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Wisconsin Maternity and Pregnancy: What you need to know

The state Fair Employment Law prohibits employment practices that discriminate on the basis of pregnancy, childbirth, maternity leave or related medical conditions. The Act covers all private and public employers regardless of size (WI Gen. Stat. Sec. 111.31, 111.36et seq.).
In general, employers are required to treat pregnancy, childbirth, maternity leave and related medical conditions the same as they would treat any other temporary disability for all employment and benefits purposes.
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With respect to time off and job reinstatement, the Wisconsin Fair Employment Practice Act requires that pregnant employees be treated the same as employees with other types of temporary disabilities.
Under the Wisconsin Family and Medical Leave Act (WFMLA) eligible employees are entitled to 2 weeks of unpaid leave in a 12-month period for their own serious health conditions, which may include pregnancy. (WI Gen. Stat. Sec.103.10).
The WFMLA applies to employers with 50 or more employees.
Under the WFMLA, employees may choose to take their leave as unpaid or to substitute any accrued paid leave the employee has for unpaid WFMLA leave.
Compare the FMLA. Under the federal FMLA, the employer may require the employee to use up his or her accrued leave while on FMLA leave. Under the WFMLA, it is the employee's choice to take his or her leave as paid or unpaid, and the employer may not require the employee to substitute his or her accrued leave.
Please see the Leave of Absence (FMLA) topical analysis for additional discussion.
Employers covered by the WFMLA must offer male and female employees up to 6 weeks of unpaid leave upon the birth or adoption of a child if the ...

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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