When an employee requests time off under the Family and Medical Leave Act (FMLA) but has not been with your company long enough to qualify, it can create a delicate situation. As an employer, you want to be understanding and fair while also ensuring that you remain compliant with legal requirements.
This scenario is a common challenge for many Wisconsin businesses. Knowing how to respond appropriately protects your company and supports a positive workplace culture.
This article explains the key eligibility requirements and offers clear steps to help you determine how to proceed if an employee does not yet meet the necessary qualifications.
Understanding FMLA Eligibility (Federal vs. Wisconsin State)
The first step is understanding who qualifies for FMLA. Both federal and Wisconsin state laws offer job-protected leave, but the requirements differ.
Federal FMLA eligibility requires:
- The employee has worked for you for at least 12 months (not necessarily consecutively).
- The employee has logged at least 1,250 hours of service during the 12 months prior to the leave request.
- Your business employs 50 or more employees within a 75-mile radius.
Wisconsin FMLA (WFMLA) eligibility requires:
- The employee has worked for you for at least 52 consecutive weeks.
- The employee has worked or been paid for at least 1,000 hours in the previous 52 weeks.
- You employ 50 or more permanent employees in Wisconsin.
These subtle differences can create confusion. In many cases, especially for newer employees, neither standard has been met. That doesn’t automatically mean the conversation is over, though.
What to Do if an Employee Isn’t Eligible for FMLA
- Communicate with Transparency and Compassion
First and foremost, have an open and respectful conversation. Let your employee know that, unfortunately, they don’t currently meet the legal requirements for FMLA. Be specific and factual about which criteria are missing. This will help maintain trust and prevent misunderstandings.
Use this as a chance to reassure them that you’re committed to supporting them as best you can within the policies and resources you have.
- Offer Alternative Leave Options
Just because they don’t qualify for FMLA doesn’t mean all leave options are off the table. Review your company policies and consider:
- Accrued paid time off (PTO)
- Sick days or vacation time
- Short-term disability insurance (if offered)
- Unpaid personal leave of absence
If your business has a flexible work policy or can temporarily adjust schedules, that may also help the employee manage their situation without formal FMLA.
- Consider Other Legal Protections
Depending on the reason for the leave request, other federal and state protections may come into play:
- Americans with Disabilities Act (ADA): If the employee has a qualifying disability, including serious health conditions, you may be required to provide reasonable accommodations, which could include unpaid leave.
- Pregnancy Discrimination Act (PDA): If the request is related to pregnancy, the PDA protects against discriminatory treatment.
- Wisconsin Fair Employment Act (WFEA): This state law protects employees against discrimination based on disability, pregnancy, and other factors.
When in doubt, always consult with an HR expert or employment attorney.
- Document the Process
As with any employee matter, thorough documentation is key. Record:
- The employee’s leave request
- Your responses and explanations of eligibility
- Any accommodations or alternatives you offered
This protects your business and ensures consistency and fairness if similar situations arise in the future.
Best Practices for Wisconsin Employers
Create Clear Leave Policies
One of the easiest ways to prevent confusion is to have a detailed, well-communicated leave policy. Your policy should clearly state:
- What types of leave are available
- Eligibility criteria
- The steps employees need to take to request leave
Consider adding a section for “personal leave” or “unpaid leave” requests that fall outside traditional policies. This shows you are flexible and care about employee well-being, while still maintaining structure.
Train Your Leadership Team
Managers and HR personnel should be trained to recognize when FMLA (or other leave laws) may apply and how to respond appropriately. Proper education reduces legal risks and fosters a supportive workplace culture.
Consult with Experts
Employee leave laws can be complex and change frequently. When in doubt, consult with legal counsel or experienced HR professionals who can guide you on the best way to remain compliant while supporting your employees.
Conclusion
When an employee requests FMLA leave but isn’t eligible, the situation requires balance. Employers must protect their legal obligations while showing empathy and exploring every available option to support their team.
Taking the time to communicate clearly, offer alternatives, and document thoroughly can minimize risks and strengthen workplace relationships.
SustainableHR PEO & Recruiting helps businesses in Wisconsin manage HR, payroll, and compliance needs with care and expertise. From creating clear policies to providing day-to-day HR support, SustainableHR PEO & Recruiting works alongside businesses to help confidently address complex workforce issues.
Contact SustainableHR PEO & Recruiting today to learn how the team can help your business stay compliant and focus on what matters most—your people.
