labor lawAdivision of labor law center

When it comes to the Federal and State-level Family Medical Leave Act, I found that there are some clear delineations. For example, in Wisconsin, local educational agencies are covered under special provisions of the Act on the National level, but on the state level, there are no special provisions for these educational agencies.

Here are some more differences between the Federal and State Family and Medical Leave Laws:

In the Federal Act, Private employers that have 50 or more employees in at least 20 weeks of the current or preceding year, as well as public agencies, State, Local and Federal employers and local educational agencies are covered (under special provisions.) However, in the State Act, private and public employers with at least 50 employees on a permanent basis are covered, but there is no coverage for educational agencies.

When it comes to what types of employees are eligible, the State says simply that employees that have worked for an employer for at least 52 consecutive weeks, clocking at least 1000 hours are eligible. There is no worksite proviso though.

However, on the Federal level, the Act states that employees are covered if they have worked for at least 12 months, cut their work does not have to have been consecutive. Also, the employees need to have worked at least 1,250 hours during those months. If an employer has a worksite with 50 or more employees, the employees may have leave as long as there are employees within 75 miles of another employee worksite.

The Federal Act is very generous with the amount of time that workers can take off when they need it. They may take a total of 12 weeks during a 12-month period for birth, adoption, foster care, or to care for a parent with a serious health condition.

Under the State Act, individuals can leave for 6 weeks for an adoption, 2 weeks for serious health conditions of parents and step-parents, children or spouses and 2 weeks for an employee’s own serious health problem.