Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

FMLA + WFMLA + Short Term Disability - Wisconsin and Minnesota Maternity Leave

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • FMLA + WFMLA + Short Term Disability - Wisconsin and Minnesota Maternity Leave

    Here is the scenario we are dealing with…

    Wife is pregnant and needs to go on maternity leave.

    Company she works for has two locations in two states:
    • One office with 50+ employees in Minnesota.
    o This office is considered the company headquarters.
    • One office with 20 employees in Wisconsin.
    o Wife works at this office.

    The office wants her to sign a document stating:
    • Personal leave and sick pay are not payable during this period.

    The office offers a Short Term Disability program for its mangers (company funded, not insurance), but they want her to sign a document stating:
    • You will need to repay the STD if you do not return to work or if you resign within 90 days after returning to work.

    FMLA Question:
    • Does my wife qualify for FMLA? (she meets the 1250 hours over the past 12 months requirement).

    WFMLA Questions:
    • Does my wife qualify for WFMLA even though the company headquarters are in MN?
    • Under WFMLA, employee has the right to substitute paid leave (ex. sick leave) during leave – is the employer violating WFMLA by refusing her to use sick leave during her leave?

    STD Question:
    • Does the company have any legal standing to force her to repay STD payment in she voluntarily decides not to come back to work?
    • Under WFMLA, employee has the right to substitute paid leave (ex. sick leave) during leave – can she claim STD payments were paid leave protected under WFMLA and the company’s policy of repayment violates WFMLA?

    Thank you!

  • #2
    First question that is going to impact the answers to all the rest; how many miles apart are the two offices? Are there at least 50 employees located within 75 miles of the office where she actually works?

    Here is a chart which compares the state law with federal FMLA (assuming either qualifies) http://www.dol.gov/whd/state/fmla/wi.htm
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      ...125 miles apart...

      Comment


      • #4
        Then it appears that neither law applies here. She would be entitled to however much leave anyone else would get for a non-maternity related absence.

        If she fails to return to work, she can be required to pay back the salary continuation she received while on leave as it is not an insurance policy but a company benefit.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment


        • #5
          After a little more research, it appears she does qualify for WFMLA

          This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 hours during the preceding 52-week period (103.10(2)(c) - http://docs.legis.wisconsin.gov/stat...tatutes/103/10 )

          Now with the assumption that she does have WFMLA protection:

          •Under WFMLA, employee has the right to substitute paid leave (ex. sick leave) during leave – is the employer violating WFMLA by refusing her to use sick leave during her leave?
          •Under WFMLA, employee has the right to substitute paid leave (ex. sick leave) during leave – can she claim STD payments were paid leave protected under WFMLA and the company’s policy of repayment violates WFMLA? Another was to phase it, is STD a form of leave?
          •Under WFMLA, Does the company have any legal standing to force her to repay STD payment in she voluntarily decides not to come back to work?

          Comment


          • #6
            I'll answer one of your questions. Long-term disability (LTD) and short-term disability (STD) are not forms of leave; they are how a person is paid when they are on leave that would otherwise be unpaid.
            Last edited by Marketeer; 03-18-2013, 05:54 PM.
            I am not able to respond to private messages. Thanks!

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X