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LIRC does not have authority to review ERD decisions regarding alleged violations of the Wisconsin Family Medical Leave Act ("WFMLA"), or to give any initial consideration to such allegations. Likewise, LIRC does not have authority (nor does the ERD) to entertain claims under the federal FMLA. Rybak v. Wis. Physicians Serv. (LIRC, 05/31/2013).
Wisconsin's Family Medical Leave Act ("WFMLA") differs from the Fair Employment Law regarding an employer's obligations to an employee returning from WFMLA leave. The WFMLA generally requires that an employee be returned to an "equivalent position" when returning from leave, rather than a "substantially equivalent" position. Ramos v. Stoughton Trailers, Inc. (LIRC, 08/16/01).