Wisconsin Paid Sick Leave Local Preemption Rule

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.

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.