Family Military Leave
2007-07/26 Jeffrey T. Jones

A bill has been introduced in the Wisconsin legislature, Senate Bill 173, which amends Wisconsin’s Family and Medical Leave Act (FMLA) to include Family Military Leave.  The Bill entitles an employee who is member of the United States Armed Forces, the National Guard of this state or any other state, or the state defense force in a period of thirty (30) days of active service or more, as well as their spouse and children, to take family military leave.

Employers who employ between 15 to 50 employees on a permanent basis would be required to allow eligible employees to take up to 15 working days (normally three weeks) of unpaid family military leave during a period of active service.  Employers who employ more than fifty (50) employees on a permanent basis would be required to allow eligible employees to take up thirty (30) working days (normally six weeks) of unpaid family military leave during a period of active service.  These leaves would be in addition to the leaves already provided under Wisconsin’s FMLA and the federal FMLA.

While an employee is on family military leave, the employee would not be entitled to receive wages or salary.  However, while on family military leave, the employee could use paid or unpaid leave of any other type provided by the employer.  This is already allowed under Wisconsin’s FMLA law.  

When an employee returns from family military leave, the employer must reinstate the employee in the employment position that the employee held before the leave began or, if that position has been filled, in an equivalent employment position.  Wisconsin’s FMLA law already so provides.  An employer can require an employee to provide certification from the military branch of service as to the employee’s eligibility. 

The Bill requires fourteen (14) days advance notice when an employee desires to take family military leave in five or more day increments.  However, leave of less than five days only requires “reasonable notice.”  “Reasonable notice” is not defined.  Nor is the allowable increments of leave that an employee may take (e.g., one hour, one day, one week). 

For questions concerning the above, please feel free to contact Attorney Jeffrey T. Jones at (715) 845-4336, who prepared this article, or your Ruder Ware attorney.

© 2007 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.
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