Wisconsin FMLA: How Wisconsin Maternity Leave, Medical, and Family Leave Works (2025)

Managing employees in Wisconsin means following state-specific rules around family and medical leave. The Wisconsin Family and Medical Leave Act (WFMLA) adds more nuance to what you may already know about federal FMLA.

Understanding how Wisconsin’s unpaid leave works, who qualifies, and how your responsibilities differ from federal law is critical to staying compliant.

This guide breaks down what HR and payroll teams need to know about WFMLA, so you can apply the law correctly, avoid penalties, and support your team.

Deel’s in-house experts and platform have helped thousands of companies stay compliant with US leave laws, including Wisconsin’s.

Here, we’ll walk you through the requirements and show you how to simplify leave management while meeting your obligations.

Understanding Wisconsin FMLA

The Wisconsin Family and Medical Leave Act (WFMLA) provides eligible employees with unpaid parental leave for bonding with a new child, unpaid family leave for caring for a seriously ill family member, and unpaid medical leave for taking care of their own serious health conditions.

The law applies to employers with 50 or more employees and runs concurrently with the federal FMLA, so workers receive whichever protection is more favorable.

What the Wisconsin FMLA covers

Wisconsin combines parental and family leave for one 8-week allowance every 12 months. The benefit year is defined as a calendar year, starting on January 1st and ending on December 31st. Employees can use any mix of parental or family leave reasons within that cap.

Wisconsin FMLA eligibility and applicability

Wisconsin has specific requirements for WFMLA eligibility based on the number of employees in a company and the individual’s length of service.

Employee eligibility

Employees are eligible if they have been employed for at least 12 months (52 consecutive weeks) and have worked at least 1,000 hours in the preceding 12 months.

Employer applicability

The law covers employers with 50 or more permanent employees.

Job protection and benefits

Employees must be reinstated to the same or an equivalent position with equivalent pay, benefits, and terms upon return from leave. Employers must continue group health insurance coverage under the same conditions as if the employee were working.

How to apply for Wisconsin FMLA

When the need for leave is foreseeable (e.g., an expected due date or scheduled surgery), employees should provide at least 30 days’ advance notice whenever possible.

If leave must begin unexpectedly, notice should be given as soon as practicable. Employers may require certification from a health care provider to confirm the serious health condition of the family member or employee.

Wisconsin Parental and Family Leave and the FMLA

Leave taken under Wisconsin law runs concurrently with leave under the federal FMLA. If an employee is covered by both, the time off counts against both entitlements, and the employee is entitled to the most favorable provisions.

Wisconsin’s law allows leave for domestic partners and their parents and has a lower hours-worked threshold (1,000 vs. 1,250 hours), while the federal FMLA provides up to 12 weeks.

Simplify US leave compliance with Deel

New to managing parental and family leave in Wisconsin? With Deel PEO you can offload compliance risks and administrative processes to experts. You can also use Deel US Payroll for payroll processing.

• Fully in-house operations: Deel’s team handles everything end-to-end
• Expert payroll, HR, and benefits compliance: Stay ahead of complex regulations
• Exclusive Aetna International health plans: Premium global coverage for your US W-2 employees travelling abroad
• 60+ domestic benefit plans: Competitive benefits tailored to US employees and the ability to retain your existing benefits partner
• Trainings, written policies, and HR support: All the tools you need to manage leave confidently

Ready to simplify Wisconsin leave compliance? Book a 30-minute call with our experts.