Wisconsin Leave Laws Mandates
Wisconsin’s leave policies are a combination of federal laws, state-specific regulations, and employer policies. Unlike many states that completely defer to federal law, Wisconsin has its own state-level Family and Medical Leave Act (WFMLA) that offers a series of unpaid leave benefits in addition to those under the federal FMLA.
a series of unpaid leaves compared to the federal FMLA.
For most types of leave, including sick days, PTO, bereavement, and domestic violence leave, Wisconsin’s law doesn’t impose mandates on private employers, rather allowing companies to define their policies. However, it reserves some specific leave types for public employees as well.
Wisconsin Sick Leave Law
The state of Wisconsin does not require private companies to provide paid or unpaid sick leave. However, many employers choose to offer this benefit at their discretion, including the option to allow unused sick leave to carry over to the next year.
State and public employees, on the other hand, typically accrue up to 12 days of sick leave per year, with the option to use it for family care in certain situations.
Wisconsin Paid Time Off (PTO) Law
No law requires private employers to provide paid time off (PTO) or vacation leave to their employees. If the company provides PTO, it has the flexibility to set accrual systems, carry-over rules, and “use-it-or-lose-it” policies, as long as it informs its employees in writing. Employers need not pay out unused PTO at separation if the company policy explicitly states this in writing. Otherwise, they must make the payout.
Wisconsin Family and Medical Leave (FMLA) Law
Wisconsin mirrors the federal Family and Medical Leave Act (FMLA), with some notable differences in eligibility criteria and leave length.
Wisconsin FMLA (for companies with 50+ permanent employees):
- Up to 6 weeks of unpaid leave for childbirth or adoption,
- Up to 2 weeks for taking care of family members
- Up to 2 weeks for the employee’s serious health condition across 1 year.
- Eligibility: Employees must work with the same employer for at least 52 weeks and clock in 1,000 hours of work in the previous year of employment.
Federal FMLA:
- Up to 12 weeks for similar reasons as mentioned in WFMLA, but offers broader definitions of “family”.
The two leaves run concurrently when both apply.
Wisconsin Bereavement Leave Law
Private employers have no obligation to provide bereavement leave, paid or unpaid, to their employees. However, they can choose to add bereavement leave to their existing leave policy stack. For state/public employees, they can avail up to 3 days of accrued sick leave for bereavement in the case of the death of an immediate family member.
Wisconsin Domestic Violence Leave Law
The state of Wisconsin does not have any state-level law guaranteeing leave for victims of sexual or domestic violence. However, employees may use available PTO or sick leave, if offered by their employer, to recover from the incident. If the situation involves a serious health condition, they may also qualify to take leave under the FMLA or WFMLA.
Wisconsin Leave Type, Eligibility and Duration
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Paid Sick Leave (Public) | State/public employees | Up to 12 days per year (accrued); up to 3 days may be used for bereavement |
| Sick Leave (Private) | Employer discretion | No mandate; provision, accrual, and use are policy-driven |
| PTO/Vacation | Employer discretion | No state mandate; use-it-or-lose-it policies and non-payout allowed if in writing |
| Unpaid FMLA | Employees of covered employers (50+) |
Federal: up to 12 weeks per 12 months. State: up to 6 weeks (childbirth/adoption), 2 weeks family care, 2 weeks own medical condition |
| Bereavement Leave | Public: state employees; Private: employer policy | Up to 3 days of sick leave for public employees; private sector policy varies |
| Domestic Violence Leave | No mandate | Not required by state law |
| Jury Duty Leave | All employees | Unpaid; job protection required |
| Military Leave | Public/state employees, all under USERRA | Up to 30 days paid per year (state); differential pay for extended leave; job protection |
| Voting Leave | All employees | Up to 3 hours unpaid; request before Election Day; employer may set time |
State-Specific Leaves
- Wisconsin Family and Medical Leave Act (WFMLA): Different from the federal FMLA, WFMLA provides 6 weeks of unpaid leave for childbirth or adoption, 2 weeks for family care, and 2 weeks for the employee’s own serious health condition.
- Paid Sick Leave (Public Sector): State employees earn sick leave based on number of hours worked, and can use these during illness, with some ability to use them for bereavement as well.
- Military Leave (Public Employees): Employees can take up to 30 days of paid leave per annum for military service or training, plus differential benefits in the case of extended active duty.
- Voting Leave: Requires all employers to allow up to 3 hours of unpaid time off to vote, especially if requested in advance, and if the employee is eligible to vote.
- Jury Duty Protection: Employers must provide unpaid leave to employees when called for jury duty and cannot penalize them for jury service.
- Carry-over/Payout Rules: Employers can offer “use-it-or-lose-it” PTO policies and refuse to pay PTO at the time of termination, if clearly stated in the company’s leave policy and communicated to employees.
Leave Notice & Documentation Table
| Type of Leave | Eligibility | Duration & Description |
|---|---|---|
| Paid Sick Leave (Public) | State/public employees | Up to 12 days per year (accrued); up to 3 days may be used for bereavement |
| Sick Leave (Private) | Employer discretion | No mandate; provision, accrual, and use are policy-driven |
| PTO/Vacation | Employer discretion | No state mandate; use-it-or-lose-it policies and non-payout allowed if in writing |
| Unpaid FMLA | Employees of covered employers (50+) | Federal: up to 12 weeks per 12 months. State: up to 6 weeks (childbirth/adoption), 2 weeks family care, 2 weeks own medical condition |
| Bereavement Leave | Public: state employees; Private: employer policy | Up to 3 days of sick leave for public employees; private sector policy varies |
| Domestic Violence Leave | No mandate | Not required by state law |
| Jury Duty Leave | All employees | Unpaid; job protection required |
| Military Leave | Public/state employees, all under USERRA | Up to 30 days paid per year (state); differential pay for extended leave; job protection |
| Voting Leave | All employees | Up to 3 hours unpaid; request before Election Day; employer may set time |
