Family And Medical Leave
HACM provides unpaid leaves of absence to eligible employees for the following reasons, pursuant to the federal Family and Medical Leave Act and the Wisconsin Family and Medical Leave Act:
- The birth or placement of a child for adoption or, under the federal Family and Medical Leave Act (FMLA), for foster care. This family leave applies whether the employee is male or female.
- To care for your spouse, child, or parent with a serious health condition. To care (for up to two work weeks) for your domestic partner with a serious health condition or for the parent of your spouse or domestic partner with a serious health condition.
- Your own serious health condition that renders you unable to perform your job.
- For military exigencies, which are various short-term matters requiring your attention when your spouse, son, daughter, or parent has been called to active duty or is on active duty in the Armed Forces (including the National Guard or Reserves) in a foreign country. Qualifying exigencies may include matters such as:
- For care of a spouse, son, daughter, parent, or next of kin (a covered service member), who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness that was incurred in or aggravated by service in the line of duty while on active duty in the Armed Forces (including the National Guard or Reserves), and who either:
Maximum Duration of Leaves
- Federal FMLA. Qualified employees are entitled to a total of 12 weeks of federal FMLA leave during a calendar year for any reason other than military caregiver leave. Employees entitled to military caregiver leave are entitled up to 26 weeks of FMLA leave in a 12-month period. Under federal law, leave for birth, adoption or foster care must commence within 12 months of the birth or placement.
- Wisconsin FMLA. Under the Wisconsin FMLA, qualified employees are entitled to:
- Six weeks of leave for a birth, placement, or adoption, if leave begins with 16 weeks of the birth or placement of that child;
- Two weeks of leave for your own serious health condition;
- Two weeks of leave for the care of a child, spouse, domestic partner, parent, parent-in-law, or the parent of a domestic partner with a serious health condition.
Leave taken under the Wisconsin FMLA runs concurrently with leave taken under the federal FMLA for the same qualifying reason. Workers' compensation absences also run concurrently with leaves taken under both state and federal FMLA law.
Partial leave, intermittent leave, or leave on a reduced leave schedule basis may be available based on your reason for leave and the amount of leave used. However, HACM does not permit intermittent leave for birth, placement or adoption of a new child.
Application for Leave
Eligible employees requesting family or medical leave must provide leave requests to Human Resources no less than thirty (30) calendar days prior to the commencement date of the leave, if the need for leave is foreseeable. If the need for leave is not foreseeable, notice of leave must be provided as soon as possible, generally on the same day and in conformity with company policy for providing notice of an unforeseen absence.
Leave related to planned medical treatment of you or your family member should be scheduled so as not to unduly disrupt company operations.
Failure to comply with these notice standards, or to follow applicable company procedures on giving notice of an absence may result in the delay or denial of your leave request.
If a leave is approved, you must make clear that your absence is because of the specific approved reason when you call in for any absence related to that reason. Absent unusual circumstances, failure to do so will result in a delay or in the denial of the absences as FMLA leave.
All benefits will continue throughout approved leave periods, up to the maximum leave time allowed, in the same manner as they would have had you been working, except that uncompensated time off on leave will not be considered "time worked" for purposes of accruing any benefit.
Medical insurance coverage will continue only as long as you continue to pay your portion of the premium in a timely fashion. If you do not do so, coverage may be terminated.
The Agency will continue to make available group health insurance coverage, life insurance and disability insurance on the same terms and conditions as if the employee was not on leave.
Pay During Leave/Substitution Of Paid Leave
Family and medical leaves are generally unpaid.
- Federal FMLA. Consistent with federal FMLA, HACM requires that eligible employees substitute paid leaves for otherwise unpaid family or medical leave. Eligible employees are required to substitute paid vacation, sick or personal leave for any family or medical leave reason (as set forth below).
- Wisconsin FMLA. Under Wisconsin FMLA, eligible employees may substitute any type of accrued paid leave for any type of FMLA leave.
This policy will be interpreted and applied so as to comply and be consistent with the requirements of the Wisconsin and Federal Family and Medical Leave Acts.
Return to Work
Eligible employees are expected to return to work at the planned expiration date of their leave, or if they are able to return earlier, when they are able to return. An employee must give notice of return to work as soon as practicable (at least two working days if feasible) to Human Resources.
HACM reserves the right to require eligible employees on leave to periodically report their status and intent to return to work. Similarly, eligible employees returning from medical leave may be required to obtain and present medical certification from their designated health care provider making clear that they are able to resume work and perform the essential functions of their jobs.
Reinstatement on Return from Leave
The Agency’s policy is to place the employee in the position previously held by the employee if still open. If the position is no longer open or available, the Agency will, to the extent required by law, return the employee to a substantially equivalent position.
Reinstatement for certain eligible highly compensated key employees may be more restricted. If you fall within the category of highly compensated key employees, you will be advised of your status when you request leave or when leave begins.
Any questions regarding Family and Medical leave can be directed to the Manager of Human Resources.
The complete HACM FMLA policy can be accessed from the current third party payroll processing Portal. This outlines eligibility requirements, benefits, responsibilities and procedures for HACM employees under the Wisconsin Family and Medical Leave Act, (WFMLA) Section 103.10 Wisconsin Statutes, and the Federal Family and Medical Leave Act, (FMLA) 29 U.S.C. 2601 et. seq., as amended.