360 Taking partial leave and related issues

The Respondent violated the WFMLA when it denied the Complainant's request to take a partial day of WFMLA leave to care for her son's serious health condition and when it subjected her to adverse employment consequences, including a letter of reprimand and adverse findings in a Performance Improvement Plan, because she left work to take her son to his appointment following the Respondent's unlawful denial of her family and medical leave request. Moran v. Cnty. of Waukesha (ALJ Decision, ERD Case #, CR20180322602/16/2021).

Any non-continuous increment of the six-week family leave allowed for the birth of a child under sec. 103.10(3)(b)1, Stats., must begin within sixteen weeks of the child’s birth. Schwedt v. DILHR, 188 Wis. 2d 500, 525 N.W.2d 130 (Ct. App. 1994).

An employee taking non-consecutive family leave may take non-consecutive leave during the first 16-week period before or after the birth or adoption of a child and begin the remaining non-consecutive increment as late as 16 weeks after the birth or adoption date, provided that the remaining non-consecutive increment has been properly commenced within the 16 weeks before or after the birth or adoption of the child. Fuller v. DILHR (Milwaukee Co. Cir. Ct., 04/05/93).