Wis. Stat. § 103.10 — WI Code / Chapter 103 / Section 103.10
Family or medical leave.
Status: in_force

(1) Definitions. In this section:

(a) “Child” means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies:

1. The individual is less than 18 years of age.

2. The individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition.

(am) “Christian Science practitioner” means a Christian Science practitioner residing in this state who is listed as a practitioner in the Christian Science journal.

(ar) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1) .

(b) Except as provided in sub. (1m) (b) 2. and s. 452.38 , “employee” means an individual employed in this state by an employer, except the employer’s parent, spouse, domestic partner, or child.

(c) Except as provided in sub. (1m) (b) 3. , “employer” means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis. “Employer” includes the state and any office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

(d) “Employment benefit” means an insurance, leave or retirement benefit which an employer makes available to an employee.

(e) “Health care provider” means a person described under s. 146.81 (1) (a) to (p) , but does not include a person described under s. 146.81 (1) (hp) .

(f) “Parent” means a natural parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee’s spouse or domestic partner.

(g) “Serious health condition” means a disabling physical or mental illness, injury, impairment or condition involving any of the following:

1. Inpatient care in a hospital, as defined in s. 50.33 (2) , nursing home, as defined in s. 50.01 (3) , or hospice.

2. Outpatient care that requires continuing treatment or supervision by a health care provider.

(h) “Spouse” means an employee’s legal husband or wife.

(1m) Statewide concern; uniformity.

(a) The legislature finds that the provision of family and medical leave that is uniform throughout the state is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county that requires employers to provide employees with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing family and medical leave that is uniform throughout the state.

(b) In this subsection:

1. “Domestic abuse” has the meaning given in s. 968.075 (1) (a) .

2. “Employee” has the meaning given in s. 104.01 (2) (a) .

3. “Employer” has the meaning given in s. 104.01 (3) (a) .

4. “Family member” means a spouse or domestic partner of an employee; a parent, child, sibling, including a foster sibling, brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an employee or of an employee’s spouse or domestic partner; or any other person who is related by blood, marriage, or adoption to an employee or to an employee’s spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the person the equivalent of a family member of the employee, spouse, or domestic partner.

5. “Health condition” means a physical or mental illness, injury, impairment, or condition.

6. “Sexual abuse” means conduct that is in violation of s. 940.225 , 944.30 (1m) , 948.02 , 948.025 , 948.05 , 948.051 , 948.055 , 948.06 , 948.085 , 948.09 , or 948.10 or that is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

7. “Stalking” means to engage in a course of conduct, as defined in s. 940.32 (1) (a) , that meets the criteria of s. 940.32 (2) (a) .

(c) Subject to par. (d) , a city, village, town, or county may not enact and administer an ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the following reasons:

1. Because the employee has a health condition, is in need of medical diagnosis, care, or treatment of a health condition, or is in need of preventive medical care.

2. To care for a family member who has a health condition, who is in need of medical diagnosis, care, or treatment of a health condition, or who is in need of preventive medical care.

3. Because the employee’s absence from work is necessary in order for the employee to do any of the following:

a. Seek medical attention or obtain psychological or other counseling for the employee or a family member to recover from any health condition caused by domestic abuse, sexual abuse, or stalking.

b. Obtain services for the employee or a family member from an organization that provides services to victims of domestic abuse, sexual abuse, or stalking.

c. Relocate the residence of the employee or of a family member due to domestic abuse, sexual abuse, or stalking.

d. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.

4. To deal with any other family, medical, or health issues of the employee or of a family member.

(d) This subsection does not affect an ordinance affecting leave from employment of an employee of a city, village, town, or county.

(e) Any city, village, town, or county ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) that is in effect on May 20, 2011, is void.

(2) Scope.

(a) Nothing in this section prohibits an employer from providing employees with rights to family leave or medical leave which are more generous to the employee than the rights provided under this section.

(b) This section does not limit or diminish an employee’s rights or benefits under ch. 102 .

(c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 hours during the preceding 52-week period.

(3) Family leave.

(a)

1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and 2.

2. In a 12-month period no employee may take more than 2 weeks of family leave for the reasons specified under par. (b) 3.

3. In a 12-month period no employee may take more than 8 weeks of family leave for any combination of reasons specified under par. (b) .

(b) An employee may take family leave for any of the following reasons:

1. The birth of the employee’s natural child, if the leave begins within 16 weeks of the child’s birth.

2. The placement of a child with the employee for adoption or as a precondition to adoption under s. 48.90 (2) , but not both, if the leave begins within 16 weeks of the child’s placement.

3. To care for the employee’s child, spouse, domestic partner, or parent, if the child, spouse, domestic partner, or parent has a serious health condition.

(c) Except as provided in par. (d) , an employee shall schedule family leave after reasonably considering the needs of his or her employer.

(d) An employee may take family leave as partial absence from employment. An employee who does so shall schedule all partial absence so it does not unduly disrupt the employer’s operations.

(4) Medical leave.

(a) Subject to pars. (b) and (c) , an employee who has a serious health condition which makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties.

(b) No employee may take more than 2 weeks of medical leave during a 12-month period.

(c) An employee may schedule medical leave as medically necessary.

(5) Payment for and restrictions upon leave.

(a) This section does not entitle an employee to receive wages or salary while taking family leave or medical leave.

(b) An employee may substitute, for portions of family leave or medical leave, paid or unpaid leave of any other type provided by the employer.

(6) Notice to employer.