Wisconsin Family Medical Leave Includes Domestic Partner

As of June 29, 2009, the Wisconsin Family and Medical Leave Act (WFMLA) includes protecting employees that need leave for a domestic partner. The WFMLA is at sec. 103.10 of the Wisconsin Statutes. This law provides additional protections not found in the Federal FMLA.

Wisconsin has a provision for domestic partners to register to qualify for other benefits, but this is not required for WFMLA coverage.

The law provides, among other protections, up to two weeks of leave for an employee to care for the domestic partner’s serious health condition, but not for a child of the domestic partner. To be covered, the employee must work for a pubic employer or a private employer that employs 50 or more permanent employees. Also, the employee must have been employed for 52 consecutive weeks or more and have worked at least 1,000 hours in the preceding 52 week period.

Failure to provide the requested leave is a violation of the WFMLA, as is failure to restore an employee to his or her position or an equivalent one following WFMLA leave.

Violations of the WFMLA are enforced by the Wisconsin Equal Rights Division by filing a complaint within 30 days of the violation or when the employee reasonably learns of the violation, whichever is later.

Disclaimer. The information in this and all other posts on this website are not meant as legal advice, but as informative, educational material of a general nature. Legal advice depends on the particular facts and circumstances, and can only be given upon a discussion of the facts and circumstances between an attorney and client. Do note rely on this information when making legal decisions, and you should consider seeking the advice of a competent attorney licensed to practice law in your jurisdiction.

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