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πŸ’Ό Employment Preemption/Paid Leave Preemption

Paid Leave Preemption: Fitchburg vs Madison

How do paid leave preemption rules compare between Fitchburg, WI and Madison, WI?

Madison has fewer restrictions than Fitchburg.

Fitchburg, WI

Dane County

Some Restrictions

Wisconsin Statute 103.10 and 104.001 preempt local paid sick leave ordinances, blocking cities and counties from requiring private employers to provide paid time off beyond state and federal mandates.

View full Fitchburg rules β†’

Madison, WI

Dane County

Few Restrictions

Wisconsin Act 67 (2017) blocks cities from requiring private employers to provide paid sick leave, paid family leave, or other paid time-off benefits. Madison's earlier paid-sick-leave ordinance is unenforceable.

View full Madison rules β†’

Key Facts Comparison

FactFitchburgMadison
--
Preemption law-2017 Act 67
State law cite-Wis. Stat. 103.10
Federal FMLA-12 weeks unpaid
City employees only-Local rules apply

Highlighted rows indicate differences between cities.

Fitchburg FAQ

Madison FAQ

Do Madison private employers have to give paid sick days?

No. Wisconsin Act 67 preempts local mandates, and the state has no general paid sick leave requirement. Many employers offer it voluntarily, but it is not legally required.

What about FMLA?

Federal FMLA and Wis. Stat. 103.10 require certain employers to grant unpaid, job-protected leave for serious health and family events. Both are unaffected by Wisconsin's preemption of paid-leave mandates.

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