Wisconsin Paid Sick Leave Laws

Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Wisconsin.

What is Paid Sick Leave?

Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.

There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.

The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.

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

There is no state law in Wisconsin requiring employers to provide paid sick leave. Exceptions are covered by FMLA along with Wisconsin’s own Family and Medical Leave Law. 

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

State law does not provide for guaranteed paid sick leave. However, the Wisconsin Family and Medical Leave Law gives some provisions to a worker at a business with more than 50 permanent employees who meet the following conditions:

• employed for the prior 52 weeks
• have worked at least 1,000 hours

At that point, a covered employee is legally eligible for leave in the following situations:

• six weeks for the birth or adoption of a child
• two weeks for the employee’s serious health condition
• two weeks to care for a parent, child, or spouse with a serious health condition

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

There is no minimum paid sick time in Wisconsin.

What Can PSL be Used for in Wisconsin?

The only legally required sick leave is covered under the restricted conditions of the Family and Medical Leave Law: birth, adoption, or serious illness. 

Is Paid Sick Leave Required to be Carried Over Each Year in Wisconsin?

There is no legal requirement for sick leave imposed on private employers, thus no carryover rule is in effect. 

Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Wisconsin?

Private employers in Wisconsin are not legally required to provide paid sick leave or paid time off to their workers.

Common Wisconsin Paid Sick Leave Laws FAQs

How much paid sick leave am I entitled to take and be paid for in Wisconsin?

You are not legally entitled to any paid sick leave in Wisconsin.

Does paid sick leave apply to all employees who work in Wisconsin?

No private employees are legally entitled to paid sick leave, except where conditions are met to apply the federal FMLA or the Wisconsin State Family and Medical Leave law.

Which employees are exempt or partially exempt from the paid sick leave law in Wisconsin?

No private employer is required to provide paid sick leave. The Wisconsin Family and Medical Leave Law only applies to employees at companies of over 50 permanent workers.

Do I have to notify my employer before taking sick leave in Wisconsin?

Though not legally required, if your employer opts to provide paid sick leave, they would set the rules of notification.

Can I be disciplined for taking a sick day or using paid sick leave in Wisconsin?

State, county and city laws prohibit employers from retaliating against employees who use their paid sick leave. However, employees must comply with company policy around notifying their employer and providing any required documentation to maintain protection. Employees who misuse their paid sick leave or violate company policies may be subject to disciplinary action.

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Wisconsin Department of Workforce Development

Wisconsin Equal Rights Law

State Employee Sick Leave