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.
Milwaukee voters approved a paid-sick-leave ordinance by referendum in 2008. Before it could take effect, the legislature enacted 2011 Wisconsin Act 16, expressly preempting cities and counties from mandating sick-leave benefits for private employers. The legislature reinforced preemption in 2017 Wisconsin Act 67, codified at Wis. Stat. §103.10, prohibiting local rules requiring family or medical leave beyond state law. Wisconsin's family and medical leave act provides limited unpaid leave for qualifying employees of larger employers; the federal FMLA applies to employers with 50+ workers. Milwaukee may still offer paid leave to its own employees and to city contractors, but cannot extend mandates to private businesses generally.
A city ordinance mandating private-sector paid sick leave would be void on its face. Employers ignoring state and federal FMLA, however, remain liable for reinstatement, back pay, and DWD penalties.
See how Milwaukee's paid leave preemption rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.