Wisconsin Leave Laws
Wisconsin’s leave framework is more limited than many states with paid family and medical leave programs. Wisconsin does not currently have a broad statewide paid family and medical leave insurance program. Its primary statewide family and medical leave framework is the Wisconsin Family and Medical Leave Act, which provides unpaid, job-protected leave for qualifying family, medical, birth, and adoption reasons.
Wisconsin also has job-protected leave for bone marrow and organ donation, jury duty leave, voting leave, and witness/crime-related protections. Wisconsin’s leave workflow should therefore distinguish unpaid job-protected leave under Wisconsin FMLA and donor leave from short-term civic protections and employer-provided paid leave policies.
Wisconsin Leave Laws
Wisconsin’s leave framework is more limited than many states with paid family and medical leave programs. Wisconsin does not currently have a broad statewide paid family and medical leave insurance program. Its primary statewide family and medical leave framework is the Wisconsin Family and Medical Leave Act, which provides unpaid, job-protected leave for qualifying family, medical, birth, and adoption reasons.
Wisconsin also has job-protected leave for bone marrow and organ donation, jury duty leave, voting leave, and witness/crime-related protections. Wisconsin’s leave workflow should therefore distinguish unpaid job-protected leave under Wisconsin FMLA and donor leave from short-term civic protections and employer-provided paid leave policies.
State Leave Summary Table
| Field | State-Specific Summary |
| State | Wisconsin |
| Primary Leave Agencies | Wisconsin Department of Workforce Development; Wisconsin Equal Rights Division; Wisconsin courts; Wisconsin Legislature |
| Main Leave Categories | Wisconsin Family and Medical Leave Act, bone marrow and organ donation leave, jury duty leave, voting leave, witness leave, military/public-sector leave |
| Federal Interaction | Wisconsin FMLA may overlap with federal FMLA, but Wisconsin has different eligibility rules and leave amounts. Employers should evaluate both laws separately and provide the greater applicable protection where both apply. |
Job Protected Entitlements
| Leave Type | WI Law/ Program | Job Protected | Paid Leave | Covered Employers | Employee Eligibility | Duration |
| State Family / Medical Leave | Wisconsin Family and Medical Leave Act | Yes | Generally unpaid; employee may substitute available paid or unpaid leave | Employers with 50+ permanent employees during at least 6 of the last 12 months | Employee worked for the same employer for more than 52 consecutive weeks and at least 1,000 hours in the preceding 52-week period | Up to 6 weeks for birth/adoption; up to 2 weeks to care for parent, child, spouse, or domestic partner with serious health condition; up to 2 weeks for employee’s own serious health condition. |
| Birth / Adoption Leave | Wisconsin FMLA | Yes | Generally unpaid | Same as Wisconsin FMLA | Same as Wisconsin FMLA | Up to 6 weeks in a 12-month period. |
| Family Care Leave | Wisconsin FMLA | Yes | Generally unpaid | Same as Wisconsin FMLA | Same as Wisconsin FMLA | Up to 2 weeks in a calendar year to care for a covered family member with a serious health condition. |
| Employee Medical Leave | Wisconsin FMLA | Yes | Generally unpaid | Same as Wisconsin FMLA | Same as Wisconsin FMLA | Up to 2 weeks in a calendar year for the employee’s own serious health condition. |
Job-Protected Leave Entitlement Descriptions
These laws create a protected right to take time away from work and generally require the employer to preserve employment rights, restore the employee to the same or comparable position, or otherwise avoid interference or retaliation.
Wisconsin Family and Medical Leave Act
Wisconsin FMLA is the state’s primary job-protected family and medical leave statute. It applies to employers with at least 50 permanent employees during at least 6 of the last 12 months. Employees are generally eligible if they have worked for the same employer for more than 52 consecutive weeks and at least 1,000 hours in the preceding 52-week period.
Wisconsin FMLA provides up to 6 weeks for birth or adoption, up to 2 weeks to care for a covered family member with a serious health condition, and up to 2 weeks for the employee’s own serious health condition. This differs from federal FMLA, so employers should evaluate both laws separately.
Paid Leave / Wage Replacement
Wisconsin does not currently have a broad statewide paid family and medical leave wage replacement program. As a result, wage replacement generally depends on employer PTO, short-term disability, private insurance, collective bargaining agreements, or employer policy. Protected leave and pay should be evaluated separately.
*State Leave Law Summaries are for informational purposes only and are subject to change. To the extent possible, we will update these leave laws as and when States update their policies. However, there may be a time lag. Further, for specific applicability with a personal situation, Qcera advises contacting your employer’s HR department for support.