Wisconsin FMLA Leave Rights Expanded to Include Domestic Partnerships
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On June 29, 2009, Governor Doyle signed Wisconsin's budget bill which included a new law regarding Domestic Partnerships. The Domestic Partnership law is an historic piece of legislation that for the first time recognizes domestic partnerships across the state. Among other benefits for domestic partners, this new legislation amended the Wisconsin Family and Medical Leave Act ("WFMLA") to provide leave benefits to domestic partners, whether they are same-sex or opposite-sex domestic partners. All employers with at least 50 employees should become familiar with the changes and revise their FMLA policies accordingly.
Background on FMLA Leave Benefits
Before the Domestic Partnership law was passed, the WFMLA limited an employee's ability to take leave for a family member to parents, parents-in-law, spouses and children (including stepchildren, adopted children, foster children and legal wards). The new provision greatly expands the scope of who will be considered a "family member" for purposes of the WFMLA.
It should be noted that the federal Family and Medical Leave Act (FMLA) still has no provision allowing unmarried partners to take time off to care for each other. Domestic partnerships - whether between a man and a woman, two men, or two women, have no legal status, generally, under federal law.
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