Skip To Main Content

Select a School

Madison Metropolitan School District

Employee Handbook 2021-2022

2.6 Family and Medical Leave Act

Both the State of Wisconsin and the Federal Government have enacted laws governing family and medical leave. Both the Wisconsin and Federal Family and Medical Leave Acts (FMLA) provide eligible employees the opportunity to take job-protected leave to care for him/herself, a child, spouse or a parent who may have a serious health condition, or the birth/adoption of a child, with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The Federal FMLA provides additional benefits to care for a covered service member with a serious injury or illness. While FMLA leave is unpaid, employees may elect to substitute paid leave such as vacation, sick leave and legal leave. Information related to eligibility requirements, length of leave entitlement and other conditions of the Federal FMLA is available via http://www.dol.gov/whd/fmla/index.htm and for the Wisconsin FMLA at https://dwd.wisconsin.gov/er/civil_rights/fmla/default.htm.

Notification of Benefits and Leave Rights: Because the District has an employee handbook or other written policy concerning employee benefits or leave rights, information concerning FMLA entitlements and employee obligations under the FMLA is included in the Handbook as required by federal law. The District will post the text of the notice contained in the following link in a conspicuous place where notices to employees and applicants are customarily placed: http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf. See 29 U.S.C. § 2619(a); 29 C.F.R. § 825.300(a)(1).

Eligibility Notice: When an employee requests FMLA leave, or when the employer acquires knowledge that an employee leave may be for an FMLA-qualifying reason, the employer must notify the employee, within five business days, of the employee’s eligibility to take FMLA leave, absent extenuating circumstances. 29 C.F.R. § 825.300(b).

Rights and Responsibilities Notice: The District shall provide written notice outlining specific obligations of the employee and explaining any consequences of not meeting those requirements. 29 C.F.R. § 825.300(c). The District is satisfying this notice requirement by directing the employee to the following website, which combines the eligibility notice and the rights and responsibilities notice into a single form: U.S. DEP’T OF LABOR, Notice of Eligibility and Rights and Responsibilities (FMLA), available at http://www.dol.gov/whd/forms/WH-381.pdf

Designation Notice: The District shall “inform employees in writing whether leave requested under the FMLA has been determined to be covered under the FMLA.” U.S. DEP’T OF LABOR, Designation Notice (Family and Medical Leave Act), available at:

https://www.dol.gov/whd/forms/WH-382.pdf. See 29 C.F.R. § 825.300(d). The full FMLA is available at http://www.dol.gov/whd/fmla/index.htm