How does Wisconsin’s WFMLA differ from the federal FMLA?

WFMLA applies to employers with 50 or more permanent employees and requires over 52 consecutive weeks of employment and 1,000 hours worked; it provides up to six weeks for birth/adoption and two weeks each for family care and the employee’s own condition per calendar year. FMLA covers employers with 50 or more employees within a 75‑mile radius, requires 12 months and 1,250 hours, and offers up to 12 weeks in a 12‑month period.

What are qualifying reasons for leave under Wisconsin’s WFMLA?

Qualifying events include birth or adoption of a child (up to six weeks), care for a family member with a serious health condition (up to two weeks), and the employee’s own serious health condition (up to two weeks).

Wisconsin Paid Family Leave Laws

As of January 3, 2025, Wisconsin does not have a state-mandated Paid Family Leave program but enforces the Wisconsin Family and Medical Leave Act (WFMLA), which provides unpaid, job-protected leave with specific eligibility criteria and leave entitlements that differ from the federal FMLA, including up to six weeks for birth or adoption and shorter durations for caring for family or personal serious health conditions.

As of January 3, 2025, Wisconsin does not have a state-mandated Paid Family Leave (PFL) program. However, the state enforces the Wisconsin Family and Medical Leave Act (WFMLA), which provides unpaid, job-protected leave for qualifying family and medical reasons. This state law operates alongside the federal Family and Medical Leave Act (FMLA), offering additional protections to employees.

What is Paid Family Leave?

Paid Family Leave (PFL) allows employees to take compensated time off from work to address significant family needs, such as bonding with a new child, caring for a seriously ill family member, or managing their own serious health condition. PFL supports employees in balancing work responsibilities with essential family obligations without financial hardship.

Does Wisconsin Have Paid Family Leave Laws That Differ from Federal Family Leave Laws?

Wisconsin does not have a state-mandated paid family leave program. However, the Wisconsin Family and Medical Leave Act (WFMLA) provides unpaid leave with certain provisions that differ from the federal FMLA:

Employer Coverage: WFMLA applies to employers with 50 or more permanent employees, whereas FMLA covers employers with 50 or more employees within a 75-mile radius.
Employee Eligibility: Under WFMLA, an employee must have worked for the employer for more than 52 consecutive weeks and for at least 1,000 hours during that period. FMLA requires 12 months of employment and at least 1,250 hours worked in the preceding 12 months.
Leave Entitlement: WFMLA provides up to six weeks of unpaid leave for the birth or adoption of a child, two weeks for the care of a family member with a serious health condition, and two weeks for the employee’s own serious health condition in a calendar year. FMLA offers up to 12 weeks of unpaid leave for similar reasons within a 12-month period.

What Counts as a Qualifying Event for Paid Family Leave in Wisconsin?

While Wisconsin does not offer paid family leave, qualifying events for unpaid leave under WFMLA include:

Birth or Adoption of a Child: Up to six weeks of leave.
Serious Health Condition of a Family Member: Up to two weeks of leave to care for a child, spouse, domestic partner, or parent.
Employee’s Own Serious Health Condition: Up to two weeks of leave.

Under FMLA, qualifying events include:

Birth and Care of a Newborn Child.
Placement of a Child for Adoption or Foster Care.
Care for a Spouse, Child, or Parent with a Serious Health Condition.
Employee’s Own Serious Health Condition.
Certain Military Family Exigencies.

Are There Requirements to be Eligible for Paid Family Leave in Wisconsin?

Since Wisconsin does not provide paid family leave, there are no eligibility requirements for such a program. For unpaid leave under WFMLA, an employee must have:

Employment Duration: Worked for the employer for more than 52 consecutive weeks.
Hours Worked: Completed at least 1,000 hours during the preceding 52-week period.

For FMLA eligibility, an employee must have:

Employment Duration: Worked for the employer for at least 12 months.
Hours Worked: Completed at least 1,250 hours during the preceding 12 months.
Worksite Size: Be employed at a location where the employer has 50 or more employees within a 75-mile radius.

Is There a Minimum Amount of Paid Family Leave Time Required in Wisconsin?

Wisconsin does not mandate paid family leave. Under WFMLA, eligible employees are entitled to:

Birth or Adoption of a Child: Up to six weeks of unpaid leave.
Care for a Family Member with a Serious Health Condition: Up to two weeks of unpaid leave.
Employee’s Own Serious Health Condition: Up to two weeks of unpaid leave.

These leave entitlements are per calendar year.

Is There a Minimum Amount of Maternity Leave Time Required in Wisconsin?

Under WFMLA, eligible employees are entitled to up to six weeks of unpaid leave for the birth or adoption of a child. This leave must commence within 16 weeks before or after the birth or adoption.

Is Paternity Leave Required by Law in Wisconsin?

Yes, under WFMLA, eligible employees, including fathers, are entitled to up to six weeks of unpaid leave for the birth or adoption of a child. This provision ensures that both parents have the opportunity to bond with their new child.

Who Pays for Paid Family Leave in Wisconsin?

Since Wisconsin does not have a state-mandated paid family leave program, there is no funding mechanism for such benefits. Employers may offer paid leave benefits at their discretion, and employees may choose to substitute accrued paid leave (such as vacation or sick leave) for unpaid WFMLA leave, depending on the employer’s policies.

Conclusion

While Wisconsin does not offer a state-mandated Paid Family Leave program, the Wisconsin Family and Medical Leave Act provides unpaid, job-protected leave for eligible employees facing family and medical situations.