Does my employer have to keep my job open while I'm on FMLA leave?

In Wisconsin, employers are required to keep your job open while you are on Family and Medical Leave Act (FMLA) leave if you meet certain qualifications. To be eligible for FMLA leave, you must have worked for the employer for at least 12 months, 1,250 hours during the past 12 months, and have at least 50 employees working within a 75-mile radius. If you qualify for FMLA leave, your employer must allow you to take up to 12 weeks of job-protected leave during the year. During this time, your employer must keep your job open for you. When you return from FMLA leave, your employer must return you to your original job or to an equivalent position with the same pay, benefits, working conditions, and privileges. In addition, your employer must continue to provide the same benefits coverage, such as health insurance, as if you had never taken leave. Other benefits such as vacation or sick time must also be continued. Your employer is not allowed to terminate you or discriminate against you based on your decision to take FMLA leave. Although FMLA leave is unpaid, you may be eligible for up to 12 weeks of unemployment benefits while you are on FMLA leave. You may also be eligible for short-term disability insurance, which is available through most employers. FMLA leave is a law that provides job security and other benefits to employees. If you meet the qualifications, your employer must keep your job open for you while you are on FMLA leave.

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