If you worked for an employer covered by the Family Medical Leave laws and you qualify for protection, then you may have a claim under Federal or Wisconsin law. Generally, a covered employer is one that has 50 or more employees. A covered employee is one that has worked for the employer for 1 year or more and has worked at least 1,000 hours in the past 52 weeks (Wisconsin law) or 1,250 hours in the past 12 months (Federal law). If these requirements are met for coverage, then the employer may have had a legal obligation to permit you to care for your daughter. Under Wisconsin law, you must file a complaint with the Equal Rights Division, Department of Workforce Development, within 30 days of the termination. Federal law requires you to file a complaint in court within 2 years, generally, but you have 3 years if the violation was willful. Don't delay in contacting the Wisconsin Equal Rights Division to file a complaint. The ERD will conduct an investigation and make an initial determination on whether you are covered by the Wisconsin law--not the Federal law.
We have more information on Family Medical Leave and how to file a complaint with the ERD on our website at http://www.celcwi.com/medical_leave.html.
Answered on Dec 11th, 2013 at 10:41 AM