Milwaukee Becomes Third Municipality to Require Mandatory Paid Sick Leave for Employees

November 24, 2008

Voters in the City of Milwaukee overwhelmingly approved a referendum requiring private employers in the City to provide up to nine days of paid sick leave for their employees.  This makes Milwaukee the third municipality in the country to require paid sick time for workers.  Milwaukee is the most generous of the three, providing for up to nine paid days per year, while San Francisco and Washington, D.C., allow up to seven paid days per year.

Under the Milwaukee ordinance, private employers will be required to provide workers (including full-time, part-time and temporary employees, salaried and hourly workers) one hour of paid sick leave for every 30 hours worked, up to nine days (or 72 hours) per calendar year.  Small businesses employing fewer than 10 employees (including part-time and temporary workers) will be required to provide up to five days (or 40 hours).  Employees begin accruing paid sick leave immediately upon employment, but will not be entitled to take the leave until the 90th calendar day following the start of employment.

An employee may use paid sick leave for his or her own physical or mental condition and for any preventative medical care.  Leave also can be used for a family member’s physical or mental condition or preventative medical care.  “Family member” is defined broadly, including “any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.”  The ordinance also provides leave for employees to deal with domestic abuse, sexual assault or stalking.  The ordinance also contains notice posting, anti-retaliation and enforcement provisions.

The ordinance takes effect November 12, 2008.  Implementation of all of its provisions is expected to be accomplished by February of 2009.

The Metropolitan Milwaukee Association of Commerce is challenging the legality of the ordinance on the ground that it exceeds the legislative powers of the City Council and conflicts with Wisconsin’s Family Leave Act.  The challenge may delay enforcement of the law.  However, employers should be prepared to amend their policies to comply with the new law and to implement necessary changes by February 10, 2009.  We will provide further updates as warranted.