (3) (b) 1. or 2., the employee shall, in a reasonable and practicable manner, give the employer advance notice of the expected birth or placement.

103.10(8)(a) Subject to par. (c), when an employee returns from family leave or medical leave, his or her employer shall immediately place the employee in an employment position as follows:

1. If the employment position which the employee held immediately before the family leave or medical leave began is vacant when the employee returns, in that position.

2. If the employment position which the employee held immediately before the family leave or medical leave began is not vacant when the employee returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment and other terms and conditions of employment.

(b) No employer may, because an employee received family leave or medical leave, reduce or deny an employment benefit which accrued to the employee before his or her leave began or, consistent with sub. (9), accrued after his or her leave began.

(c) Notwithstanding par. (a), if an employee on a medical or family leave wishes to return to work before the end of the leave as scheduled, the employer shall place the employee in an employment position of the type described in par. (a) 1. or 2. within a reasonable time not exceeding the duration of the leave as scheduled.

103.10(9)(a) Except as provided in par. (b), nothing in this section entitles a returning employee to a right, employment benefit or employment position to which the employee would not have been entitled had he or she not taken family leave or medical leave or to the accrual of any seniority or employment benefit during a period of family leave or medical leave.

103.10(9)(b) Subject to par. (c), during a period an employee takes family leave or medical leave, his or her employer shall maintain group health insurance coverage under the conditions that applied immediately before the family leave or medical leave began. If the employee continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employe had not taken the family leave or medical leave.

103.10(9)(c)1. An employer may require an employe to have in escrow with the employer an amount equal to the entire premium or similar expense for 8 weeks of the employee’s group health insurance coverage, if coverage is required under par. (b).

103.10(9)(c)2. An employee may pay the amount required under subd. 1. in equal instalments at regular intervals over at least a 12-month period. An employer shall deposit the payments at a financial institution in an interest-bearing account.

103.10(9)(c)3. Subject to subd. 4., an employer shall return to the employe any payments made under subd. 1., plus interest, when the employee ends his or her employment with the employer.

103.10(9)(c)4. If an employee ends his or her employment with an employer during or within 30 days after a period of family leave or medical leave, the employer may deduct from the amount returned to the employee under subd. 3. any premium or similar expense paid by the employer for the employee’s group health insurance coverage while the employee was on family leave or medical leave.

103.10(9)(d) If an employee ends his or her employment with an employer during or at the end of a period of family leave or medical leave, the time period for conversion to individual coverage under s. 632.897 (6) shall be calculated as beginning on the day that the employee began the period of family leave or medical leave.

103.10(10) Alternative employment. Nothing in this section prohibits an employer and an employee with a serious health condition from mutually agreeing to alternative employment for the employee while the serious health condition lasts. No period of alternative employment, with the same employer, reduces the employee’s right to family leave or medical leave.

103.10(14) (a) Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. Any employer who violates this subsection shall forfeit not more than $100 for each offense.

103.10(14)(b) Any person employing at least 25 individuals shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice describing the person’s policy with respect to leave for the reasons described in subs. (3) (b) and (4) (a).