Current through August 26, 2024
(1) The leave
allowed under the act may be taken in non-continuous increments. An employee
may schedule and take partial absence leave, as provided in s.
103.10(3) (d), Stats., or medical leave as provided in
s.
103.10(4) (c), Stats., in actual increments of less
than a full workday if the employer allows any other leave to be taken in
increments of less than a full workday. The duration of the shortest increment
available to the employee under the act shall be equal to the shortest
increment the employer allows to be taken by that employee for any other
non-emergency leave.
(2) For
purposes of the partial absence leave authorized by s.
103.10(3) (d), Stats., the word "week" as used in s.
103.10(3) (a), Stats., means 5 days of leave which
would otherwise be workdays for the requesting employee.
(3)
(a) An
employee shall be deemed to have scheduled partial absence, for the reasons
described in s.
103.10(3) (b) 1 and 2., Stats., in a fashion that "does not
unduly disrupt the employer's operations" within the meaning of s.
103.10(3) (d), Stats.,
1. If the employee provides the employer with
notice of the employee's proposed schedule of partial absence which is at least
as much notice as the shortest notice that employee is required to give the
employer for the taking of any other non-emergency or non-medical leave,
and
2. If the schedule is
sufficiently definite for the employer to be able to schedule replacement
employees, to the extent replacement employees are required, to cover for the
absences.
(b) An
employee shall be deemed to have scheduled partial absence, for the reasons
described in s.
103.10(3) (b) 3, Stats., in a fashion that "does not
unduly disrupt the employer's operations "within the meaning of s.
103.10(3) (d), Stats.,
1. If the employee provides the employer with
a proposed schedule for the leave with reasonable promptness after the employee
learns of the probable necessity for the leave, and
2. Except where precluded by the need for
health care consultation or treatment, if that proposed schedule is
sufficiently definite that the employer is able to schedule replacement
employees, to the extent replacement employees need to be scheduled, to cover
the absence of the employee taking the leave.
(c) If an employer has a written policy which
requires notice of scheduled absences under s.
103.10(3) (d), Stats., to be in writing, if this policy
governs all employees of the employer within this state, and if the employee
has been made aware of this policy, the employee shall advise the employer
under this subsection in writing.
(4)
(a) An
employee shall be deemed to have given the employer "advance notice of the
medical treatment or supervision in a reasonable and practicable manner" within
the meaning of s.
103.10(6) (b) 2, Stats., if the notice identifies the
planned dates of the leave and is given to the employer by the employee with
reasonable promptness after the employee learns of the probable necessity of
the leave.
(b) If the employer has
a written policy which requires notice of leave pursuant to s.
103.10(6) (b) 2, Stats., to be in writing, if this
policy governs all employees of the employer within this state, and if the
employee has been made aware of this policy, the notice required by s.
103.10(6) (b) 2, Stats., shall be in writing except
where precluded by the need for health care consultation or
treatment.
(5) An
employee shall be deemed to have made "a reasonable effort" to schedule a leave
so that it does not "unduly disrupt the employer's operations" within the
meaning of s.
103.10(6) (b) 1, Stats.,
(a) If the employee provides the employer
with a proposed schedule for the leave with reasonable promptness after the
employee learns of the probable necessity of the leave, and
(b) Except where precluded by the need for
health care consultation or treatment, if that proposed schedule is
sufficiently definite that the employer is able to schedule replacement
employees, to the extent replacement employees need to be scheduled, to cover
the absence of the employee taking the leave.
(6)
(a) An
employee may commence family leave pursuant to s.
103.10(3) (b) 1, Stats., no earlier than 16 weeks
before the estimated date of birth and no later than 16 weeks after the actual
date of birth.
(b) An employee may
commence family leave pursuant to s.
103.10(3) (b) 2, Stats., no earlier than 16 weeks
before the expected date of placement either for adoption or as a precondition
for adoption under s.
48.90(2),
Stats., and no later than 16 weeks after the actual date of placement either
for adoption or as a precondition for adoption under s.
48.90(2),
Stats.
(7) Leave
available during "a 12-month period", within the meaning of s.
103.10(3) (a) and (4)
(b), Stats., and s.
DWD 225.01(1)
(m), must be used within that 12-month
period. No more than one 6 week period of leave may be used by an employee,
either as continuous or partial absence leave, as to the birth or adoption of
any one child.
(8) Family leave
requested by an employee may be denied by an employer if the employee
substantially fails to provide that employer with proper notice of that leave
pursuant to s.
103.10(6),
Stats., as interpreted by this section.
(9) Except where emergency health care
consultation or treatment is required, an employer may deny a requested leave
where the employer has made a proper request for certification pursuant to s.
103.10(7),
Stats., as to that leave, and the employee requesting the leave fails or
refuses, after that proper request, to substantially comply with the provisions
of s.
103.10(7),
Stats., as to certification.
