How Does FMLA Work In Wisconsin?

Parental Leave Requests & Benefits How Does FMLA Work In Wisconsin?

How Does FMLA Work In Wisconsin?

If you plan on having a baby in the near future and work in Wisconsin, there are two sets of laws that can help to protect you after the baby is born. In Wisconsin, many workers are eligible to receive time off of work after you welcome your child home.

FMLA (Family Medical Leave Act) and the WFMLA (Wisconsin Family and Medical Leave Act) give new parents time to bond and care for their child and spouse without having to worry about losing their job. Keep reading to find out if you are eligible for parental leave in Wisconsin.

What Is FMLA?

The Family Medical Leave Act is a federal law that allows parents to take up to 12 weeks of unpaid leave to care for a child that has recently been born or adopted.

Additionally, Wisconsin has its own medical leave law that is called Wisconsin's Family and Medical Leave Act. With this law, parents also get 12 weeks of unpaid leave to care for a new child or a spouse or partner that has just given birth.

These two laws seem very similar, but they do have some differences when it comes to qualification requirements. Because the requirements are similar, it is possible that a person could be eligible for both FMLA and WFMLA.

Who Is Eligible for FMLA and WFMLA?

Both of these laws have similar criteria that must be met. The main difference between these two laws is the amount of time that a person is required to work for their current employer. Here is a look at what you need to do to qualify for both FMLA and WFMLA.


Number of Employees at the CompanyTime Worked at the CompanyHours Worked in the Last 12 months
5012 months (Does not have to be consecutive)1,200 hours


Number of Employees at the CompanyTime Worked at the CompanyHours Worked in the Last 12 months
5052 Weeks (Must be consecutive)1,000 hours

A person may receive both FMLA and WFMLA. However, the leave allotment will run concurrently. So, you will still only be entitled to a total of 12 weeks of parental leave.

Does Wisconsin Offer Paid Parental Leave?

Both FMLA and WFLMA are unpaid. However, you can choose to use your sick leave days if you have any available days left. Also, you can apply for short-term disability, which will pay a portion of your weekly income while you are on leave.

How to Apply for FMLA and WFMLA

The application process for both FMLA and WFMLA is essentially the same. To apply for either one, you will need to:

  1. Bring an FMLA Medical Certification Form to your doctor to verify your medical condition.
  2. Bring the form back to your employer within 15 days and wait for the approval.
  3. If you are approved, you should then submit an FMLA Notification Form with your employer.
  4. You should provide at least 30 days of advanced notice before taking parental leave.

How DoNotPay Can Help You Apply for Parental Leave

Trying to apply for FMLA or WFMLA by yourself can be a stressful and drawn-out task. Luckily, DoNotPay is here to help. With just a few clicks, you can apply for parental leave in Wisconsin.

To apply for FMLA, simply follow these six steps:

  1. Tell us which state you work in (if you work in CA, NY, NJ, MA, WA, or DC, your state has a paid family leave program).


  2. Choose whether you want us to apply to the program for you or contact your employer with your leave request. If you want to apply for the program, we will walk you through the questions on the form and mail the application form for you.


  3. If you want us to contact your employer, enter your leave details, including the starting date, number of weeks of leave, and how many weeks of paid leave you are requesting (for example, you may take a 12 week leave, but only request eight weeks of paid leave to make the request reasonable).


  4. Indicate whether you are the birth parent or not (birth parents have a few additional legal protections).


  5. Enter the name of your company and the person to address this request to.


  6. Select whether you want us to email the request to your employer on your behalf.


DoNotPay Can Help All Workers Apply for FMLA

DoNotPay can eliminate the stress that is associated with applying for FMLA and WFMLA. However, even if you don't live in Wisconsin, DoNotPAy can still help you apply for parental leave.

DoNotPay can help you solve a wide range of parental leave issues, such as:

What Else Can DoNotPay Do?

DoNotPAy is here to help eliminate stress and save time while doing certain tasks. Some of the things that DoNotPay can help you with include:

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