Leave Eligibility

An employee qualifying for coverage under both Wisconsin and Federal acts may receive the greater of the two benefits. Federal and Wisconsin leave benefits are taken concurrently (at the same time).

Please note that domestic partner care is covered under Wisconsin FMLA but not Federal FMLA.

Federal FMLA

In order to be eligible for Federal FMLA leave, the employee must have been employed by the City for at least 12 months, and must have at least 1,250 hours of service in the 12 months before taking leave.

Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

  • For the birth of a child or placement of a child, within one year of the child’s birth or placement.
  • For the care for the employee’s spouse, child or parent.
  • For the employee’s own serious condition.
  • For "qualifying exigencies" related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.
  • For the care for the employee’s spouse, son, daughter, parent, or next-of-kin with a serious injury or illness incurred as a member of the military in the line of duty.

Wisconsin FMLA

In order for an employee to be eligible for leave under the Wisconsin Family Medical Leave Act, the employee must have been employed by the City for at least 52 consecutive weeks, and must have been paid for at least 1,000 hours (including paid leave) during the preceding 52-week period.

Under state law, the City of Madison must allow employees:

  • Up to six weeks leave for the birth or adoption of a child, within 16 weeks of the child's birth or placement.
  • Up to two weeks leave for the care of a child, spouse, domestic partner or parent (including parent-in-law and parent of a domestic partner).
  • Up to two weeks leave for the employee's own serious condition.

Requesting Leave

Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures.

Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform their job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified.

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required. Second or third opinions (at the employer’s expense) and a fitness for duty report to return to work may also be required.

Paid Leave

Federal and Wisconsin FMLA are both unpaid and are taken concurrently. The City may require employees to use paid leave after Wisconsin FMLA is exhausted (two weeks for the employee's or a family member's serious health condition, or six weeks for the birth of a child). Until this point, employees are not required to use paid leave, but employees may receive wage insurance benefits only after all sick leave has been exhausted.

For more detailed information, please see APM 2-21 or set up a meeting with Human Resources.


More Information

With any questions, contact Human Resources or your Payroll Clerk.