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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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Pregnancy Leave. 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 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, possibly including pregnancy. (WI Gen. Stat. Sec.103.10).
Under WFMLA, employees may choose to take their leave as unpaid or to substitute any accrued paid leave the employee has for unpaid WFMLA leave. The WFMLA applies to employers with 50 or more employees.
Employers with 50 or more employees may also be subject to the federal Family and Medical Leave Act(FMLA). There is additional information about “serious health condition” and other details about the acts.
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.
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