The largest category of FMLA complaints involved employers' refusal to restore employees to their jobs following leave. The second largest complaint category involved refusal to grant leave. Although the number of claims filed in Wisconsin has increased, the individual claims have not been significant. The Wisconsin district director states that employers are eager to comply once FMLA requirements are explained to them. A number of bills have been introduced in the Wisconsin legislature to make the state FMLA more consistent with its federal counterpart.
Current discrepancies make it very difficult for employers to comply with both laws.
Assembly Bill 200 would eliminate an employee' s choice to substitute paid sick leave for unpaid FMLA leave-a choice denied under federal law unless the employer allows the substitution. AB 355 would allow employees up to 16 weeks of state FMLA leave. Individual Liability . An Illinois federal district court has held that individuals with the authority to prevent workers from exercising their FMLA rights can be held personally liable for violations. Although this issue has not been addressed by Wisconsin courts, it demonstrates the need for proper application of FMLA leave rights by managers and supervisors.