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Find the answers to these questions and more in the 2012 edition of the
FMLA Manual for Wisconsin Employers
What step-by-step analysis should we use when determining eligibility for FMLA leave? (Chapter 1, page 14)
Do you count time spent on paid or unpaid leave toward the 1,250 hour requirement for federal FMLA eligibility? (Chapter 3, page 8)
Do you count time that an employee has been a "temp" toward the 1,250 hour requirement? (Chapter 3, page 11)
How do you track FMLA time for salaried exempt employees? (Chapter 3, page 11)
How does eligibility for leave differ between the Wisconsin and the federal FMLA? (Chapter 5, page 3)
Is an employee eligible for domestic partner FMLA leave under the federal FMLA? (Chapter 5, page 3)
If we want to change our leave year designation from calendar year to rolling year, how do we do that? (Chapter 5, page 11)
How do you count holidays if an employee is on FMLA leave? Does a holiday count as a day of FMLA leave? (Chapter 5, page 15)
Do you count the time that an employee is on light duty toward FMLA entitlement? (Chapter 5, page 17)
Our employee just returned from time off and we did not originally designate that time as FMLA leave. Can we retroactively designate the time off as FMLA leave? (Chapter 6, page 34)
Our male employee wants to take next 52 Fridays off for FMLA bonding leave. Do we have to grant this request? (Chapter 7, page 3)
Can an employee take FMLA leave prior to the birth of a child without a medical reason? (Chapter 7, page 3)
How do we determine if an employee has a serious health condition? (Chapter 8, page 3)
Our employee just turned in a medical certification from a doctor outside the U.S. Now what? Do we have to accept this certification?
(Chapter 8, page 5)
Our employee is requesting time off to care for her grandchild. Do we have to grant that time? (Chapter 9, page 11)
We suspect FMLA abuse. How can we use a medical certification to help us address this problem? (Chapter 10, page 2)
Fifteen days have passed and our employee still has not turned in the required medical certification to support the FMLA leave. Is it okay to terminate at this point? (Chapter 10, page 8)
Our employee would like indefinite time off to be with her hospitalized husband. The employee wants to take paid time but not use any of her FMLA leave. Can she do that? (Chapter 11, page 11)
We have an employee who is abusing intermittent leave. She has convenient migraines whenever she wants to leave work. Can we transfer her to a different position until she gets her condition under control? (Chapter 12, page 15)
How do you calculate partial days off for purposes of FMLA leave? Can you just count the partial day as one day off?
(Chapter 12, page 17)
We do not think our employee will be returning from her 12 week maternity leave because she has told some of our employees that she does not plan to return to work. Can we terminate the health insurance and COBRA her? (Chapter 13, page 16)
Our employee asked for 8 weeks of FMLA leave and we scheduled our employees accordingly for coverage. Now, three weeks into the leave, the employee wants to return early. Can we tell her she needs to return after eight weeks, as originally requested?
(Chapter 14, page 20)
What if an employee is no longer qualified to perform the job due to licensing or required certification? (Chapter 14, page 30)
What kind of policy should we have regarding an employee's failure to return from FMLA leave? (Chapter 18, page 42)
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