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Divided Sixth Circuit Rules That ERISA Bars Wisconsin Law on Maternity Leave
Bloomberg BNA 
Oct. 2, 2014
"The Wisconsin Family and Medical Leave Act (WFMLA) requires all employers to give their employees six weeks of unpaid leave following childbirth. The Sixth Circuit was asked to consider the law's 'substitution provision,' which forces employers to allow the substitution of unpaid leave provided by the law with paid leave under their [ERISA]-governed disability plan, if they have one. Writing for the majority, Judge Raymond M. Kethledge found this provision to be preempted by ERISA because it forced plan administrators to award disability benefits 'to certain beneficiaries who undisputedly are not short-term disabled as defined by the plan.'" [Sherfel v. Newson, No. 12-4285 (6th Cir. Sept. 30, 2014)]
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