A Wisconsin employee may need to take Federal FMLA or Wisconsin FMLA (W-FMLA) leave to address a serious personal health condition that makes it impossible to work, to care for a spouse, child, or parent facing a serious medical issue, or to bond with a newborn, newly adopted, or foster child. Federal FMLA and Wisconsin FMLA protected leaves also cover certain military-related family situations, such as handling qualifying exigencies when a service member is called to duty or providing care for … [Read more...]
FMLA Leave Articles
Alan C. Olson & Associates Milwaukee Wisconsin Employment Law Firm Articles FMLA Leave, FMLA Leave Cases
FMLA Leave for Depression, Anxiety or Panic Attacks
Mental health conditions such as anxiety, depression, and panic attacks can qualify for FMLA leave in Wisconsin when the conditions meet the definition of a “serious health condition.” Both the Federal Family and Medical Leave Act (FMLA) and the Wisconsin Family and Medical Leave Act (W-FMLA) apply. Eligibility to Take FMLA or W-FMLA Leave Federal FMLA (FMLA) (up to 12 workweeks of unpaid, job-protected leave in a 12-month period): • Worked for a covered employer for at least 12 … [Read more...]
Fired After Taking FMLA Leave Caregiver Discrimination
According to recent studies, approximately 63 million American adults are family caregivers representing 1 in 4 of all U.S. adults. Many family caregivers (60-70%) who care for a sick or disabled family member are employed, translating into tens of millions of U.S. employees balancing jobs with caregiver responsibilities. It is not uncommon for an employee in this situation to request FMLA medical leave care for a sick or disabled family member, whether it is a few hours at a time to go to a … [Read more...]
Litigating Your Case in Federal Court Under the Family And Medical Leave Act
This paper addresses the legal technicalities and practical procedural steps involved in the litigation of a Family And Medical Leave Act (“FMLA”) case in federal court. When, Where, And How, to Start Suit Regarding procedure, an FMLA case must be brought within 2 years of the employer’s violation, or within 3 years if the employer’s FMLA violation was willful. Sampra v. DOT, 888 F.3d 330, 332 (7th Cir. 2018); 29 U.S.C. § 2617(c)(1). If the employer acted willfully, the statute of … [Read more...]
Travel Time Protected Under FMLA Leave
In an effort to address longtime ambiguities in the law, the Department of Labor (DOL) recently released an opinion letter dated January 5, 2026 clarifying that travel time to and from a medical appointment for treatment of a serious medical condition qualifies as protected leave under FMLA. This means that travel to and from a patient’s home or work to a medical provider is protected under FMLA. The DOL letter also confirms that a healthcare provider need not provide an estimate of travel … [Read more...]
Denied Disability Benefits for Long COVID
Employees across the country are increasingly applying for short and long term disability benefits related to long COVID, also known as post-COVID syndrome, which causes debilitating health problems that can last months and years after an initial COVID-19 infection. Recent data reveals that there has been a surge in permanent disability claims for long COVID and national projections are that over 39 million Americans will be dealing with long COVID by the close of 2025 contributing to a mass … [Read more...]
FMLA Leave for Mental Health
Studies reveal that a growing number of Americans are facing mental health challenges. Depression, frequent or chronic mental distress, psychological disorders, and suicide have all seen sharp increases in recent years. Because mental health conditions can be very debilitating, employees may need to take time off to deal with serious mental health conditions of their own, or take leave to help a close family member who is struggling with a serious psychological issue. A serious mental … [Read more...]
Retaliation for Requesting FMLA Leave
The Family Medical Leave Act (FMLA) permits eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12 month period for specific family and medical reasons, such as caring for a newborn or a seriously ill family member, or an employee’s own serious health condition. Once the request for FMLA leave is made, the process is pretty straightforward: the employee's supervisor along with the company's HR representative will determine if the request is covered by the Family and … [Read more...]
Protection from Pregnancy Discrimination
Pregnancy discrimination in the workplace is prohibited under federal law to include Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act; the Pregnant Workers Fairness Act (PWFA), and the Americans with Disabilities Act (ADA). Pregnant workers and new parents may have additional rights under the Family and Medical Leave Act (FMLA). It is unlawful to harass a worker because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth or … [Read more...]
FMLA Eligibility for Remote Workers
The pandemic saw more employees working from home, and even now in 2023, there are still a large number of workers across the nation who continue to work remotely. Recently, the Department of Labor (DOL) issued guidance regarding how to apply Family and Medical Leave Act (FMLA) eligibility rules for employees working from home given the continued trend in remote work and telecommuting. Remote Workers Eligibility for FMLA Leave Eligibility for FMLA requires employment at a worksite with 50 … [Read more...]
