2025 - 2026 LEGISLATURE
LRB-4641/1
MIM:klm
October 17, 2025 - Introduced by Senators L. Johnson, Carpenter, Dassler-Alfheim, Habush Sinykin, Keyeski, Larson, Pfaff, Ratcliff, Roys and Spreitzer, cosponsored by Representatives Subeck, Anderson, Andraca, Arney, Bare, Brown, Clancy, DeSmidt, Emerson, Joers, Johnson, Madison, McCarville, Miresse, Moore Omokunde, Palmeri, Phelps, Roe, Sheehan, Snodgrass, Stroud, Stubbs, Tenorio, Udell and Vining. Referred to Committee on Government Operations, Labor and Economic Development.
SB539,1,4
1An Act to repeal 103.10 (1m) (title), (a), (b) (intro.), 1., 2., 3., 4., 5. and 7., (c), (d) 2and (e); to renumber 103.10 (1m) (b) 6.; to amend 103.10 (1) (b), 103.10 (1) 3(c), 103.12 (3) (a), 103.12 (3) (b) and 165.68 (1) (a) 3. of the statutes; relating
4to: allowing the enactment of family and medical leave ordinances. Analysis by the Legislative Reference Bureau
Under current law, a city, county, town, or village may not enact and administer an ordinance that requires an employer to provide family or medical leave to an employee. This bill eliminates that prohibition.
For further information see the local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB539,15Section 1. 103.10 (1) (b) of the statutes is amended to read: SB539,2,26103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee”
1means an individual employed in this state by an employer, except the employer’s 2parent, spouse, domestic partner, or child. SB539,23Section 2. 103.10 (1) (c) of the statutes is amended to read: SB539,2,94103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer” “Employer” 5means a person engaging in any activity, enterprise, or business in this state 6employing at least 50 individuals on a permanent basis. “Employer” includes the 7state and any office, department, independent agency, authority, institution, 8association, society, or other body in state government created or authorized to be 9created by the constitution or any law, including the legislature and the courts. SB539,310Section 3. 103.10 (1m) (title), (a), (b) (intro.), 1., 2., 3., 4., 5. and 7., (c), (d) 11and (e) of the statutes are repealed. SB539,412Section 4. 103.10 (1m) (b) 6. of the statutes is renumbered 165.68 (1) (h). SB539,513Section 5. 103.12 (3) (a) of the statutes is amended to read: SB539,2,1814103.12 (3) (a) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), no 15city, village, town, or county may enact or enforce an ordinance requiring an 16employer to provide certain employment benefits to its employees, to provide a 17minimum level of employment benefits to its employees, or to prescribe the terms or 18conditions of employment benefits provided to its employees. SB539,619Section 6. 103.12 (3) (b) of the statutes is amended to read: SB539,3,220103.12 (3) (b) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), if 21a city, village, town, or county has in effect on April 18, 2018, an ordinance 22requiring an employer to provide certain employment benefits or to provide a
1minimum level of employment benefits to its employees, the ordinance does not 2apply and may not be enforced. SB539,73Section 7. 165.68 (1) (a) 3. of the statutes is amended to read: SB539,3,44165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6.
