Protecting Employees’ Rights Under the Family and Medical Leave Act
Sometimes employees need to step away from work to deal with serious health issues, care for loved ones, recover from childbirth, or handle important family responsibilities. The Family and Medical Leave Act (FMLA) exists to protect workers during these situations by allowing eligible employees to take protected leave without losing their jobs.
Unfortunately, disputes over medical leave happen more often than many employees expect. Workers may be denied leave, disciplined for taking time off, pressured not to use leave, or retaliated against after requesting accommodations under state or federal law.
At Hawks Quindel, our Wisconsin FMLA lawyers represent employees across Wisconsin whose rights under the Family and Medical Leave Act or Wisconsin family leave laws may have been violated. For more than 60 years, our firm has focused on protecting workers and helping employees understand their legal rights when employers fail to follow the law.
"We do not represent corporations, and we do not represent the government. We represent workers against these large employers and government bureaucracies. That's who we are, that's who we've been, going back 60 years."
~ Attorney David Zoeller, Hawks Quindel
If you believe your employer improperly denied leave, interfered with your rights, or retaliated against you for taking protected time off, understanding your options early can make an important difference. Call us for a free case conference where we will listen to your story and explain your rights.
Why You Should Choose Hawks Quindel For Your FMLA Claim
FMLA disputes are often more complicated than employees realize. Employers may claim a worker was not eligible for leave, failed to follow procedures, or exhausted their available benefits. At the same time, the employee is often dealing with serious medical conditions, family emergencies, or financial stress while trying to protect their job.
The Hawks Quindel employment law team has spent decades representing workers across Wisconsin in employment law matters, including disputes involving the Family and Medical Leave Act and Wisconsin leave protections. We understand how these cases develop and how employers and HR departments often approach leave requests and attendance issues.
Our clients choose Hawks Quindel because we provide:
- Extensive experience representing employees in workplace rights disputes
- A worker-focused approach—we represent employees, never employers
- Guidance through complicated federal and Wisconsin leave laws
- Strategic representation in retaliation and interference claims
- Statewide representation with offices in Madison, Milwaukee, Appleton, and Waukesha
We understand that medical leave issues are not just legal disputes—they can affect your health, your family, and your financial stability. Our goal is to help you understand your rights and protect your ability to take legally protected leave when you need it most.
What Is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons. The law is designed to help employees balance work responsibilities with important personal and family needs without fear of losing their job or health insurance coverage.
Under the federal FMLA, eligible employees may take leave for these purposes:
- Their own serious health condition
- The serious health condition of a qualifying family member
- The birth, adoption, or foster placement of a child
- Certain military family situations and qualifying exigencies
Another benefit of the FMLA requires employers to maintain group health insurance coverage during qualifying leave under the same terms that would apply if the employee were still actively working. We can review your situation and explain all benefits available under federal and state laws.
Who Qualifies for Federal FMLA Leave?
Not every employee automatically qualifies for protection under the federal Family and Medical Leave Act. In general, an employee is eligible if:
- The employer has at least 50 employees within 75 miles of the employee’s worksite
- The employee has worked for the employer for at least 12 months
- The employee has worked at least 1,250 hours during the previous 12 months
Eligible employees may generally take up to 12 workweeks of unpaid leave during a 12-month period for qualifying reasons. Certain military caregiver leave situations may allow eligible employees to take up to 26 weeks of leave in a single 12-month period.
How Is the Wisconsin FMLA Different From the Federal FMLA?
Many employees are surprised to learn that Wisconsin has its own family and medical leave law in addition to the federal Family and Medical Leave Act. While the two laws overlap in some ways, they contain important differences involving eligibility requirements, available leave time, and how leave may be used.
Under Wisconsin’s FMLA law, employees may qualify for leave protections if:
- Their employer has at least 50 employees anywhere in the state
- The employee has worked for the employer for at least 52 consecutive weeks, and
- The employee has worked or been paid for at least 1,000 hours during the previous 52 weeks
These eligibility standards differ from the federal FMLA, which uses different hour and employer-location requirements.
Another major difference involves how leave is structured. The federal FMLA generally provides eligible employees with up to 12 weeks of leave within a 12-month period for qualifying reasons. Wisconsin law, however, separates leave into different categories depending on the reason for the absence.
For example, Wisconsin employees may receive up to six weeks of leave for the birth or adoption of a child, up to two weeks to care for a family member with a serious health condition, and up to two weeks for their own serious health condition. Because these categories are treated separately, understanding which law applies can become complicated when multiple types of leave are involved.
Wisconsin law also includes what is known as the “greater benefit rule.” In some situations, employees may be entitled to rely on whichever law—state or federal—provides the greater protection or benefit under their circumstances.
We can help determine how these overlapping laws apply by carefully reviewing your eligibility, the reason for your requested leave, and your employer’s policies and procedures. Call us for a free case screening to learn more.
What Is Considered a Serious Health Condition?
One of the most common disputes in FMLA cases involves whether an employee or family member has a qualifying “serious health condition.” In general, serious health conditions may include:
- Conditions requiring inpatient hospital care
- Ongoing treatment by healthcare providers
- Chronic illnesses requiring continuing care
- Conditions causing periods of incapacity
Examples may include:
- Cancer treatment
- Major surgery recovery
- Serious mental health conditions
- Pregnancy-related complications
- Chronic illnesses such as diabetes or epilepsy
Not every illness qualifies for protected leave, which is why employers sometimes challenge whether a condition meets the legal definition.
Can Your Employer Deny FMLA Leave?
Employers may deny leave requests in certain situations, particularly if the employee does not meet eligibility requirements or fails to provide required documentation. However, employers cannot improperly deny valid leave requests simply because the absence creates inconvenience or staffing challenges.
Improper denials may involve situations where:
- The employer misapplies the eligibility rules
- Medical certifications are unfairly rejected
- Employees are discouraged from requesting leave
- Some leave requests are treated differently from similar requests from other employees
To determine whether your denial violates the law, we can perform a careful review of the facts, communications, and employer policies involved in your situation. Our mission is to make sure your legal right to take time off work is protected at a time when you need it most.
What Is FMLA Interference?
FMLA interference occurs when an employer improperly prevents or discourages an employee from exercising their rights protected under the Family and Medical Leave Act. Examples of interference may include:
- Refusing to approve qualifying leave
- Failing to provide required notices or paperwork
- Pressuring employees not to use leave
- Miscalculating available leave time
- Requiring employees to work during protected leave
In some cases, employees do not realize interference occurred until they later experience disciplinary action or job consequences related to their leave.
Can Your Employer Retaliate Against You for Taking FMLA Leave?
It is unlawful for employers to retaliate against employees for exercising rights protected under the Family and Medical Leave Act or Wisconsin family leave laws. Retaliation acts may involve:
- Termination
- Discipline or write-ups
- Demotion
- Reduced hours or schedule changes
- Negative performance evaluations
- Increased scrutiny after leave requests
These cases often depend heavily on timing, documentation, and whether the employer’s stated reasons for its actions are consistent with the employee’s history and performance record.
What Should You Do If Your FMLA Rights Are Violated?
Employees dealing with potential FMLA violations are often unsure how to respond, especially when they are also dealing with medical or family issues. If you think your FMLA rights have been violated:
- Save all emails and written communications regarding the requested leave
- Keep copies of related medical certifications and paperwork
- Document all conversations with supervisors or HR
- Review attendance and disciplinary records carefully
- Contact the FMLA lawyers at Hawks Quindel to protect your rights
Speaking with our attorneys early may help you better understand your rights and whether the employer’s actions violated state or federal law. The sooner you reach out, the sooner we can start protecting you and your family.
What Makes FMLA Cases Complex?
FMLA disputes are rarely as simple as an employer outright refusing leave. Many cases involve disagreements about whether the employee was eligible for protection, whether the medical documentation was sufficient, how leave time was calculated, or whether the employer retaliated after qualified leave was taken
These situations often involve overlapping federal and Wisconsin laws, internal employer policies, medical documentation issues, and attendance systems. Our team of dedicated FMLA lawyers knows how to evaluate an FMLA case, including how a detailed analysis of records, timelines, and communications can support a solid legal claim.
How Hawks Quindel Helps Employees With FMLA Claims
At Hawks Quindel, we help Wisconsin employees understand and protect their rights under the Family and Medical Leave Act and Wisconsin leave laws. Depending on your situation, our attorneys may assist with:
- Evaluating leave denials and employer policies
- Reviewing disciplinary actions connected to medical leave
- Investigating retaliation or interference claims
- Communicating with employers regarding leave disputes
- Pursuing litigation or administrative claims when necessary
We understand that these cases often arise during stressful and uncertain periods in an employee’s life. Our goal is to provide practical legal guidance while helping you protect your job, income, and rights.
Also, various legal deadlines apply depending on the type of claim, so seeking legal guidance early can help you better understand your options and avoid issues that could affect your ability to pursue a claim later.
Ask the Hawks Quindel Team…
Can I take FMLA leave for mental health conditions?
Yes. Certain mental health conditions may qualify as serious health conditions if they require ongoing treatment or create periods of incapacity.
Can my employer contact me while I am on FMLA leave?
Limited communication may be allowed in some situations, but employers generally cannot require employees to continue performing regular work duties during protected leave.
What if my employer says I exhausted my leave?
Disputes sometimes arise over how leave was calculated or designated. We can carefully review your records to determine whether your employer handled your leave correctly.
Frequently Asked Questions About FMLA Leave in Wisconsin
Is FMLA leave paid?
Federal and Wisconsin FMLA leave are generally unpaid, although employees may sometimes use accrued paid leave during the leave period, depending on employer policies and applicable laws.
Can part-time employees qualify for FMLA?
Possibly. Eligibility depends on hours worked and other statutory requirements. We can review your eligibility during a free case screening.
Does Wisconsin FMLA apply to smaller employers?
Wisconsin and federal leave laws have different employer coverage rules, which may affect eligibility.
Can I be disciplined for absences covered by FMLA?
Generally, employers cannot lawfully discipline employees for taking qualifying protected leave. If you were penalized for taking legitimate time off, you may be able to bring a retaliation claim.
Speak With a Wisconsin FMLA Lawyer at Hawks Quindel Today
When serious health or family situations arise, employees should not have to choose between protecting their job and caring for themselves or their loved ones. Understanding your rights under the Family and Medical Leave Act and Wisconsin FMLA laws can help you respond effectively if problems develop at work.
Hawks Quindel has spent decades helping Wisconsin workers protect their workplace rights and address unlawful employer conduct. If you believe your FMLA rights may have been violated, we are here to help you understand your options and move forward with confidence.
Contact Hawks Quindel today by calling our Madison office at (608) 257-0040 or our Milwaukee office at (414) 271-8650, or fill out our confidential contact form. Our team will respond within one business day so you can receive quick answers to your questions.