Legal Question in Medical Leave in Wisconsin

FMLA leave
I have recently given birth to a child. My doctor has released me to return to work on 2/19/07. My employer is telling me I have 6 weeks of FMLA beginning 2/19/07.

My question is:

Must I take all 6 weeks in one chunk? Or, may I break the 6 weeks into 2 chunks as long as both chunks fall within 16 weeks of the birth?

(I teach and am ''off contract'' for 1 week of spring break. My employer wants to charge me FMLA for that week. So, I am wondering if I can use FMLA for the weeks leading up to my ''off contract week'', then return to work for my ''off contract week'' and then go back on FMLA for my remaining balance of the 6 weeks).

Asked on 2/15/07, 5:07 pm

2 Answers from Attorneys

Nilesh Patel Mahadev Law Group, LLC

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Re: FMLA leave

Off the top of my head, I do not believe the employer can charge you fmla for a standard week off. Take a look at the policy to see if it says FMLA will be used even where there is a day off that is not due to vacation.If you are under contract, talk to you union rep. or look at the union contract as well. I would think you would only use up five week since teachers are off for spring break.

Please note - this is not a formal legal opinion and should not be considered legal advice. If you'd like to talk about it further, please contact me.

Answered on 2/15/07, 6:33 pm

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