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 a notice that explains your employee’s rights to family leave. The notice must be on a form approved by the state. 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 who has a serious health condition that does not allow them to perform their job duties may take up to 2 weeks of medical leave during a 12 month period. 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.

• The employee may schedule the medical leave as it is medically necessary.

If an employee intends to take medical leave they must make a reasonable effort to schedule the medical treatment so that it does not unduly disrupt your operations, subject to the approval of their health care provider. In addition, the employee is required to give you reasonable notice of their required treatment.

A person on medical 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 medical leave paid or unpaid leave of any other type that you provide.

When an employee returns from medical 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 employee 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 employee 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, in a form approved by the state, that explains your employees rights to family leave. There is a fine of $100 if you fail to do so.

Statute excerpts

103.10(4)(a) Subject to pars. (b) and (c), an employee who has a serious health condition which makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties.

(b) No employee may take more than 2 weeks of medical leave during a 12-month period.

(c) An employee may schedule medical leave as medically necessary.

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)(b) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse or parent or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer’s operations, subject to the approval of the health care provider of the child, spouse, parent or employee.

2. Give the employer advance notice of the medical treatment or supervision in a reasonable and practicable manner.

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 employe to a right, employment benefit or employment position to which the employe 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 employe 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 employe 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 employe’s group health insurance coverage, if coverage is required under par. (b).

103.10(9)(c)2. An employe 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 employe ends his or her employment with the employer.

103.10(9)(c)4. If an employe 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 employe under subd. 3. any premium or similar expense paid by the employer for the employe’s group health insurance coverage while the employe was on family leave or medical leave.

103.10(9)(d) If an employe 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 employe began the period of family leave or medical leave.

103.10(10) Alternative employment. Nothing in this section prohibits an employer and an employe with a serious health condition from mutually agreeing to alternative employment for the employe while the serious health condition lasts. No period of alternative employment, with the same employer, reduces the employe’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 employes are customarily posted, a notice in a form approved by the department setting forth employes’ 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 employes 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).