State GOP Attempts to Undermine Wisconsin's Family Medical Leave Protections

At the end of October, the Wisconsin Alliance for Women's Heath joined dozens of other organizations* to speak out against a new proposal that would eliminate some of the protections and benefits that the Wisconsin Family Medical Leave Act (WI FMLA) provides to employees who are employed by a business that is covered by both the state and federal FMLA’s.

In 1988, Wisconsin became one of the first states to pass a state-level Family Medical Leave Act (FMLA). Congress followed Wisconsin’s lead and passed a federal FMLA in 1993. Both the state and federal FMLA allow employees who meet certain criteria to take unpaid time off of work if they become ill, have a child, or need to care for a sick family member. This advancement in employment policy has been of great benefit to workers, our communities, and the overall health of our state.

The Wisconsin FMLA and federal FMLA are not identical. In general, the Wisconsin FMLA covers more employees and provides more flexible leave benefits than the federal FMLA. Wisconsin employers who are covered by both the state and federal FMLA must comply with any provisions of the state FMLA law that provide greater family or medical leave rights than the rights established by the federal FMLA and vice versa.

This new bill - SB 490 - is an attempt to “federalize” the Wisconsin FMLA, which would reduce access to family and medical leave and reduce the quality of leave for many Wisconsin workers. If passed, this bill would remove the following protections and benefits that workers who have dual state and federal FMLA eligibility current receive:

• The Wisconsin FMLA covers more part-time employees than the federal FMLA. Under the Wisconsin FMLA, part-time employees working between 20-25 hours per week for a full year are covered. Under the federal FMLA, only part-time employees working 25 or more hours per week are covered. If passed, SB 490 would remove family and medical leave protections for these employees working between 20-25 hours per week.
• The Wisconsin FMLA is less restrictive regarding how employees can choose whether to substitute accrued paid or unpaid leave that is provided by their employer for their qualifying FMLA leave. If passed, SB 490 would remove this flexibility for employees who have dual eligibility.
• The Wisconsin FMLA is more permissive regarding the ability of employees to take intermittent leave. Under Wisconsin law, intermittent leave is permitted for all family and medical leaves in increments equal to the shortest increment permitted by their employer for any other non-emergency leave. Under federal law, intermittent leave is only permitted if medically necessary for a serious, personal health condition.

​Now is not the time to scale back Wisconsinites’ hard-won access to family and medical leave. If anything, Wisconsin should be working to expand job protections to more of its citizens to ensure that they can take time off of work in order to take care of themselves, a sick family member, or a new child. Because this attempt to “federalize” the Wisconsin FMLA would weaken some of the very important protections listed above, Wisconsin state legislators need to oppose Senate Bill 490.

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*Organizations that jointly oppose SB 490:

• ​​9to5 Wisconsin
• ACLU of Wisconsin
• African American Breastfeeding Network of Milwaukee
• African American Roundtable
• American Academy of Pediatrics - Wisconsin Section
• Citizen Action of Wisconsin
• Community Advocates, Inc.
• End Domestic Abuse Wisconsin
• EXPO (Ex-Prisoners Organization)
• FAIR Wisconsin
• Greater Wisconsin Agency on Aging Resources
• Interfaith Coalition for Worker Justice
• Kids Forward
• Marathon County Central Labor Coalition
• Midday Women’s Alliance of Fox Valley
• Milwaukee Teachers Education Association
• ONE Wisconsin Now
• Our Wisconsin Revolution – Milwaukee Chapter
• OutReach, Inc.
• Planned Parenthood Advocates of Wisconsin
• Schools and Communities United
• SEIU Healthcare Wisconsin
• Voces de la Frontera
• WAVE Educational Fund
• Wisconsin Alliance for Women’s Health
• Wisconsin Association of Local Health Departments and Boards
• Wisconsin Breast Cancer Coalition
• Wisconsin Coalition Against Sexual Assault
• Wisconsin Community Action Program Association
• Wisconsin Council of Churches
• Wisconsin Democracy Campaign
• Wisconsin Faith Voices for Justice
• Wisconsin Public Health Association
• Wisconsin Religious Coalition for Reproductive Choice
• Wisconsin Voices
• Wisconsin Women's Network
• Madison Workers' Rights Center
• YWCA Southeast Wisconsin