Section DWD 225.02 - When and how leave taken(1) The leave allowed under the act may be taken in non-continuous increments. An employee may schedule and take partial absence leave, as provided in s. 103.10(3) (d), Stats., or medical leave as provided in s. 103.10(4) (c), Stats., in actual increments of less than a full workday if the employer allows any other leave to be taken in increments of less than a full workday. The duration of the shortest increment available to the employee under the act shall be equal to the shortest increment the employer allows to be taken by that employee for any other non-emergency leave.(2) For purposes of the partial absence leave authorized by s. 103.10(3) (d), Stats., the word "week" as used in s. 103.10(3) (a), Stats., means 5 days of leave which would otherwise be workdays for the requesting employee.(3)(a) An employee shall be deemed to have scheduled partial absence, for the reasons described in s. 103.10(3) (b) 1 and 2., Stats., in a fashion that "does not unduly disrupt the employer's operations" within the meaning of s. 103.10(3) (d), Stats., 1. If the employee provides the employer with notice of the employee's proposed schedule of partial absence which is at least as much notice as the shortest notice that employee is required to give the employer for the taking of any other non-emergency or non-medical leave, and2. If the schedule is sufficiently definite for the employer to be able to schedule replacement employees, to the extent replacement employees are required, to cover for the absences.(b) An employee shall be deemed to have scheduled partial absence, for the reasons described in s. 103.10(3) (b) 3, Stats., in a fashion that "does not unduly disrupt the employer's operations "within the meaning of s. 103.10(3) (d), Stats., 1. If the employee provides the employer with a proposed schedule for the leave with reasonable promptness after the employee learns of the probable necessity for the leave, and2. Except where precluded by the need for health care consultation or treatment, if that proposed schedule is sufficiently definite that the employer is able to schedule replacement employees, to the extent replacement employees need to be scheduled, to cover the absence of the employee taking the leave.(c) If an employer has a written policy which requires notice of scheduled absences under s. 103.10(3) (d), Stats., to be in writing, if this policy governs all employees of the employer within this state, and if the employee has been made aware of this policy, the employee shall advise the employer under this subsection in writing.(4)(a) An employee shall be deemed to have given the employer "advance notice of the medical treatment or supervision in a reasonable and practicable manner" within the meaning of s. 103.10(6) (b) 2, Stats., if the notice identifies the planned dates of the leave and is given to the employer by the employee with reasonable promptness after the employee learns of the probable necessity of the leave.(b) If the employer has a written policy which requires notice of leave pursuant to s. 103.10(6) (b) 2, Stats., to be in writing, if this policy governs all employees of the employer within this state, and if the employee has been made aware of this policy, the notice required by s. 103.10(6) (b) 2, Stats., shall be in writing except where precluded by the need for health care consultation or treatment.(5) An employee shall be deemed to have made "a reasonable effort" to schedule a leave so that it does not "unduly disrupt the employer's operations" within the meaning of s. 103.10(6) (b) 1, Stats., (a) If the employee provides the employer with a proposed schedule for the leave with reasonable promptness after the employee learns of the probable necessity of the leave, and(b) Except where precluded by the need for health care consultation or treatment, if that proposed schedule is sufficiently definite that the employer is able to schedule replacement employees, to the extent replacement employees need to be scheduled, to cover the absence of the employee taking the leave.(6)(a) An employee may commence family leave pursuant to s. 103.10(3) (b) 1, Stats., no earlier than 16 weeks before the estimated date of birth and no later than 16 weeks after the actual date of birth.(b) An employee may commence family leave pursuant to s. 103.10(3) (b) 2, Stats., no earlier than 16 weeks before the expected date of placement either for adoption or as a precondition for adoption under s. 48.90(2), Stats., and no later than 16 weeks after the actual date of placement either for adoption or as a precondition for adoption under s. 48.90(2), Stats.(7) Leave available during "a 12-month period", within the meaning of s. 103.10(3) (a) and (4) (b), Stats., and s. DWD 225.01(1) (m), must be used within that 12-month period. No more than one 6 week period of leave may be used by an employee, either as continuous or partial absence leave, as to the birth or adoption of any one child.(8) Family leave requested by an employee may be denied by an employer if the employee substantially fails to provide that employer with proper notice of that leave pursuant to s. 103.10(6), Stats., as interpreted by this section.(9) Except where emergency health care consultation or treatment is required, an employer may deny a requested leave where the employer has made a proper request for certification pursuant to s. 103.10(7), Stats., as to that leave, and the employee requesting the leave fails or refuses, after that proper request, to substantially comply with the provisions of s. 103.10(7), Stats., as to certification.Wis. Admin. Code Department of Workforce Development DWD 225.02
Cr. Register, November, 1989, No. 407, eff. 12-1-89; correction in (7) and (8) made under s. 13.93(2m) (b) 7, Stats., Register, April, 1996, No. 484.