🇺🇸 Wisconsin Paid Leave — 2026 UPDATE

Wisconsin Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

⚠️Informational only — not legal or tax advice.

Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Wisconsin, United States      
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

How long is maternity leave in Wisconsin How long is paternity leave in Wisconsin

Table of Contents

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Introduction

Wisconsin does not require private employers to provide paid sick leave under any statewide statute. Wisconsin does not operate a state-funded paid family and medical leave program. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave. Wisconsin also maintains its own state-level Wisconsin Family and Medical Leave Act (WFMLA), codified at Wis. Stat. § 103.10, which provides separate unpaid leave entitlements that run concurrently with federal FMLA in most circumstances. This page compiles current requirements from the Wisconsin Department of Workforce Development (DWD) Equal Rights Division and the U.S. Department of Labor.

Quick Reference — Wisconsin Paid Leave Snapshot

Wisconsin Paid Leave Snapshot (2026)
Category Status
Mandatory Paid Sick Leave No state mandate for private employers
Governing Statute None (private employers); Wis. Stat. §103.10 governs unpaid family/medical leave
Administering Agency Wisconsin DWD Equal Rights Division
Covered Employers (WFMLA) Employers with 50 or more permanent employees (during at least 6 of the last 12 months)
Eligible Employees (WFMLA) Employed for at least 52 consecutive weeks and at least 1,000 hours in the preceding 52-week period
WFMLA Leave — Birth/Adoption Up to 6 weeks unpaid (must begin within 16 weeks of birth or placement)
WFMLA Leave — Family Care Up to 2 weeks unpaid per calendar year
WFMLA Leave — Own Health Condition Up to 2 weeks unpaid per calendar year
Paid Family & Medical Leave Program No
PFML Program Name N/A — No state program
PFML Weekly Benefit (Maximum) N/A
PFML Duration N/A
Federal FMLA Applies Yes (federal baseline — 12 weeks unpaid)
Local Paid Sick Leave Ordinances None currently in effect (state preemption law Wis. Stat. §103.10(1m) prohibits local mandates)
Information Current As Of March 2026

Sources: Wisconsin DWD Equal Rights Division — dwd.wisconsin.gov/er/civilrights/fmla · Wisconsin Legislature, Wis. Stat. § 103.10 — docs.legis.wisconsin.gov/document/statutes/103.10 · U.S. Department of Labor FMLA — dol.gov/agencies/whd/fmla

Wisconsin does not mandate paid sick leave for private-sector employers. No statewide statute requires private employers to provide paid or unpaid sick leave beyond the unpaid leave protections established under the WFMLA and federal FMLA. The Wisconsin DWD Equal Rights Division confirms this directly: state law does not require employers to grant sick leave to workers, whether paid or unpaid, outside of the family and medical leave framework. Source: dwd.wisconsin.gov/er/laws.htm

No local paid sick leave ordinance is currently enforceable in Wisconsin. In 2008, Milwaukee voters approved a paid sick leave ballot initiative. The Wisconsin Legislature subsequently enacted Wis. Stat. § 103.10(1m) in 2011, expressly preempting all city, village, town, and county ordinances that require employers to provide employee leave — paid or unpaid — for family, medical, or health reasons. The Milwaukee ordinance was thereby nullified. Wisconsin law now provides that leave requirements are a matter of statewide concern and that local mandates would be “logically inconsistent with, would defeat the purpose of, and would go against the spirit of” the statewide WFMLA. Source: Wis. Stat. § 103.10(1m) — docs.legis.wisconsin.gov/document/statutes/103.10

Employers in Wisconsin remain free to offer voluntary paid sick leave policies. Wisconsin’s minimum wage laws and wage payment statutes do not obligate accrual or payout of sick leave. Any sick leave offered is governed entirely by the employer’s written policy and the employment agreement.

Wisconsin does not operate a state-funded paid family and medical leave program. Workers in Wisconsin who need family or medical leave rely on the Wisconsin Family and Medical Leave Act (Wis. Stat. § 103.10), which provides unpaid, job-protected leave, and on the federal FMLA (29 U.S.C. §§ 2601–2654), which also provides unpaid, job-protected leave. No state payroll contribution funds a wage-replacement benefit. Source: dwd.wisconsin.gov/er/civilrights/fmla

Maternity, Paternity & Parental Leave in Wisconsin

How Long Is Maternity Leave in Wisconsin?

Eligible employees in Wisconsin may take up to 12 weeks of unpaid, job-protected leave under the federal FMLA for the birth of a child or for the employee’s own serious health condition related to pregnancy. Under the Wisconsin FMLA (Wis. Stat. § 103.10), eligible employees may take up to 6 weeks of unpaid family leave for the birth or adoption of a child (leave must begin within 16 weeks of the birth or placement) and up to 2 weeks of unpaid medical leave for the employee’s own serious health condition. These entitlements run concurrently — an employee does not stack them on top of each other for the same qualifying event. Wisconsin has no state-funded paid maternity leave program. Sources: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm · U.S. DOL: dol.gov/agencies/whd/fmla

Is Maternity Leave Paid in Wisconsin?

Maternity leave in Wisconsin is unpaid through both state and federal law. Neither the WFMLA nor the federal FMLA provides wage replacement. Wisconsin does not have a short-term disability insurance (TDI) program of its own. Available options for paid time during maternity leave are limited to: (1) employer-provided short-term disability (STD) insurance, if offered voluntarily; (2) employer-provided paid time off (PTO) or sick leave, if the employer’s policy permits substitution; and (3) accrued paid leave substituted for unpaid WFMLA or FMLA leave, which the WFMLA explicitly permits (Wis. Stat. § 103.10). Employees may substitute any accrued paid or unpaid leave provided by the employer during WFMLA leave. Source: dwd.wisconsin.gov/er/civilrights/fmla

Workers in neighboring states with paid programs — including Minnesota’s paid family and medical leave program (benefits available January 2026) — provide a regional contrast for Wisconsin residents employed across state lines. Wisconsin’s employment law framework does not include a state wage-replacement program for family leave.

Paternity Leave and Parental Leave in Wisconsin

Parental leave under both the WFMLA and the federal FMLA is available equally to fathers, non-birthing parents, and adoptive parents. Under the WFMLA, both parents are entitled to up to 6 weeks of unpaid family leave for the birth or adoption of a child, subject to eligibility (52 consecutive weeks + 1,000 hours). Under federal FMLA, both parents are entitled to up to 12 weeks of unpaid bonding leave within 12 months of the event. Where spouses work for the same employer, federal FMLA requires that birth and bonding leave be shared; the WFMLA has no such restriction. Source: Wis. Stat. § 103.10 — docs.legis.wisconsin.gov/document/statutes/103.10

Federal FMLA and Wisconsin FMLA

Wisconsin FMLA (Wis. Stat. § 103.10) and federal FMLA (29 U.S.C. §§ 2601–2654) operate simultaneously. The two laws have different eligibility criteria, different leave amounts, and different procedural requirements. When an employee qualifies under both, leave runs concurrently, and the more favorable provision applies to each specific term or condition. Understanding Wisconsin FMLA requires examining both laws together. Sources: Wisconsin DWD — dwd.wisconsin.gov/er/civilrights/fmla · Wisconsin DWD FAQ — dwd.wisconsin.gov/er/civilrights/fmla/faq.htm

FMLA Coverage and Eligibility in Wisconsin
Feature Federal FMLA Wisconsin FMLA (WFMLA)
Covered employers 50+ employees within 75 miles for 20+ workweeks; all public agencies 50+ permanent employees during at least 6 of the preceding 12 months
Employee eligibility 12 months of employment (need not be consecutive) + 1,250 hours worked in preceding 12 months 52 consecutive weeks of employment + 1,000 hours of work and paid leave in preceding 52-week period
Leave — birth/adoption Up to 12 weeks (within 12 months of event) Up to 6 weeks (must begin within 16 weeks of birth or placement)
Leave — family member’s serious health condition Up to 12 weeks Up to 2 weeks per calendar year
Leave — own serious health condition Up to 12 weeks Up to 2 weeks per calendar year
Military leave Up to 12 weeks (exigency); 26 weeks (caregiver) Not separately covered
Domestic partner coverage No Yes
Calendar period Employer chooses from four calculation methods Calendar year (January–December)

The WFMLA counts paid leave hours toward its 1,000-hour threshold; federal FMLA counts only hours actually worked toward its 1,250-hour threshold. An employee may qualify under one law but not the other. When both apply, the more favorable provision governs each specific term or condition. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm · docs.legis.wisconsin.gov/document/statutes/103.10

Qualifying Reasons for Leave Under WFMLA and Federal FMLA

Under the WFMLA, qualifying reasons are: birth or adoption of a child (up to 6 weeks, starting within 16 weeks of the event); care for a child, spouse, domestic partner, or parent with a serious health condition (up to 2 weeks per calendar year); and the employee’s own serious health condition (up to 2 weeks per calendar year). Total family leave under WFMLA may not exceed 8 weeks in a 12-month period.

Federal FMLA adds: birth, adoption, or foster care placement of a child within 12 months of the event (up to 12 weeks); care for a spouse, child, or parent with a serious health condition (up to 12 weeks); qualifying military exigency (up to 12 weeks); and military caregiver leave (up to 26 weeks). Federal FMLA does not cover domestic partners. Source: dwd.wisconsin.gov/er/civilrights/fmla · dol.gov/agencies/whd/fmla

Is FMLA Paid or Unpaid in Wisconsin?

Wisconsin FMLA leave is unpaid by default. Federal FMLA leave is also unpaid. Wisconsin does not operate a state paid family and medical leave program that would provide wage replacement. However, both the WFMLA (Wis. Stat. § 103.10) and the federal FMLA permit employees to substitute any accrued employer-provided paid or unpaid leave during the leave period. Under the WFMLA, the substitution right belongs to the employee — an employee may substitute accrued paid leave of any type the employer provides. The federal FMLA rules for substitution differ in some circumstances. Source: dwd.wisconsin.gov/er/civilrights/fmla

Does FMLA Apply to Small Businesses in Wisconsin?

Federal FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Private employers with fewer than 50 employees are not covered by federal FMLA. The Wisconsin FMLA similarly applies to employers with 50 or more permanent employees. Wisconsin has no state family leave law with a lower employer-size threshold for private employers. Employers with 25 or more employees (but fewer than 50) must post a notice describing the employer’s leave policy under Wisconsin law, but are not required to provide WFMLA leave. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm · Wis. Stat. § 103.10 — docs.legis.wisconsin.gov/document/statutes/103.10

How Wisconsin FMLA and Federal FMLA Interact

When an employee qualifies under both the WFMLA and the federal FMLA, the leaves run concurrently. Leave used counts against entitlements under both laws simultaneously. The employee retains the more favorable terms of whichever law provides greater protection for each specific condition or requirement.

When both laws apply to the same qualifying event, leave counts against the employee’s entitlement under both simultaneously. If an employee’s need for leave extends beyond the WFMLA limit (e.g., beyond 2 weeks for a family member’s serious health condition), the remaining weeks continue under federal FMLA only. The WFMLA operates on a calendar year basis; federal FMLA allows employers to choose from four 12-month calculation methods, which can affect how entitlements are charged in some circumstances. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm

Job Protection and Health Insurance

Both laws require employees to be restored to the same or an equivalent position upon return from leave. Health insurance must be maintained under the same conditions that existed prior to leave. Under the WFMLA, if health insurance is provided, the employer may require the employee to pay the full premium for up to 8 weeks of coverage into an interest-bearing escrow account, to be returned with interest upon termination of employment. Source: dwd.wisconsin.gov/er/civilrights/fmla

For comprehensive federal FMLA guidance, see: /federal/fmla-guide/

Other Protected Leave Categories in Wisconsin

Bereavement Leave

Wisconsin does not require private employers to provide bereavement leave. State employees may use accrued sick leave for up to 3 workdays upon the death of an immediate family member. Source: Wis. Admin. Code ER § 18.03 — docs.legis.wisconsin.gov/code/admin_code/er/18/03

Jury Duty and Voting Leave

Wisconsin law prohibits adverse employment actions for jury service. Employers must provide up to 3 hours of unpaid time off to vote if the employee lacks 3 consecutive hours free from work while polls are open (Wis. Stat. § 6.76). Source: dwd.wisconsin.gov/er/laws.htm · docs.legis.wisconsin.gov/document/statutes/6.76

Military Leave

The federal USERRA provides the baseline for military leave. Wisconsin state employees are entitled to up to 30 days of paid military leave per calendar year for active duty or active field training of 3 or more days. Source: dpm.wi.gov/Pages/Employees/BnLeave.aspx

Bone Marrow and Organ Donation Leave

Wisconsin’s Bone Marrow and Organ Donation Leave Act requires employers with 50 or more permanent employees to provide up to 6 weeks of leave per 12-month period for employees serving as organ or bone marrow donors, subject to the same 52-week and 1,000-hour employment thresholds as the WFMLA. Source: dwd.wisconsin.gov/er/laws.htm

2026 Updates & Recent Legislative Changes in Wisconsin

What Changed in Wisconsin Paid Leave Laws in 2025–2026?

As of March 2026, Wisconsin has not enacted paid sick leave or paid family and medical leave legislation affecting private-sector employers. No changes to the WFMLA (Wis. Stat. § 103.10) or the state preemption statute took effect in 2025 or early 2026. Wisconsin’s overtime laws and minimum wage also remain unchanged at the federal baseline. Source: Wisconsin DWD — dwd.wisconsin.gov

Pending Legislation

In December 2025, a group of Wisconsin Democratic legislators introduced a bill to establish a state paid family and medical leave insurance program. The proposal would create a Family and Medical Leave Insurance Trust Fund administered by the Wisconsin DWD, with benefits providing up to 12 weeks (or up to 14 combined weeks for family and medical leave) of paid leave beginning in 2026. Employer contributions would be required, with tiered rates for businesses with 50 or fewer employees. The bill had not been enacted as of March 2026. Similar proposals were introduced in prior legislative sessions (including a companion bill to 2023 AB 1156) and were not enacted, as Republicans hold the legislative majority. Current bill tracking is available through the Wisconsin Legislature at docs.legis.wisconsin.gov/2025.

How to File a Leave Complaint in Wisconsin

Filing a WFMLA Complaint

WFMLA complaints are filed with the Wisconsin DWD Equal Rights Division. The complaint must be filed within 30 days after the violation occurred or within 30 days of when the employee reasonably should have known of the violation. Complaints may be submitted online or by paper form (ERD-8994). Madison office: (608) 266-6860; Milwaukee office: (414) 227-4384.

Remedies available upon a finding of violation include reinstatement, granting the requested leave, back pay for up to 2 years before the complaint was filed, and payment of reasonable attorney fees. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm

Filing a Federal FMLA Complaint

Federal FMLA complaints are filed with the U.S. Department of Labor Wage and Hour Division (WHD). Complaints may be submitted online or by contacting the local WHD district office.

Interstate Considerations for Remote Workers in Wisconsin

Paid leave obligations generally apply based on where the employee performs work, not where the employer is headquartered. A Wisconsin-based employer with employees working in states that mandate paid sick leave or operate PFML programs — such as Minnesota (PFML benefits began January 2026) or Illinois (mandatory paid sick leave since 2024) — must comply with the applicable law of each employee’s work state. Employees of out-of-state employers performing work in Wisconsin are subject to the WFMLA (if they meet coverage thresholds), not the leave laws of the employer’s home state. Wisconsin’s preemption statute (Wis. Stat. § 103.10(1m)) prevents local Wisconsin jurisdictions from imposing additional leave mandates. For additional guidance on remote work rules, see /remote-work-laws/u-s-states/wisconsin/.

Frequently Asked Questions — Wisconsin Paid Leave

How does FMLA work in Wisconsin?

Wisconsin FMLA (WFMLA, Wis. Stat. § 103.10) provides unpaid, job-protected leave to employees of covered employers (50+ permanent employees) who have worked at least 52 consecutive weeks and 1,000 hours. Federal FMLA provides a separate but parallel entitlement. When both apply, leaves run concurrently and the more favorable provision governs each term. Source: dwd.wisconsin.gov/er/civilrights/fmla

How long is maternity leave in Wisconsin?

Under the federal FMLA, eligible employees may take up to 12 weeks of unpaid leave for childbirth and bonding. Under the WFMLA, eligible employees may take up to 6 weeks of unpaid family leave for the birth or adoption of a child (must begin within 16 weeks of birth or placement). These entitlements run concurrently; the combined leave does not exceed 12 weeks of federal FMLA when both laws apply. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm

Is maternity leave paid or unpaid in Wisconsin?

Maternity leave is unpaid under both state and federal law in Wisconsin. Wisconsin has no state paid family and medical leave program or state TDI program. Paid time during maternity leave may be available through voluntary employer STD insurance, PTO policies, or substitution of accrued paid leave during WFMLA or FMLA leave. Source: dwd.wisconsin.gov/er/civilrights/fmla

Who is eligible for FMLA in Wisconsin?

Federal FMLA requires 12 months of employment, 1,250 hours worked in the preceding 12 months, and employment at a worksite where the employer has 50+ employees within 75 miles. Wisconsin FMLA requires 52 consecutive weeks of employment and 1,000 hours of work and paid leave in the preceding 52-week period, with the employer having 50+ permanent employees. An employee must separately satisfy the requirements of each law to obtain that law’s protections. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm

Is FMLA leave paid in Wisconsin?

Both Wisconsin FMLA and federal FMLA leave are unpaid by default. Employees may substitute any accrued employer-provided paid leave (sick, vacation, PTO) during either type of leave. Wisconsin has no state wage-replacement program. Source: dwd.wisconsin.gov/er/civilrights/fmla

Does Wisconsin have paid sick leave?

Wisconsin does not mandate paid sick leave for private-sector employers. No statewide statute requires private employers to provide paid or unpaid sick leave. State preemption law (Wis. Stat. § 103.10(1m)) also prevents municipalities from enacting local paid sick leave mandates. Source: Wisconsin DWD — dwd.wisconsin.gov/er/laws.htm

Does Wisconsin have paid family leave?

Wisconsin does not have a state-funded paid family and medical leave program. Workers in Wisconsin are covered by the unpaid Wisconsin FMLA (Wis. Stat. § 103.10) and the federal FMLA only. Source: dwd.wisconsin.gov/er/civilrights/fmla

How many sick days are required in Wisconsin?

Wisconsin law does not require private employers to provide any sick days. Any sick leave provided by a Wisconsin employer is entirely voluntary and governed by the employer’s policy. Source: dwd.wisconsin.gov/er/laws.htm

Does FMLA apply to small businesses in Wisconsin?

Federal FMLA and the Wisconsin FMLA both apply only to employers with 50 or more employees (with differing technical definitions of that threshold). Private employers with fewer than 50 employees are not covered by either law’s leave requirements. Wisconsin has no state law extending family leave protections to employees of smaller private employers. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm

How long is paternity leave in Wisconsin?

Under the WFMLA, eligible employees (including fathers and non-birthing parents) may take up to 6 weeks of unpaid family leave for the birth or adoption of a child. Under federal FMLA, eligible employees may take up to 12 weeks of unpaid bonding leave. Both entitlements run concurrently when the employee qualifies under both laws. Wisconsin has no paid paternity leave program. Source: dwd.wisconsin.gov/er/civilrights/fmla/faq.htm

Can an employer deny paid sick leave in Wisconsin?

Because no state law requires private employers to provide paid sick leave, there is no statutory prohibition on denying sick leave. An employer’s own written policy governs whether sick leave may be denied. If an employer has a written sick leave policy, the Wisconsin DWD may take action on a wage claim if there is a dispute about unpaid earned benefits. Source: dwd.wisconsin.gov/er/laws.htm

Does Wisconsin have any paid leave requirements for employers?

Wisconsin does not have a paid sick leave mandate or a paid family leave program for private-sector employers. The only mandatory leave obligations are unpaid: the WFMLA (Wis. Stat. § 103.10) for employers with 50+ permanent employees and the federal FMLA for employers with 50+ employees within 75 miles. Source: dwd.wisconsin.gov/er/civilrights/fmla · dwd.wisconsin.gov/er/laws.htm

Are there any local paid sick leave ordinances in Wisconsin?

No local paid sick leave ordinances are currently enforceable in Wisconsin. State law (Wis. Stat. § 103.10(1m)) preempts all city, village, town, and county ordinances requiring employers to provide leave — paid or unpaid — for family, medical, or health reasons. The 2008 Milwaukee paid sick leave ballot initiative was nullified by this preemption statute when enacted in 2011. Source: Wis. Stat. § 103.10(1m) — docs.legis.wisconsin.gov/document/statutes/103.10

What options exist for paid maternity leave in Wisconsin?

Options for paid maternity leave in Wisconsin are entirely voluntary and include: (1) employer-provided short-term disability (STD) insurance, which may cover a portion of wages during medical recovery following childbirth; (2) employer-provided PTO, vacation, or sick leave that the employee substitutes for unpaid WFMLA or FMLA leave; (3) employer-provided paid parental leave programs where offered. No state program exists. Source: dwd.wisconsin.gov/er/civilrights/fmla

Sources & Verification Log

Sources & Verification Log — Wisconsin Paid Leave Laws
Section Source URL Date Verified
WFMLA — Overview, Eligibility, Leave Amounts Wisconsin DWD Equal Rights Division — FMLA Page dwd.wisconsin.gov/er/civilrights/fmla March 2026
WFMLA — FAQ (Eligibility, Interaction with Federal FMLA, Complaints) Wisconsin DWD — WFMLA FAQ dwd.wisconsin.gov/er/civilrights/fmla/faq.htm March 2026
WFMLA Statute Text Wisconsin Legislature — Wis. Stat. §103.10 docs.legis.wisconsin.gov/document/statutes/103.10 March 2026
State Preemption of Local Leave Ordinances Wisconsin DWD Equal Rights Laws dwd.wisconsin.gov/er/laws.htm March 2026
No Sick Leave Mandate Wisconsin DWD Equal Rights Laws dwd.wisconsin.gov/er/laws.htm March 2026
Federal FMLA U.S. Department of Labor dol.gov/agencies/whd/fmla March 2026
WFMLA Admin Code Wisconsin Legislature — DWD 225 docs.legis.wisconsin.gov/admin_code/dwd/225 March 2026
State Employee Sick Leave Accrual Wisconsin DPM Leave Benefits dpm.wi.gov/Employees/BnLeave.aspx March 2026
Organ/Bone Marrow Donation Leave Wisconsin DWD Equal Rights Laws dwd.wisconsin.gov/er/laws.htm March 2026
Complaint Filing — WFMLA Wisconsin DWD Equal Rights Division — Online Complaints dwd.wisconsin.gov/er/complaints March 2026
Federal FMLA Complaints U.S. DOL WHD dol.gov/agencies/whd/contact/complaints March 2026
2025–2026 Pending PFML Legislation Wisconsin Legislature — 2025–2026 Session docs.legis.wisconsin.gov/2025 March 2026

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This page compiles information from official government sources for general reference purposes. It does not constitute legal advice. Employment law is subject to legislative changes and judicial interpretation. For specific compliance questions, consultation with a licensed attorney in Wisconsin is recommended. Last updated: March 2026.