Terminated While on Medical Leave: Navigating the Wisconsin FMLA and Wrongful Dismissal

Taking time off work to care for a new baby, a dying parent, or your own serious health condition is stressful enough. The nightmare deepens when you receive a call or letter from your employer stating that you have been terminated. In Wisconsin, employers generally operate under 'at-will' employment, meaning they can fire you for almost any reason. However, state and federal medical leave laws act as a powerful shield against losing your job while dealing with a family crisis.

The Wisconsin Family and Medical Leave Act (WFMLA) provides specific job protections that are separate from general disability discrimination laws. If you qualify for WFMLA, your employer is legally required to restore you to the exact same position, or an equivalent one, when you return. Firing you because you took leave, or firing you while you are on approved leave without a completely unrelated and valid business reason, is wrongful termination.

This guide explains how the WFMLA protects you in Milwaukee, Madison, Green Bay, and beyond, highlighting specific scenarios and the incredibly tight deadlines you must follow to seek justice.

Step-by-Step Process in Wisconsin

If you were fired while on FMLA leave, time is not on your side. You must act aggressively to preserve your legal claim.

Step 1: Gather Your Leave Documentation

Collect all emails, text messages, and formal paperwork regarding your leave. You need proof that you requested the leave, that you provided the required medical certifications, and that the employer either approved the leave or was fully aware of your qualifying medical situation.

Step 2: File a Complaint with the Equal Rights Division

Before you can sue your employer in a Wisconsin Circuit Court for a WFMLA violation, you must file a formal administrative complaint. You will use Form ERD-8994, Wisconsin, Equal Rights Division, Family and Medical Leave Complaint. You can submit this form to the Wisconsin Equal Rights Division, Milwaukee or the Wisconsin Equal Rights Division, Madison.

Step 3: Participate in the ERD Investigation

An investigator from the Equal Rights Division will review your case, request a response from your former employer, and determine if there is 'probable cause' to believe the law was violated. If they find probable cause, your case will move to a hearing before an Administrative Law Judge.

Step 4: File a Civil Lawsuit

If you win at the administrative level, or if you also have federal FMLA claims, you and your employment lawyer can escalate the matter by filing a civil lawsuit in your local court, such as the Dane County Circuit Court, Madison, to seek back pay, attorney fees, and reinstatement.

The Strict 30-Day Timeline for Filing a WFMLA Claim

This is the most critical rule in Wisconsin employment law regarding medical leave: Under Wis. Stat. § 103.10(12)(b), you have exactly 30 days from the date you were wrongfully terminated (or the date you reasonably should have known you were terminated) to file your complaint with the ERD. If you file on day 31, your state claim is completely barred under state law. Do not wait for severance negotiations to end before filing.

Fired While on Maternity Leave

The WFMLA provides up to six weeks of leave for the birth or adoption of a child, and pregnancy-related conditions receive strong legal protection; for example, Haas v. Department of Industry, Labor and Human Relations, 166 Wis. 2d 288 (WI Court of Appeals 1991) confirmed that severe morning sickness qualifies as a protected serious health condition. If you are on maternity leave and your company eliminates your specific job, they must offer you an equivalent position with the same pay, benefits, and shift when you return. If they claim your position was 'eliminated due to restructuring' but they immediately hire a new person to do your exact duties, this is a clear violation of the WFMLA.

Termination While Caring for a Terminally Ill Parent

Wisconsin law allows you up to two weeks of leave per year to care for a parent, spouse, or child with a serious health condition. If you travel to an out-of-state hospital to be by your dying mother's side, and your boss fires you for 'abandoning your job' despite you providing proper medical certification, they have committed wrongful dismissal. You are protected from retaliation for exercising your right to be a caregiver.

Dismissed Immediately Upon Returning to Work

A common tactic for shady employers is to let you take your full medical leave, but fire you within 48 hours of your return to the office. They will often falsely claim 'performance issues' that miraculously appeared while you were away. Courts and the ERD look very closely at the timing of a termination. If the firing happens almost instantly upon your return from WFMLA leave, it creates a strong legal presumption that the real reason was retaliation for taking the leave.

How Much Does it Cost in Wisconsin?

Fighting for your job rights involves specific costs:

• ERD Complaint Filing: Filing the initial complaint with the Wisconsin Equal Rights Division is completely free.
• Civil Court Filing Fee: Under Wis. Stat. § 814.61(1)(a) and Wis. Stat. § 758.19(4m), the filing fee for a civil damages lawsuit in a Wisconsin Circuit Court is $265.50 (or $300.50 with the mandatory $35 electronic filing fee).
• Attorney Fees: Most wrongful termination attorneys take cases on a contingency fee basis (often 33% of your settlement). Under the WFMLA, if you win, the judge can order your employer to pay your attorney fees directly.

Frequently Asked Questions (FAQ)