About the Family Leave Medical Act (FMLA)

Family Medical Leave Act - for all employees in the U.S.A. (FMLA)

12 weeks protected leave for serious health condition (including pregnancy/birth) for self/spouse/child/parent
(must share with spouse if same employer and for birth or parent illness).

Employer: Must have 50 employees within 75 miles of your workplace for at least 20 weeks out of the current or preceding year OR public agency (including public AND private schools).
Employee: Must have worked a combined 12 months in a 7 year period and worked 1,250 hours in the year preceding leave.
Notice: 30 days notice to employer where leave is foreseeable – otherwise as soon as reasonably possible under circumstances.
SOL (Time Limit to File): 2 years. 3 if willful (failure to even try to comply with law).

Areas of Practice

At-Will Employment
CA Discrimination
WI Discrimination
Harassment
Retaliation
Wrongful Termination
Overtime
Meals & Rest Periods

California Family Rights Act (CFRA)

12 weeks protected leave for serious health condition (including pregnancy/birth + pregnancy leave) for self/spouse/child/parent.

Employer: Must have 50 employees or government entity.
Employee: Must have worked more than 52 weeks with employer and worked 1,250 hours in the preceding year (various ways to calculate preceding year – must be applied uniformly).
Notice: 30 days notice to employer where leave is foreseeable – otherwise as soon as reasonably possible under circumstances.
SOL (Time Limit to File): 1 year from Right to Sue letter from the Department of Fair Employment and Housing.
Exhaustion of Administrative Remedies: Must file with the Department of Fair Employment and Housing within 1 year of violation.

Wisconsin Family Leave Act (WFMLA)

2 weeks protected leave for serious health condition of self, 2 weeks protected leave for Spouse/Child/Parent, and 6 weeks for birth or adoption (including pregnancy/birth) for self/spouse/child/parent.

Employer: Must have 50 employees or government entity.
Employee: Must have worked 52 consecutive weeks with employer and worked 1,000 hours in the year preceding leave.
Notice: 30 days notice to employer where leave is foreseeable – otherwise as soon as reasonably possible under circumstances.
SOL (Time Limit to File): 30 days.
Exhaustion of Administrative Remedy: File with The Equal Rights Division within 30 days of notice of violation.

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