Wisconsin Statewide Rule
Wisconsin Paid Sick Leave Local Preemption Rule
Key Facts
- Measurement
- No state paid sick leave mandate for private employers
- Authority
- Local paid leave ordinances preempted by Act 16
- Measurement
- Wisconsin FMLA covers unpaid leave at 50+ employees
- Fees
- Federal FMLA applies separately to larger employers
- Measurement
- Public-sector benefits may be negotiated
Summary
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.
(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: 103.10(1m)(c)1.1. 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. 103.10(1m)(c)2.2. 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. 103.10(1m)(c)3.3. Because the employee's absence from work is necessary in order for the employee to do any of the following: 103.10(1m)(c)3.a.a.
Full Breakdown
Wisconsin enacted 2011 Wisconsin Act 16 amending statutes to preempt municipal paid sick leave ordinances after Milwaukee voters approved a local paid leave initiative. Combined with Wis. Stat. 104.001, state law makes employee leave a matter of statewide concern. Wisconsin does not require private employers to offer paid sick leave, paid family leave, or paid vacation. The state's family and medical leave act (Wis. Stat. 103.10) provides unpaid leave protections similar to but separate from federal FMLA, applying to employers with at least 50 permanent employees. Public-sector employees may have separate negotiated paid leave benefits.
Violations & Penalties
Local paid leave ordinances are unenforceable. Employers violating state family/medical leave rules face DWD complaints, reinstatement orders, back pay, and civil forfeitures up to $1,000.
Frequently Asked Questions
Does Wisconsin require paid sick days?
Can a Wisconsin city pass paid leave for private workers?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.