The Wisconsin Family and Medical Leave Act (FMLA) and the Federal FMLA are similar in many respects, but have different eligibility requirements and provide different benefits. Determining eligibility and scope of benefits can be a challenging process.
The following rules of thumb for coordinating the WFMLA and FMLA are helpful:

• An employee must meet the eligibility requirements under either law to be covered under that law.
• An employee who meets both the WFMLA and FMLA threshold requirements is eligible for both WFMLA and FMLA benefits. The FMLA does not supersede state laws (such as the WFMLA) that provide more generous family and medical leave benefits. Therefore, when an employee is entitled to leave under both laws, apply the law which provides the greater (more generous) leave rights.

There are two requirements to qualify for WFMLA coverage:

• An employee must have been employed by the same employer for more than 52 consecutive weeks at any time during the employee's employment with the employer.
• An employee must have worked for the employer for at least 1000 hours during the 52-week period preceding the commencement of the leave.

There are two requirements to qualify for FMLA coverage:

• An employee must have been employed by the same employer for at least 12 months.
• An employee must have been employed for at least 1250 hours of service during the 12- month period preceding the commencement of the leave.

The WFMLA requires that an eligible employee receive in any 12-month period:

• up to 6 weeks of unpaid leave for the birth or adoption of a child.
• up to 2 weeks of unpaid leave for the care of a child, spouse, or parent with a serious health condition.
• up to 2 weeks of unpaid leave for the employee's own serious health condition.

The FMLA requires that an eligible employee receive in any 12-month period up to 12 weeks of unpaid leave:

• for the birth of a child and to care for the newborn child.
• for the placement of a child with the employee for adoption or for foster care.
• for the care of a child, spouse, or parent with a serious health condition.
• for the employee's own serious health condition.

• WFMLA: Advance notice of leave, if possible, in a reasonable and practicable manner.
• FMLA: Thirty days notice of leave where the need for leave is foreseeable and notice is practicable (e.g., maternity leave).

• WFMLA: An employer may require certification of the health condition of the employee or the affected family member. The request for certification is limited in scope to certain statutorily prescribed questions. Those questions are:
• Whether the person has a serious health condition.
• The date the condition began and how long it is expected to last.
• The provider's knowledge of the medical facts about the serious health condition.
• If the employee is requesting medical leave, the extent to which the employee can or cannot perform the job.
• FMLA: An employer may require the employee to provide medical certification supporting the need for leave. U. S. Department of Labor Form WH-380 outlines the statutorily prescribed medical certification questions.

• WFMLA: An employee may substitute accrued leave (paid or unpaid) of any type offered by the employer.
• FMLA: An employee may elect, or the employer may require, that accrued paid leave be substituted in some cases. There are no limits on substituting paid vacation or personal leave.

• WFMLA: Permitted for all family and medical leaves in increments equal to the shortest increments the employer permits for any other non-emergency leave. (e.g., hour, half-day, day).
• FMLA: Permitted for serious health conditions when medically necessary. Intermittent leave for births, adoptions, and foster care placements is not permitted unless the employer and employee agree to such leave.

Under both statutes, an employer must maintain the employee's group health coverage under the same conditions as existed prior to the leave The employee must continue to pay the employee's share, if any, of the insurance premium.

Both laws require employers to post notices informing employees of their rights under the respective laws.