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Wisconsin Sick Leave: What you need to know

Other than the maternity leave requirements outlined in the state Maternity and Pregnancy section, there is no Wisconsin law that requires employers to provide employees with paid or unpaid sick leave, although many employers do provide it as an important employee benefit. It is important to remember that if an employer promises to provide sick leave, there may be a legal obligation to grant it. Some courts have ruled, for example, that policies published in employee handbooks may constitute implied contracts that are binding and enforceable. Employers should regularly review policy statements made in handbooks or other written materials to ensure that they accurately reflect current policies. If not, they should be changed, and employees should be notified of the changes.
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While Wisconsin has no sick leave law per se, the Wisconsin Family Leave Act does require private and public sector employers with 50 or more employees to grant up to 2 weeks of unpaid medical leave in any 12-month period to any employee with a serious health condition. To be eligible, an employee must have worked for the employer for more than 52 consecutive weeks and for 1,000 hours during the preceding 52-week period. An employee may substitute paid or unpaid leave of any other type provided by the employer for portions of family or medical leave (WI Gen. Stat. Sec. 103.10).
The Wisconsin Act requires that the worker try to schedule leave in advance and as conveniently for work operations as possible, but workers may take time off for medical emergencies without advance notice. All benefits must be continued during an employee's absence, and employers may not discharge or discriminate against an ...

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Wisconsin Sick Leave Resources

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