Can I take FMLA leave for an employee's military deployment?

Yes, you can take FMLA leave for an employee’s military deployment in Wisconsin. The federal Family and Medical Leave Act (FMLA) allows up to 12 weeks of job-protected leave for a covered employee due to the deployment of a spouse, son, daughter, or parent in the Armed Services, including the National Guard and Reserves. In Wisconsin, the state FMLA law covers employers with at least 50 employees within a 75 mile radius. Wisconsin’s FMLA law is more generous and provides up to 24 weeks of leave in a single 12-month period for a qualifying reason. An employee who is going on active duty in the military is eligible for up to 10 days of leave that can be taken at either the beginning or the end of the deployment. This leave may be taken all at once or spread out over different periods and dates, provided the employer is given sufficient notice. Employers must also allow employees to use any accrued vacation and other paid time off benefits to supplement their leave entitlement. Employees on FMLA leave due to military deployment must also be paid the difference between their normal wages and any military pay they receive for the duration of their leave period. In addition, employees on FMLA leave due to military deployment must be allowed to continue their health insurance benefits during their leave. Coverage must be available at the same level and cost the employee had prior to taking leave. In summary, an employee who is going on active duty in the military is eligible for up to 10 days of leave and this leave may be supplemented with accrued paid vacation and other benefits. The employee must also continue to receive their normal wages and health insurance benefits while on FMLA leave due to military deployment.

Can I take FMLA leave for an employee's military deployment?

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