Madison, WI Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- Preemption law
- 2017 Act 67
- State law cite
- Wis. Stat. 103.10
- Federal FMLA
- 12 weeks unpaid
- City employees only
- Local rules apply
Summary
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.
103.10 Family or medical leave. 103.10(1) (1) Definitions. In this section: 103.10(1)(a) (a) “Child” means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: 103.10(1)(a)1. 1. The individual is less than 18 years of age. 103.10(1)(a)2. 2. The individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition. 103.10(1)(am) (am) “Christian Science practitioner” means a Christian Science practitioner residing in this state who is listed as a practitioner in the Christian Science journal. 103.10(1)(ar) (ar) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1) . 103.10(1)(b) (b) Except as provided in sub. (1m) (b) 2. and s.
Official source re-checked September 8, 2026: the cited page had not changed since it was quoted.
Full Breakdown
2017 Wisconsin Act 67 amended Wis. Stat. 103.10 and related provisions to preempt any local government from enacting ordinances mandating paid or unpaid leave benefits for private employees. The law was passed in response to local ordinances in Milwaukee and Madison that had attempted to require paid sick days. Wisconsin still follows the federal Family and Medical Leave Act for unpaid leave at qualifying employers and the state Wisconsin Family and Medical Leave Act under Wis. Stat. 103.10. Madison can require paid leave only for its own city employees and direct contractors, not for private workers in the city.
Violations & Fines
Cities attempting to enforce local paid-leave ordinances face state lawsuits and likely permanent injunctions. Private employers in Madison face only federal and state leave laws, not local mandates.
Frequently Asked Questions
Do Madison private employers have to give paid sick days?
What about FMLA?
Sources & Official References
Other rules in Madison
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