Wisconsin
Verified February 2026Wisconsin Fair Employment Act
Wis. Stat. §§ 111.31–111.395
Wisconsin does not have a state-level family or medical leave law for private-sector employees that supplements the federal FMLA. The state did have a family and medical leave law (WFMLA) enacted in 1988, but it applies only to state and local government employers with 50+ employees and certain private employers. For most private-sector workers, job-protected leave relies on the federal FMLA. To qualify, you must work for an employer with 50+ employees and have worked at least 12 months and 1,000 hours (the Wisconsin standard for covered employers) or 1,250 hours (the federal standard).
Wisconsin provides exceptionally broad anti-discrimination protection through the Wisconsin Fair Employment Act (WFEA). The WFEA covers employers with just 1 or more employees, one of the broadest thresholds in the nation. This means virtually every worker in Wisconsin has state-level protection against disability discrimination, regardless of how small their employer is. The Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development enforces the law.
Wisconsin does not mandate paid sick leave at the state level, and the legislature preempted Milwaukee's local paid sick leave ordinance in 2011. Workers' compensation in Wisconsin covers mental health injuries, including mental-mental claims, but the worker must prove the workplace stress was of greater dimensions than the day-to-day emotional strain experienced by all employees.
The WFEA's 1-employee threshold makes Wisconsin's anti-discrimination protections among the most inclusive in the country. Combined with federal FMLA and ADA protections, this creates a strong safety net even in the absence of a comprehensive state leave law for the private sector.
Employer Size
1+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Wisconsin does not have a comprehensive state leave law for private-sector workers. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The Wisconsin Fair Employment Act (WFEA) covers employers with just 1 or more employees, far broader than the federal ADA threshold of 15 employees.
Additional Protections
Wisconsin Fair Employment Act (WFEA)
Prohibits employment discrimination based on disability and other protected classes for employers with 1+ employees. One of the broadest coverage thresholds in the country. Provides a state-level enforcement mechanism through the Equal Rights Division.
Wis. Stat. § 111.321
Wisconsin Family and Medical Leave Act (WFMLA)
Wisconsin's own FMLA provides up to 6 weeks of family leave and 2 weeks of medical leave per year for covered employers (50+ employees) and employees who have worked 1,000+ hours. Primarily applies to state and local government employers.
Wis. Stat. § 103.10
Workers' Compensation - Mental Health Coverage
Wisconsin workers' compensation covers mental injuries, including mental-mental claims. The worker must prove the workplace stress was of greater dimensions than the day-to-day emotional strain experienced by all employees. Gradual stress claims are recognized but face a high burden of proof.
Wis. Stat. § 102.01
1. Request FMLA Leave (Federal)
For most private-sector employees, eligible workers follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- The WFEA covers employers with 1+ employees, so virtually all workers are covered.
- File within 300 days of the discriminatory act.
- File a complaint with the Equal Rights Division online, by mail, or in person.
- ERD will investigate and attempt conciliation. If probable cause is found, the case proceeds to a hearing.
Note: Filing with ERD automatically cross-files with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 300 days - Deadline to file a discrimination complaint with the Equal Rights Division or the EEOC
- 30 days - Workers' comp injury should be reported to employer as soon as practicable
- 2 years - Statute of limitations for workers' compensation claims
Official Resources
Frequently Asked Questions
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