Employees who work for larger employers in Wisconsin have the right to take unpaid pregnancy and parenting leave under a mix of federal and state laws.
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If you're pregnant or planning to grow your family while working in Wisconsin, you likely want to know exactly how much time off you can take, and whether any of it comes with a paycheck. Two separate laws work together here: the federal Family and Medical Leave Act (FMLA) and Wisconsin's own Family and Medical Leave Act (WFMLA). Together, they can provide up to 12 weeks of job-protected leave for pregnancy, childbirth, and bonding with a new child, though eligibility depends on how long you've worked for your employer and how many hours you've logged. Unfortunately, none of this leave is paid.
Below we break down exactly how much leave you qualify for under each law, how the two overlap when you qualify for both, and what options exist for getting some income during your time off.
Getting Time Off During Pregnancy in Wisconsin
Two types of laws protect your right to pregnancy and maternity leave in Wisconsin, including:
- medical leave laws, and
- antidiscrimination laws.
Both federal and state laws offer protections if you’re pregnant and work for an employer in Wisconsin.
Federal Family and Medical Leave Act
The federal FMLA gives eligible employees the right to take up to 12 weeks off work during a one-year period for serious health conditions, including pregnancy. The FMLA applies only to employers with at least 50 employees.
If you qualify, you can use the FMLA to take time off when you’re unable to work because of pregnancy and childbirth. You can also take FMLA leave for prenatal care, including routine checkups and doctor visits.
(Learn more about the eligibility requirements and your right to FMLA leave for pregnancy and disability.)
Wisconsin’s Family and Medical Leave Act
The WFMLA applies to Wisconsin employers with at least 50 permanent employees. The WFMLA allows you to take up to two weeks off in a 12-month period if you’re unable to work due to pregnancy or childbirth (with more time available to bond with and care for your new baby—see below).
Your Eligibility Under Federal FMLA and WFMLA
Under the federal FMLA, you’re eligible to take time off only if you’ve worked for your employer for at least 12 months—which don’t need to be consecutive. You must also have worked at least 1,250 hours in the past year.
The requirements for Wisconsin FMLA are similar to the federal leave law, but not exactly the same: Under the WFMLA, you can take time off if you’ve worked for your employer for more than 52 consecutive weeks and for at least 1,000 hours in the past year.
Because of the similarities in eligibility requirements, you might be eligible for pregnancy, maternity, or paternity leave under:
- just FMLA
- just WFMLA, or
- both laws.
If you’re eligible under both laws, your allotted leave will run simultaneously—that is, your 2 weeks of WFMLA pregnancy leave will also count against your 12 total weeks of FMLA leave. In other words, you can’t take 2 weeks of pregnancy leave under Wisconsin law and then take 12 more weeks of medical or maternity leave under federal law.
How Federal and State Pregnancy Discrimination Laws Protect You
Both federal and state laws specifically protect the rights of pregnant workers. Some prohibit pregnancy discrimination, while others require employers to provide reasonable accommodations, including time off work in some circumstances.
Getting Time Off Under the Federal Pregnancy Discrimination Act
The federal Pregnancy Discrimination Act (PDA) protects the rights of pregnant employees who work for companies with at least 15 employees. The PDA doesn’t require your employer to give pregnant employees time off work. But it does require your employer to treat any employee who’s unable to work due to pregnancy the same as other employees who can’t work because of other temporary disabilities.
For example, if your company lets employees take time off for other medical conditions, like broken bones or heart attacks, then it must allow you to take the same time off when you can’t work because of a pregnancy. And you’re entitled to the same job protections too.
Additional Pregnancy Leave Protections Under Wisconsin Law
Like the PDA, the Wisconsin Fair Employment Act (WFEA) bars employers from discriminating against any woman because of pregnancy, childbirth, maternity leave, or related medical conditions. (Wis. Stat. § 111.36(1)(c).) This state law generally requires employers to treat pregnancy-related leave the same as leave for other temporary medical conditions.
Because the WFEA applies to both large employers and employers with fewer than 50 employees, it protects workers at small employers whom the FMLA or WFMLA doesn’t cover.
Reasonable Accommodations Under the Pregnant Workers Fairness Act
Another federal law, the Pregnant Workers Fairness Act (PWFA), requires covered employers of 15 or more employees to provide reasonable accommodations for employees who need them because of:
- pregnancy
- childbirth, or
- related medical conditions.
Time off work can qualify as a reasonable accommodation under the PWFA. Most employers must provide accommodations, like time off, unless doing so would create an undue hardship for the business.
(Learn when the ADA requires some employers to provide reasonable accommodations to pregnant women under certain circumstances.)
How Long Is Parental Leave in Wisconsin?
Parental leave (bonding time) in Wisconsin can last up to six weeks under state law, or up to 12 weeks under federal law if you haven't already used that time for pregnancy-related medical leave.
Under the Wisconsin FMLA, you can take up to six weeks of parental leave in a 12-month period—in addition to the two weeks of pregnancy leave discussed above. But you must start your parenting leave within 16 weeks of the child's birth or placement in your home.
Even if you don't use all of your two weeks of pregnancy leave, you can take only six weeks of parental leave. And if you’re eligible for parental leave under both the FMLA and WFMLA, your entitlements will run simultaneously, as explained above.
In addition to medical leave, the federal FMLA also gives employees the right to take time off to bond with a new child, whether biological, adopted, or fostered. (This is part of your total 12-week FMLA leave entitlement. So, if you use 2 weeks of FMLA leave during your pregnancy, you’ll have 10 weeks left to use for parental leave.)
Part-Time or Reduced Schedule Leave
The FMLA allows employees to take medical leave intermittently. For example, if you have a prenatal checkup, you can use a couple of hours of FMLA leave and then go back to work. The same is true for pregnancy-related ailments that don't last all day—like morning sickness—when you might need a few hours off in the morning but be able to come to work by lunchtime.
For parental leave, however, the rules are different. You can only use your FMLA parenting leave a little at a time if your employer agrees to it. And if your employer allows you to use your parenting leave intermittently, you must finish taking time off within one year after your child is born or placed in your home.
This rule doesn’t apply under the Wisconsin FMLA. The WFMLA gives you the right to use your parental leave as a partial absence from employment—that is, by working part-time—as long as your leave doesn’t unfairly disrupt your employer’s operations.
When Parents Work for the Same Employer
If you’re married to someone who works for the same company, your employer can limit your total amount of FMLA parental leave to 12 weeks for both of you. (This restriction doesn’t appear in the WFMLA.) But whatever portion of your own 12 weeks of FMLA leave you don't use for parenting will still be available to you for other reasons, including medical leave.
For example, let's say Eden and her husband Kenny both work for the same employer. Eden's doctor orders her to take off work for six weeks to recover from childbirth. Once recovered, she uses her remaining six weeks of FMLA leave to take care of the baby.
Kenny is left with only six weeks of FMLA paternity leave. If he uses that six weeks of parental leave, he’d still have another six weeks of FMLA leave he can use for other reasons—like if he becomes ill or injured or if his child develops a serious health condition.
Do You Get Paid on FMLA in Wisconsin?
Maternity and paternity leave under both the FMLA and the Wisconsin FMLA is unpaid leave. But you might be paid for at least some of your time off if you use the paid time off you’ve accrued on the job, including sick days or vacation time.
Your employer might even require you to use these benefits when you take time off for pregnancy or parenting. And some employers offer benefits that will pay part of your income while you take time off for the birth of a new child, such as:
- paid maternity, paternity, or parental leave, or
- short-term disability insurance.
If you’re expecting a new child, talk to your employer about the types of leave available to you.
