Wisconsin's court of appeals, in a published opinion written
by Judge Reilly, recently decided that undocumented workers are
protected by Wisconsin's Family and Medical Leave Act (FMLA).
Burlington Graphic Systems v. DWD,
14AP762. The decision has no practical effect on employers who
comply with Wisconsin's FMLA (and federal immigration law), but
the lesson from the decision is that, if an undocumented worker
alleges a violation of Wisconsin's FMLA, federal immigration
law is not a defense to employer liability.
The case arose when Burlington Graphic Systems terminated Karen
Alvarez's employment after she took medical leave. Alvarez
missed work in November 2011 due to a surgical procedure. She had
informed her supervisor about the upcoming procedure, but one day
after Alvarez returned to work, she was fired by Burlington because
she missed too many days. In calculating her absences, Burlington
counted at least one of the days when Alvarez was on medical
leave.
