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On June 27, the Wisconsin Supreme Court held that the state's Family and Medical Leave Act, which provides greater rights on substitution of leave than does the federal FMLA, was not preempted by the Employment Retirement Income Security Act (ERISA). The case, Aurora Medical Group v. DWD, involved an employee who requested family leave to adopt a child and asked to substitute paid sick leave, holidays, personal leave and vacation time for the unpaid family leave. The employer had an ERISA-qualified sick leave plan, which limited sick leave pay to occasions of the employee's own illness. In rejecting the employer's contention that the state FMLA was preempted by ERISA, the high court found that such preemption would render the state law's more generous provisions without force.
In a decision regarding the issue of certification reached in April, the U.S. Court of Appeals for the Seventh Circuit held that an employer is not required to provide a specific form for medical certification to an employee requesting FMLA leave. The employer is only required to provide the proper information regarding the leave to the employee, inform the employee that medical certification of a serious health condition must be provided, and give the employee at least 15 calendar days to submit the required documentation. The case, Rager v. Dade Behring Inc., involved an employee who was discharged for excessive absenteeism after failing to provide the requested medical documentation by the employer's deadline.
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