Wisconsin — Leave Laws

The Wisconsin Family and Medical Leave Act (WFMLA) applies to any employer engaging in any activity, enterprise, or business in Wisconsin that employs at least 50 individuals on a permanent basis. The definition includes both private-sector employers and the state itself—any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized by the constitution or any law, including the legislature and the courts.

Source: Wis. Stat. § 103.10(1)(c)

The Wisconsin Family and Medical Leave Act provides family leave for three reasons: (1) the birth of the employee's natural child, if leave begins within 16 weeks of birth (up to 6 weeks); (2) the placement of a child with the employee for adoption (up to 6 weeks); and (3) to care for the employee's child, spouse, domestic partner, or parent who has a serious health condition (up to 2 weeks). In any 12-month period, an employee may take no more than 6 weeks of leave under reasons (1) and (2) combined, no more than 2 weeks under reason (3), and no more than 8 weeks total for any combination of the three.

The Act also provides medical leave of up to 2 weeks in a 12-month period for an employee who has a serious health condition that makes the employee unable to perform employment duties.

Source: Wis. Stat. § 103.10(3)(b), (4)(a)

Under the Wisconsin Family and Medical Leave Act, an employee is eligible for leave protections only if the employee satisfies two distinct requirements: a tenure threshold and an hours-worked threshold, both measured as of the first day of requested leave.

Tenure requirement: The employee must have been employed by the same employer for more than 52 consecutive weeks. Wis. Stat. § 103.10(2)(c) requires that the 52 weeks be consecutive—a break in employment restarts the clock. The consecutive-weeks test looks backward from the date leave would begin; prior service separated by a gap does not count toward the 52-week minimum.

Hours-worked requirement: During the 52-week period immediately preceding the employee's leave request, the employee must have worked for the employer at least 1,000 hours. The statute measures hours worked during "the preceding 52-week period" (a rolling 52-week look-back, not a calendar year). The Wisconsin Department of Workforce Development's published guidance states that paid leave time used during the look-back period counts toward the 1,000-hour threshold, meaning an employee on paid vacation or paid sick leave can count those hours. The statute itself does not define whether "worked" includes paid time off; the DWD interpretation treats it as inclusive.

Both requirements must be satisfied on the date leave begins. An employee who has worked 52 consecutive weeks but only 900 hours does not qualify; likewise, an employee who has worked 1,200 hours over 18 months separated by a two-month gap in employment does not satisfy the consecutive-weeks test.

Employer coverage threshold: Even if an employee meets both individual thresholds, WFMLA protections apply only when the employer itself is covered. Under Wis. Stat. § 103.10(1)(c), an employer is covered if it employed at least 50 individuals on a permanent basis. If the employer drops below 50 employees and remains there, employees lose WFMLA eligibility even if they individually meet the tenure and hours tests.

Federal FMLA comparison: Federal FMLA eligibility requires 12 months of employment (which need not be consecutive) and 1,250 hours worked in the 12 months before leave. Because Wisconsin requires consecutive weeks and a lower hour threshold (1,000 vs. 1,250), some employees will qualify under Wisconsin law but not federal law, and vice versa. When an employee qualifies under both statutes, the two leave entitlements run concurrently, and the employee is entitled to whichever law provides more favorable treatment on each particular term (for example, WFMLA covers domestic partners and parents-in-law; federal FMLA does not).

Source: Wis. Stat. § 103.10(2)(c), (1)(c) Source: Wisconsin DWD FMLA FAQ

Wisconsin’s Family and Medical Leave Act (WFMLA) covers any employer that employs at least 50 individuals on a "permanent basis." This phrase is specifically defined in the Wisconsin Administrative Code: an employer is considered to meet this threshold if, during at least six of the twelve calendar months immediately preceding the leave event, the employer "actually treated at least 50 individuals as being permanent employees as to the activities, enterprises or businesses of that employer."

Key details from the regulation:

• The twelve-month period is measured retrospectively, looking back from the date when leave eligibility is assessed.
• If an employer treated at least 50 individuals as permanent employees for any part of a calendar month, that month counts toward the six-month minimum (partial months count as full months).
• The employer uses its usual personnel recordkeeping practices—consistent with Wis. Admin. Code DWD 272.11 and 274.06—to determine who is classified as a permanent employee for purposes of this test.

This test is grounded in the specific regulatory language: “In determining whether an employer is employing at least 50 individuals on a permanent basis, the usual personnel recordkeeping practices of the employer under ss. DWD 272.11 and 274.06 and the criteria established by the employer as to employment status shall be conclusive.”

Source: Wis. Admin. Code § DWD 225.01

General rule — "reasonable notice" required:

The Wisconsin Family and Medical Leave Act (WFMLA) sets a flexible baseline for employee notice. Under Wis. Stat. § 103.10(6)(b), employees must provide their employer with "reasonable notice" of their intent to take leave. The statute does not mandate a specific number of days or weeks of advance notice for most leave situations. Instead, the standard is contextual and turns on the circumstances.

Foreseeable leave (planned events): For leave that is foreseeable—such as the planned birth or adoption of a child—the employee should give advance notice as far in advance as practicable. The Department of Workforce Development (DWD) guidance emphasizes that employees must inform the employer of both their intent to take leave and, to the extent possible, the expected timing and duration. The timing should allow the employer to manage staffing and operations. There is no statutory 30-day (or other) fixed threshold, but DWD guidance encourages as much prior notice as can reasonably be given.

Unforeseeable leave (emergencies or sudden illness): If the need for leave is not foreseeable—such as a sudden serious health condition—no advance notice is required by statute. The law recognizes that in emergencies, advance planning is not possible. Employees must still communicate with the employer as soon as it is practicable under the circumstances.

Partial/intermittent leave: When leave is needed on an intermittent or partial basis (for example, reduced schedule due to ongoing treatment), Wis. Admin. Code DWD 225.02(3)(b) requires the employee, once aware of the likely need, to propose a schedule to the employer with enough specificity so the employer can make necessary staffing arrangements. The proposed schedule should minimize disruption to the workplace when possible, balanced against the employee's medical needs and DWD regulations.

WFMLA’s "reasonable notice" standard thus adapts to the real-world context of each leave request. Where planning is possible, more advance notice is expected; where it is not, prompt communication is required. The law remains more flexible than federal FMLA, which imposes numerical notice rules.

Source: Wis. Stat. § 103.10(6)(b) Source: Wisconsin DWD — WFMLA FAQ Source: Wis. Admin. Code DWD 225.02(3)(b)

Under the Wisconsin Family and Medical Leave Act (WFMLA), an employer may require an employee to provide medical certification from a health care provider to support a request for leave due to a serious health condition, either for the employee or their covered family member. The statute itself, Wis. Stat. § 103.10(7), states that if the employer requests such certification, it must be in writing and may request only the following:

• The name, address, and telephone number of the health care provider;
• The date the serious health condition commenced and its probable duration;
• The diagnosis and brief statement of the medical facts regarding the condition;
• If intermittent leave or a reduced leave schedule is needed, the expected schedule and duration;
• A statement that the employee is unable to perform their job functions, or that the family member requires care.

Employers may not require the certification to include information beyond what the statute expressly authorizes. Notably, unlike the federal Family and Medical Leave Act (FMLA), the Wisconsin statute is relatively specific in limiting the permissible scope of requested information and does not expressly provide for a second or third medical opinion in case of doubt (a feature present in federal FMLA but absent in WFMLA). The right to certification applies to both medical leave for the employee's own condition and family leave for the care of a family member.

The certification request itself must be in writing, and the employee must return the certification within a reasonable period of time—Wisconsin’s Department of Workforce Development (DWD) guidance does not specify a fixed number of days, but employers should allow sufficient time for the employee to secure the requested information from their health care provider.

Source: Wis. Stat. § 103.10(7) Source: Wisconsin DWD — WFMLA FAQ

When an employee returns from Wisconsin Family and Medical Leave (WFMLA) under Wis. Stat. § 103.10, the employer must restore the employee to either:

• their same position, if still vacant; or
• an equivalent position in all terms and conditions of employment.

"Equivalent" is not a vague standard. The Department of Workforce Development’s Equal Rights Division explains that an equivalent position must offer “equivalent compensation, benefits, shift, hours of work and other terms/conditions of employment.”

The Wisconsin ER Digest clarifies the contours—drawing on administrative-law decisions interpreting § 103.10:

• The employer must return the employee upon conclusion of leave to their former position or an equivalent one. • An equivalent position includes comparability in:

• compensation
• benefits
• working shift
• hours of employment
• job status, responsibility, and authority.

One key case, Kelley Co. v. Marquardt (172 Wis. 2d 234, 493 N.W.2d 68 (1992)), held that a supervisor role was not equivalent when the returning employee went from supervising four employees to only one, and had to perform significantly more clerical work despite still bearing the title of manager.

In short: Wisconsin requires true equivalence, not just superficial similarity. The test turns on the real substance of the job—authority, duties, hours, pay—not just the title.

Source: Wisconsin DWD FMLA FAQ Source: WI ER Digest: Hull v. PFS Corp.; Kelley Co. v. Marquardt

Under the Wisconsin Family and Medical Leave Act (WFMLA), an employee who believes their rights under state law have been violated must file a complaint with the Wisconsin Department of Workforce Development's Equal Rights Division (DWD ERD) within a strict deadline: 30 days after the violation occurs or after the employee should have reasonably known of the violation, whichever is later. This 30-day filing window is hard and short—missing it, without "good cause," means the claim is time-barred. The Department has recognized limited exceptions for good cause, but most late claims are dismissed. The statute itself provides the private right of action, and DWD's regulations and administrative digest confirm the 30-day rule's strictness.

This deadline applies to all claims under WFMLA—whether for denial of leave, unlawful discharge, or interference with leave rights. For example, if an employee is denied leave or terminated while on (or shortly after requesting) leave, the 30-day clock runs from the date of denial or discharge. Court decisions such as Jicha v. DILHR have affirmed that the claim accrues when the adverse event occurs (not, for example, later when paid time off is exhausted).

Interplay with federal FMLA: If the employee is also covered by the federal Family and Medical Leave Act (FMLA), they have a longer period to file a federal claim: up to 2 years from the date of violation (or 3 years for willful violations) for a civil action, and no fixed number of days for filing with the U.S. Department of Labor—but "as soon as possible" is strongly encouraged. However, the existence of a federal FMLA right does NOT extend or toll the 30-day Wisconsin deadline. Employees must file both the WFMLA complaint with DWD within 30 days and any federal complaint within the respective FMLA timeframes if both statutes apply. Missing the state deadline permanently bars a state law claim even if a federal remedy remains open.

Practical guidance:

• File WFMLA complaints promptly—the 30-day clock is strictly enforced.
• If in doubt, file with both the DWD (for WFMLA) and the U.S. DOL (for FMLA); you do not have to choose one or the other, but late state claims will be barred.

Source: Wisconsin DWD Equal Rights Division — WFMLA poster (ERD‑7983‑P) Source: Wis. Stat. § 103.10(12) Source: Wisconsin DWD ER Digest — Jicha v. DILHR