While influenza is generally not covered by FMLA, complications arising from influenza or COVID-19 may qualify for FMLA leave in relation to the employee's own illness or the illness of a qualifying family member. The usual medical documentation may be required.

Employees may request to use vacation, personal holiday, comp time, sick leave or leave without pay. In addition, portions of s. ER 18.03(4)(c), Wis. Adm. Code, which governs sick leave, have been modified through an emergency administrative rule to ensure sick leave can be used to provide care for family members, including specifically, child care due to school closures.

This means that sick leave can now be used to care for any member of an employee’s immediate family who requires their care, regardless of whether sick or not. Sick leave can now also be used to provide any “temporary care . . . for a limited period of time to permit the employee to make other arrangements” and no longer requires prior approval to use sick leave longer than 5 working days for care of family members. This change ends on Ocotber 8, 2020 when the emergency rule expires.

Documentation may be required. Employees should contact their agency payroll office regarding the possible consequences of using leave without pay.

Use of sick leave, FMLA leave, or other discretionary leave will be administered in accordance with applicable labor agreements and state administrative code. See above regarding use of sick leave under the declared emergency. Use of discretionary leave may be limited. See previous question regarding leave requests.

Use of sick leave, FMLA leave, or other discretionary leave will be administered in accordance with applicable labor agreements and state administrative code. Use of discretionary leave may be limited. See the second question on this page ​regarding leave requests.​