Wisconsin and Federal Family and Medical Leave

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Policy Number:

UW-5095

Responsible Office:

Office of Human Resources

University Policy

Rationale/​Purpose:

UW-Madison complies with all applicable state and federal laws pertaining to family and medical leave and must not discriminate against or interfere with an employee's right to take such leave. This policy outlines the leave of absence entitlements available to UW-Madison employees through the federal Family and Medical Leave Act (FMLA) and Wisconsin Family and Medical Leave Act (WFMLA).

Definitions:

Child

All individuals covered within the federal definition in 29 C.F.R. § 825.102, and the WFMLA definition in Wis. Stat. § 103.10(1)(a). For FMLA leave to care for an adult child (age 18 or older), see the U.S. Department of Labor Administrator’s Interpretation No. 2013-1.

Covered Active Duty

Duty during the deployment of a member of the Regular Armed Forces to a foreign country, or duty during the deployment of a member of the National Guard or Reserves to a foreign county under a federal call or order in support of a contingency operation.

Divisional Disability Representative (DDR)

Designated person in each UW-Madison school, college, and division responsible for facilitating requests for family and medical leaves and reasonable accommodation. The DDR also requests, receives, reviews, and maintains confidential medical information, records, and employee medical files on behalf of employing units in their division.

Healthcare Provider

An individual as defined for purposes of FMLA in 29 C.F.R. § 825.102, and for WFMLA in Wis. Stat. § 103.10(1)(e).

Hours Worked

For the purposes of this policy, all time an employee is required or allowed to perform for an employer, regardless of where the work is done, whether on the employer’s premises, at a designated work place, at home or at some other location.

Paid Leave

Sick, vacation, vacation carryover, personal holiday, legal holiday, compensatory time, and leave in a paid leave bank for eligible employees at UW-Madison.

Parent

Individual covered within the federal definition in 29 C.F.R. § 825.102 , including in loco parentis (to act in role of the parent) as defined in U.S. Department of Labor Wage and Hour Division Fact Sheets #28B and #28C, and the WFMLA definition in Wis. Stat. § 103.10(1) (f).

Serious Health Condition

Defined for purposes of FMLA in 29 C.F.R. § 825.102, and defined for purposes of WFMLA in Wis. Stat. § 103.10(1).(g).

Unpaid Leave

Temporary absence of an eligible employee from UW-Madison during which the employee is not entitled to receive wages or salary (also known as Leave without Pay.)

Week

In accordance with Wis. Admin. Code DWD § 225.01, § 225.02, seven (7) consecutive calendar days, for the purpose of establishing whether an employee has been employed for more than 52 consecutive weeks and worked at least 1,000 hours during the preceding 52-week period.

Five (5) days, for the purpose of determining workdays. For administrative purposes, this is interpreted to mean the number of hours in the employee’s regularly scheduled workweek.

• For full-time employees on standard work schedules, this means 40 hours.
• For part-time employees and employees on flexible schedules such that the number of hours varies from week to week, the employee’s budgeted percentage of full-time equivalency (FTE) times 40 hours. For employees who are regularly scheduled in advance to work more than 80 hours in a two-week pay period, a week equals the typical number of hours scheduled in each two-week pay period divided by two.
• For seasonal, sessional, and school year employees, the projected average number of hours the employee is scheduled to work each calendar week of the current period of appointment.

Workweek

In accordance with 29 C.F.R. § 778.105, a fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day.

For purposes of this policy, week and workweek are used interchangeably. An FMLA workweek and a WFMLA week will typically equal the same number of hours.

Scope:

This policy applies to all employees who meet the eligibility requirements in Section II.

The following non-service appointments as defined in UW-5005, Non-Service Appointments, are not covered under this policy: Advance Opportunity Fellow, Fellow, Grad Intern/Trainee, Postdoctoral Fellow, Postdoctoral Trainee, Scholar, or Trainee.

Policy:

The State of Wisconsin Family and Medical Leave Act (WFMLA) and the federal Family and Medical Leave Act (FMLA) are separate leave entitlements that enable eligible employees to balance work and family responsibilities by taking job-protected unpaid leave for specified family and /or medical reasons. (For purposes of this policy, W/FMLA refers to both leave acts together.) The reasons for leave under each entitlement vary. The leave entitlement that provides the greatest benefit to the employee prevails. Application of these laws must be coordinated with other UW-Madison leave benefits. (The Americans with Disabilities Act (ADA) and Wisconsin Fair Employment laws may also apply.)

1. Reasons for Leave
   1. An eligible UW-Madison employee may qualify for leave entitlements under W/FMLA when they are unable to work for family or medical reasons described in this policy.
   2. An employee may not qualify for all leave entitlements listed in this policy. Employee leave entitlements are based on a number of factors including:
      1. The employee’s employment category.
      2. The eligibility requirements of each leave entitlement.
      3. The reason for the employee’s leave.
      4. Prior W/FMLA leave the employee has taken.

   The employee must contact their Divisional Disability Representative (DDR) to discuss their request for leave for family and/or medical reasons.

2. Employee Eligibility

   For eligibility purposes, all State of Wisconsin agencies, including UW-Madison and the University of Wisconsin System are considered one employer.

   Individuals with the following titles do not qualify for FMLA or WFMLA: Advance Opportunity Fellow, Fellow, Grad Intern/Trainee, Postdoctoral Fellow, Postdoctoral Trainee, Scholar, or Trainee as hours worked and hours in paid status for non-service appointments cannot be included in eligibility determination.

   1. FMLA

      In accordance with 29 C.F.R. § 825.110, an employee is eligible for FMLA if the employee meets all of the following:

      1. Employed by a State of Wisconsin agency for at least 12 months prior to the date the leave will begin:
         1. The 12 months do not need to be consecutive, and summer months count for academic year employees.
         2. Employment periods prior to a break in service of seven (7) years or more are not counted in the 12 month requirement except in cases that involve fulfillment of uniformed service duties or specified cases covered by a collective bargaining agreement as described in 29 C.F.R. § 825.110 (b)(2)(i-ii).
      2. Worked for a State of Wisconsin agency at least 1,250 hours (excluding paid leave) during the 12 months immediately preceding the requested leave. If an employee on a military leave of absence from UW-Madison is covered by the Uniformed Services Employment and Reemployment Rights Act (USERRA), that period of time will count toward both the time worked for UW-Madison and the required number of hours worked.
      3. Not exhausted their FMLA entitlement for the current calendar year (January 1 – December 31).
   2. WFMLA

      In accordance with Wis. Stat. § 103.10(2)(c), an employee is eligible for WFMLA if the employee meets all of the following:

      1. Employed by the State of Wisconsin for more than 52 consecutive weeks prior to the date their leave will begin; and
      2. Worked for the State of Wisconsin for at least 1,000 hours (including paid leave time used) during the preceding 52-week period; and
      3. Not exhausted their WFMLA entitlement for the current calendar year (January 1 – December 31).
3. Designation of FMLA and/or WFMLA
   1. An employee’s leave will be evaluated and designated in accordance with the eligibility and leave entitlements provided under each leave law.
      1. When an employee is entitled to leave under only FMLA, then only the federal leave rules and entitlements apply, and leave used will only count against the employee’s entitlement under FMLA.
      2. When an employee is entitled to leave under only WFMLA, then only the Wisconsin leave rules and entitlements apply, and leave used will only count against the employee’s entitlement under WFMLA.
      3. When an employee is entitled to leave under both FMLA and WFMLA, the leaves will run concurrently and the employee is entitled to the protections of whichever law provides more favorable terms to the employee. If the federal leave extends beyond the end of the Wisconsin leave, only the terms of the federal FMLA apply to the remaining leave.
      4. When an employee does not qualify for leave entitlements under either WFMLA or FMLA, or the employee exhausts their leave entitlements under WFMLA and FMLA and their need for leave continues, it is recommended they consult their DDR to determine eligibility for leave under other university leave of absence policies for which they qualify.
4. Leave Entitlement
   1. FMLA

      In accordance with 29 U.S.C. § 2612 and 29 C.F.R. § 825.112(a), an employee is eligible for unpaid leave under FMLA for each of the following periods of time and reasons:

      1. A total of 12 weeks of unpaid leave in a single calendar year for the following reasons:
         1. An employee’s own serious health condition that makes the employee unable to perform the essential functions of their job;
         2. To care for the employee’s spouse, child, or parent who has a serious health condition;
         3. The birth of a child, and to care for a newborn child within one year of birth;
         4. The placement with the employee of a child for adoption, foster care and to care for a newly placed child within one year of placement; or
         5. Any qualifying exigency arising out of the fact the employee’s spouse, child, or parent is a covered military member on “covered active duty”. Qualifying exigencies include the following. For a complete list see Exigency Leave under FMLA.
            1. Making childcare arrangements for the military member’s child;
            2. Caring for the military member’s parent who is incapable of self-care;
            3. Attending certain military ceremonies and briefings;
            4. Making financial or legal arrangements to address a military member’s absence.
      2. A total of 26 weeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
      3. An eligible employee may take different types of leave based upon their specific reason for leave and/or the type of leave their healthcare provider recommends:
         1. Continuous leave is used in one consecutive period while an employee is not working
         2. Reduced schedule leave is a temporary change in an employee’s usual number of working hours in a workweek or workday, often reducing the employee’s schedule.
            1. The FTE of the employee’s appointment will not change as a result of a reduced work schedule.
            2. When an employee takes reduced schedule or intermittent leave, UW-Madison may, in limited circumstances as outlined in 29 U.S.C. § 825.204, require the employee to temporarily transfer to an alternative position that better accommodates recurring periods of leave.
         3. Intermittent leave is used in separate periods or blocks of time due to a single qualifying reason. This type of leave is only permitted for serious health conditions when medically necessary and is not permitted for birth or adoption unless approved by UW-Madison.
      4. When a legal holiday occurs during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave. The employee will receive legal holiday pay in accordance with applicable university legal holiday policies.
      5. When a legal holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee is scheduled and expected to work on the holiday and uses FMLA leave for that day.
   2. WFMLA

      In accordance with Wis. Stat. §§ 103.10(3) and (4), an employee is eligible for unpaid leave under WFMLA for each of the following periods of time and reasons per calendar year (January 1 – December 31):

      1. Up to two (2) workweeks of medical leave for the employee’s own serious health condition.
      2. Up to six (6) workweeks of family leave for one of the following: the birth of the employee’s child, the placement of a child with the employee for adoption, or as a precondition to adoption under Wis. Stat. § 48.90 (2).
         1. Leave must begin within 16 weeks of birth or placement. This includes up to 16 weeks prior to the actual birth or placement.
         2. Limit of one six (6) week period even if a new calendar year begins during the leave.
      3. Up to two (2) workweeks of family leave to care for the employee’s child, spouse, domestic partner, parent, or parent of the employee’s spouse or domestic partner’s serious health condition.
      4. Up to eight (8) workweeks of family leave per calendar year for any combination of #2 and #3 above.
      5. An employee may take family leave as intermittent leave from employment. An employee who does so must pre-schedule all intermittent absences so as to not unduly disrupt UW-Madison’s operations.
      6. When a legal holiday occurs during a week in which an employee is taking the full week of WFMLA leave, the entire week is counted as WFMLA leave. The employee will receive legal holiday pay in accordance with applicable university legal holiday policies.
      7. When a legal holiday falls during a week when an employee is taking less than the full week of WFMLA leave, the holiday is not counted as WFMLA leave, unless the employee is scheduled and expected to work on the holiday and uses WFMLA leave for that day.
5. Substitution of Paid Leave and Protections
   1. During W/FMLA leave, the employee is not entitled to receive wages or salary. The employee may choose to use paid leave, take unpaid leave, or a combination of available paid and unpaid leave.
   2. Leave that qualifies under W/FMLA will be designated as such and will count against the employee’s W/FMLA entitlement regardless of whether the employee uses paid leave.
   3. An employee exempt from the Fair Labor Standards Act (FLSA) must account for paid leave taken in actual hours absent under W/FMLA.
   4. An employee with Income Continuation Insurance (ICI) coverage may be able to apply for and potentially receive benefits during their own medical leave, depending on an eligibility determination made by the insurer.
   5. An eligible employee on an approved, unpaid leave of absence may apply for catastrophic leave.
   6. An employee enrolled in State Group Health Insurance coverage must maintain it under the conditions that applied immediately before the W/FMLA leave began. The employee must continue to pay the employee contribution and is entitled to the employer contribution towards the premium for the duration of the W/FMLA-covered leave.
   7. All employee benefits may be maintained during W/FMLA-covered leave. The employee must continue to pay any employee-required premium in a timely manner to maintain benefits.
   8. State and federal laws prohibit interference, retaliation, and other forms of unlawful discrimination against an employee who exercises their rights under W/FMLA. Absences from work under W/FMLA may not be counted against an employee in employment actions such as hiring decisions, promotions, discipline, or performance reviews.
   9. On return from W/FMLA leave, an employee is generally entitled to return to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to such reinstatement even if the employee has been replaced or their position has been restricted to accommodate the employee’s absence. An employee, however, has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the W/FMLA leave period.
   10. When both parents are eligible employees of UW-Madison, both are entitled to the full period of parental leave provided by W/FMLA for the same birth, adoption, or placement in foster care.
   11. When an employee qualifies for family leave under W/FMLA and is eligible for Paid Parental Leave or Postdoc Absences with Pay (Parental), the leaves will run concurrently.
6. Notice Requirements
   1. FMLA
      1. The employee must notify their supervisor or DDR of the need for leave at least 30 days in advance of the anticipated start date when the need for leave is foreseeable.
      2. When FMLA is unforeseeable and/or notice of 30 days is not possible, the employee must provide notice as soon as practicable, and follow their unit’s call-in procedure.
      3. The employee is expected to make a reasonable effort to schedule medical treatment or care so that it does not unduly disrupt UW-Madison’s operations, while taking into consideration the opinion of the health care provider.
      4. If the employee does not comply with the notice and procedural requirements, and there is no justification for noncompliance, FMLA-protected leave may be delayed or denied.
      5. If the dates of a scheduled leave change, the employee must provide notice to their supervisor or DDR as soon as possible and in accordance with any previously established deadlines.
   2. WFMLA
      1. The employee must notify their supervisor or DDR of the intended leave in a reasonable and practicable manner.
      2. The employee is expected to make a reasonable effort to schedule medical treatment or care so that it does not unduly disrupt UW-Madison’s operations, while taking into consideration the opinion of the health care provider.
      3. If the dates of a scheduled leave change, the employee must provide notice to their supervisor or DDR as soon as possible and in accordance with any previously established deadlines.
7. Documentation and Certification
   1. UW-Madison requires the employee to submit written medical certification from a qualified health care provider when requesting a leave due to:
      1. The employee’s own serious health condition.
      2. The care of the employee’s qualifying family member with a serious health condition.
      3. The care of the employee’s spouse, adult child, parent or next of kin who is a current service member and has a serious injury or health condition (FMLA only).
   2. Medical certifications are not required:
      1. To bond with a healthy newborn child.
      2. For the placement of a child with the employee for adoption or as a precondition of adoption under Wis. Stat. § 48.90(2). UW-Madison may request documentation verifying initiation of the adoption process from the employee’s attorney or participating adoption agency.
   3. UW-Madison may request certification for a qualifying exigency arising from an impending call or order to covered active duty of the employee’s spouse, adult child, or parent with the Armed Forces.
8. Recordkeeping and Required Posted Notices
   1. UW-Madison must keep records for at least three years of all leave taken under FMLA and/or WFMLA. Records are to be maintained in accordance with 29 CFR § 825.500; UW-3037 Records Retention Schedule and UW-130, Destruction/Disposal of Protected Health Information.
   2. UW-Madison must post a notice listing employees’ rights under FMLA and WFMLA in one or more conspicuous place(s) where notices to employees are customarily posted, in accordance with Wis. Stat. § 103.10(14) and 29 C.F.R. § 825.300. FMLA and WFMLA workplace posters are available for review on the Office of Human Resources website.

1. Family and Medical Leave Policy Responsibilities

OHR Office of Workforce Relations	Administers Family and Medical Leave Policies campus wide Supports the campus in applying the policy provisions
Deans and Directors	Ensures that colleges, schools, and divisions appropriately administer the provisions of the policy
College/School/Division HR	Oversees the administration of this policy within their respective Colleges/Schools/Divisions Designates Divisional Disability Representatives (DDRs) Ensures that supervisors and employees are trained and informed on policy Consults with OHR as needed
Divisional Disability Representatives (DDRs)	Facilitates requests for family and medical leave and reasonable accommodations Requests, receives, reviews, and maintains employee confidential medical information Informs supervisors of approved FMLA requests from employees Maintains employee confidential medical files Ensures that employees and supervisors are appropriately trained and informed on policy and processes
Employee Disability Resources	Offers essential information, consultation, education, and referral services to employees, DDRs, supervisors, and others at any point in the accommodation process
Supervisor	Becomes and continues to be familiar with policy provisions and approval requirements Informs their DDR of any FMLA requests from employees Complies with state and federal leave laws Consults with College/School/Division HR on employee family and medical leave requests Maintains employee leave usage documentation according to state and federal recordkeeping requirements
Employee	Follows family and medical leaves of absence procedures based on this policy Initiates family and/or medical leave requests with their DDR as indicated in the policy Enters paid leave taken and/or leave without pay taken timely Manages leave balances and benefit continuation

Related UW-Madison Policies:

UW-130 Destruction/Disposal of Protected Health Information

UW-142 Academic Staff Disability Accommodation Policy

UW-144 Classified [University] Staff Disability Accommodation Policy

UW-149 Faculty Reasonable Accommodation Policy and Procedures

UW-702 Academic Staff Policies and Procedures Chapter 2 – Academic Staff Appointments

UW-807 Faculty Policies & Procedures Chapter 7 – Faculty Appointments

UW-3037 Record Retention

UW-5005 Non-Service Appointments

UW-5016 Probationary Policy for University Staff

UW-5050 Personal and Legal Holidays

UW-5051 Sick Leave

UW-5052 Vacation

UW-5053 Leave of Absence without Pay

UW-5054 Paid Parental Leave

UW-5062 Catastrophic Leave

UW-5063 Paid Leave of Absence for Bone Marrow and Human Organ Donation

UW-5082 Graduate Assistantship Policies and Procedures (GAPP)

UW-5088 Postdoc Absence with Pay & Legal Holidays

Related UW–Madison Documents, Web Pages, or Other Resources:

Employee Disability Resources

• Divisional Disability Representatives
• Employee Disability Resources

Office of Human Resources

• Benefits
• Income Continuation Insurance
• FMLA Forms
• FMLA Information Guide
• Leave
• Notice of Employee Rights & Responsibilities (FMLA)
• Paid Leave
• Posters
• Unpaid Leave

External References:

Family and Medical Leave Act

Regent Policy Document 14-6

U.S. Department of Labor Fact Sheet #28B

U.S. Department of Labor Fact Sheet #28C

Wisconsin Family and Medical Leave Act

Policy Administration

Approval Authority:

Vice Chancellor for Finance and Administration

Policy Manager:

Associate Vice Chancellor/Chief Human Resources Officer

Contact:

Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663

Effective Date:

07-01-2024

Date Issued:

07-03-2024

Retrieved:

04-25-2025 18:18:15