Paid Leave Preemption: Milwaukee vs West Allis
How do paid leave preemption rules compare between Milwaukee, WI and West Allis, WI?
Milwaukee has fewer restrictions than West Allis.
Milwaukee, WI
Milwaukee County
Wisconsin Act 21 of 2011 and Wis. Stat. §103.10 (2017 Act 67) preempt Milwaukee from mandating paid sick or family leave for private employers. Milwaukee's 2008 paid-sick-leave referendum was nullified by state law.
View full Milwaukee rules →West Allis, WI
Milwaukee County
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 West Allis rules →Key Facts Comparison
| Fact | Milwaukee | West Allis |
|---|---|---|
| Preemption statute | Wis. Stat. §103.10 | - |
| Earlier preemption | 2011 Wis. Act 16 | - |
| Reinforced | 2017 Wis. Act 67 | - |
| Milwaukee 2008 referendum | Nullified | - |
| Federal floor | FMLA (50+ employers) | - |
| - | - |
Highlighted rows indicate differences between cities.
Milwaukee FAQ
Did Milwaukee ever have paid sick leave?
Voters approved it in 2008, but state preemption blocked enforcement. The Court of Appeals upheld the preemption, and the city's mandate never took effect for private employers.
Can Milwaukee require sick leave for city contractors?
Yes. As a market participant the city may require paid leave on its own contracts. That carve-out has held even where general private-sector mandates are preempted.
West Allis FAQ
Compare other topics
See how Milwaukee and West Allis compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool