Written by a parent, not a doctor. Nothing here is medical advice.

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Wisconsin program

Two weeks of protected family leave (Wisconsin FMLA)

Wisconsin's family leave law provides eligible workers unpaid time to care for a seriously ill child.

What it is

Wisconsin's family leave law provides eligible workers unpaid time to care for a seriously ill child.

Wisconsin has its own two weeks of unpaid, job-protected leave to care for a seriously ill child, alongside federal FMLA. You can use earned paid leave during it.

Eligibility rules
  • The employer must have at least 50 permanent employees during at least six of the preceding twelve months.
  • The Wisconsin statute requires more than 52 consecutive weeks with the employer and at least 1,000 hours worked or paid leave in the preceding 52 weeks. This differs from federal FMLA’s 12-month and 1,250-hours-worked tests.
  • Planned leave requires reasonable and practicable advance notice.
What you get
  • Up to two weeks of job-protected family leave per calendar year.
  • The option to substitute accrued employer leave, including sick leave.
If you decide to apply
  1. Ask HR to review both Wisconsin and federal FMLA and explain any paid-leave substitution.
  2. Have your work dates and hours ready. Ask the oncology team for the employer's medical certification.

Your HR office; Wisconsin Department of Workforce Development civil rights office · Official page ↗

Good to know

Wisconsin and federal leave run together when both apply. The two weeks do not simply add to federal leave.

Other details
  • Wisconsin family leave is unpaid unless accrued paid leave is substituted. Wisconsin employers are not generally required to offer sick pay.
  • The child can be a biological, adopted, foster or step child or legal ward, under 18 or an adult who cannot care for themselves. Leave can be taken in pieces around treatment days, and your health insurance continues on the usual terms.
Official sources
Ask your social worker

“Which Wisconsin and federal leave rules fit my work history, what pay could run alongside them, and could you help with a request if appropriate?”

Why I’m asking: I want to understand which time off protects my job and what income would continue.

More background and detailed requirements
Additional program information and published rules

Who does what

The three parts, side by side. The agency decides; nobody on this page does.

You

Ask in writing before taking time off, and ask for both laws at once.

Your social worker

The oncology team writes the medical certification the employer asks for.

The care team

Records and letters when the application asks for them.

Who decides
The employer, with the state labour department enforcing.
Ask HR
“I need leave to care for my child. Please treat this as a request under both Wisconsin and federal family and medical leave, and tell me which paid leave I can use at the same time.”

How to apply

First step: Write to HR asking for leave under both Wisconsin and federal law before taking any time off, and ask which paid leave can run alongside.

  1. Ask HR in writing for both Wisconsin and federal leave before taking any time off.
  2. Ask which accrued paid leave can be used at the same time.

Official application / program page ↗

Where it starts: Ask HR in writing for Wisconsin family and medical leave as well as federal leave, and ask which paid leave can be substituted.

What to gather

  • Your start date with the employer
  • Hours worked in the last year
  • The medical certification from the oncology team

How long: Two weeks in a calendar year under the state law; the federal law is separate and longer.

What a yes looks like

Written confirmation of the leave dates and that the job is held.

What a no looks like, and the next move

The employer is too small, or the hours are short. Ask about unpaid leave as an accommodation and check the federal rule.

Watch out

  • It is two weeks a year, not twelve, and it runs at the same time as the federal leave.
  • It is unpaid, and Wisconsin employers do not have to offer sick pay.
  • The exact length-of-service wording is disputed, so get HR to confirm the date in writing.

Dates that change this

2026-09-10: The statute and DWD FAQ require more than 52 consecutive weeks and at least 1,000 hours worked or paid leave in the preceding 52 weeks. This differs from the federal test. (not yet confirmed against the final rule)

The numbers and the rules

The arcane layer, kept on purpose. Checked September 11, 2026.

What it is worth

Up to two weeks of unpaid, job-protected leave a calendar year for a child's serious health condition.

  • $2/year — Weeks of leave a calendar year for a child's serious health condition
  • $50 — Permanent employees the employer must have
  • $52 — Service must exceed this number of consecutive weeks
  • $1,000 — Hours of work and paid leave needed in the preceding period

Legal protection: Job-protected leave for a child's serious health condition · Accrued employer leave, including sick leave, can be substituted

What it costs the family: Unpaid unless accrued paid leave is substituted.

The eligibility facts, as published

Employer size
50 or more permanent employees during at least six of the last twelve months
Tenure
More than 52 consecutive weeks of service
Hours
1,000 hours of work and paid leave in the preceding 52 weeks
Entitlement
up to two weeks a calendar year for a child's serious health condition
Notice
reasonable and practicable advance notice for planned leave
Public employers
coverage of public employers was not verified

The trap: It is unpaid. Wisconsin employers do not have to provide sick pay at all, and there is no state paid-leave insurance we could find. You can substitute accrued paid leave, including sick leave, if the employer offers any.

Where I read this

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