Milwaukee, WI Employment Preemption: Paid Leave Preemption (2026)
Key Facts
- 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)
Summary
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.
103.10 Family or medical leave. (1m) Statewide concern; uniformity. (a) The legislature finds that the provision of family and medical leave that is uniform throughout the state is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county that requires employers to provide employees with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing family and medical leave that is uniform throughout the state. (c) Subject to par. (d), a city, village, town, or county may not enact and administer an ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the following reasons: 1. Because the employee has a health condition, is in need of medical diagnosis, care, or treatment of a health condition, or is in need of preventive medical care. 2. To care for a family member who has a health condition, who is in need of medical diagnosis, care, or treatment of a health condition, or who is in need of preventive medical care. 3. Because the employee's absence from work is necessary in order for the employee to do any of the following: a. Seek medical attention or obtain psychological or other counseling for the employee or a family member to recover from any health condition caused by domestic abuse, sexual abuse, or stalking. (e) Any city, village, town, or county ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) that is in effect on May 20, 2011, is void.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Did Milwaukee ever have paid sick leave?
Can Milwaukee require sick leave for city contractors?
Sources & Official References
Other rules in Milwaukee
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