Managing employee leave and accommodations can be complex, especially when balancing federal and state laws. Employers in Wisconsin must navigate the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Wisconsin Family and Medical Leave Act (WFMLA) to ensure compliance and support their workforce effectively.
Understanding the ADA
The ADA requires employers to provide reasonable accommodations to qualified employees with disabilities, unless it causes undue hardship. This includes considering leave as a potential accommodation. However, the Seventh Circuit Court of Appeals, which includes Wisconsin, ruled in Severson v. Heartland Woodcraft that extended leave beyond FMLA may not be a reasonable accommodation under the ADA. Short-term leave or intermittent time off may still qualify, depending on the situation.
Federal FMLA Overview
The federal FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons, such as:
- The birth or adoption of a child.
- To care for a spouse, child, or parent with a serious health condition.
- The employee’s own serious health condition.
Eligibility requires:
- Employment with the company for at least 12 months.
- At least 1,250 hours worked in the 12 months preceding the leave.
- Worksite with at least 50 employees within 75 miles.
Wisconsin Family and Medical Leave Act (WFMLA)
Wisconsin’s WFMLA offers additional leave benefits:
- 6 weeks for birth or adoption
- 2 weeks for serious health condition of parent, child or spouse.
- 2 weeks for employees’ own serious health condition.
Eligibility requires:
- Employment with the company for at least 52 consecutive weeks.
- At least 1,000 hours worked in the preceding 52-week period.
Coordinating Leave Under ADA, FMLA, and WFMLA
When an employee is eligible for leave under both FMLA and WFMLA, the leaves run concurrently. For example, if an employee takes 6 weeks of leave for birth or adoption, those 6 weeks count toward both their 12-week FMLA entitlement and their 12-week WFMLA entitlement simultaneously. However, if the employee’s condition qualifies as a disability under the ADA, the employer must consider providing additional leave as a reasonable accommodation, unless it causes undue hardship.
aHRrow can assist with these best practices for leave management:
- Document Everything: Maintain clear records of all leave requests and accommodations provided.
- Communicate Clearly: Inform employees of their rights and responsibilities under ADA, FMLA, and WFMLA.
- Consult Legal Counsel or an HR expert, such as aHRrow: Seek advice when uncertain about compliance or accommodations.
- Train Managers: Ensure supervisors understand the nuances of leave laws and accommodations; however, encourage them to contact Human Resources for the management of these laws and accommodations.
Navigating accommodations and leave laws requires a thorough understanding of federal and state regulations. By staying informed and proactive, employers can support their employees while ensuring legal compliance.