What is Wisconsin's one-day-of-rest-in-seven law?

Factory and mercantile employees must receive 24 consecutive hours of rest in every calendar week (Wis. Stat. 103.85). It's a scheduling constraint most no-mandate states lack — a crew scheduled seven straight days violates it even with perfect attendance.

When is the final paycheck due in Wisconsin?

The next regular payday or within 31 days of the last day worked, whichever is earlier — and within 24 hours when the separation results from a merger, relocation, or business closure.

Does a Wisconsin employer have to pay out unused PTO at termination?

Only if a policy or agreement promises it — but a promised payout is a collectible wage through the DWD, so the drafting matters in both directions.

Can you fire someone for calling in sick in Wisconsin?

Generally yes — at-will applies, limited by federal FMLA/ADA, Wisconsin FMLA at 50+ employees, workers' comp retaliation, and the Fair Employment Act's protections.

Does Wisconsin require meal breaks?

Not for adults — the DWD recommends a 30-minute meal near mealtime but doesn't require it. Any break you do provide that runs under 30 minutes must be paid.

Wisconsin sick leave law & call-off rules

Q: Is paid sick leave required in Wisconsin?

No. Wisconsin has no paid sick leave mandate — Milwaukee's voter-approved 2008 ordinance was preempted by state law before enforcement, and no local ordinance can revive it. The Wisconsin FMLA provides unpaid leave at 50+ employee firms; paid sick leave is policy-driven.

Wisconsin has no paid sick leave mandate — Milwaukee's voter-approved ordinance was preempted before it ever operated — but it keeps two rules that shape scheduling: factory and mercantile employees must get 24 consecutive hours of rest every calendar week, and Wisconsin's own FMLA layers unpaid leave rules on 50+ employee firms that differ from the federal act. Here is what applies in 2026.

Wisconsin at a glance

Paid sick leave mandate	None — Milwaukee's 2008 ordinance was preempted by 2011 Act 16
One day of rest in seven	Factory and mercantile employees: 24 consecutive hours off per calendar week
Wisconsin FMLA	Unpaid leave at 50+ employees, with rules that differ from federal FMLA
PTO at termination	Policy controls — promised amounts become collectible wages (ch. 109)
Final paycheck deadline	Next payday or 31 days, whichever is earlier; 24 hours on closures/mergers
Voting leave	Up to 3 consecutive hours, unpaid, requested before election day
Meal breaks	Recommended, not required, for adults — but breaks under 30 minutes must be paid

Is paid sick leave required in Wisconsin?

No. Wisconsin has no paid sick leave requirement — 2011's Act 16 preempted local sick-leave ordinances (nullifying Milwaukee's), and 2017's Act 327 broadened employment-law preemption. The Wisconsin FMLA provides unpaid, job-protected leave at 50+ employee firms; paid sick leave is your written policy plus the federal floor.

The federal floor that still applies

FMLA

Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."

ADA

For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.

Call-offs, no-call no-shows, and firing in Wisconsin

Wisconsin is at-will with the Brockmeyer public-policy exception and strong statutory retaliation protections under the Fair Employment Act. For attendance systems, the state-specific work is scheduling-side: the one-day-rest-in-seven law makes a seventh consecutive scheduled day for factory or mercantile crews unlawful regardless of attendance points, and Wisconsin FMLA absences (which can be covered by substituted paid leave) can't be pointed any more than federal ones. The DWD's Equal Rights Division handles both wage and retaliation claims, on records. A call-off hotline or text-based call-off system keeps the absence side of those records complete.

PTO payout and final paychecks

Scenario	Rule	Source
Employee is fired or laid off	Next regular payday or within 31 days of the last day worked, whichever is earlier; 24 hours if the separation is due to merger, relocation, or closure	Wis. Stat. 109.03
Employee quits	Next regular payday (31-day outer limit)	Wis. Stat. 109.03
Unused vacation / PTO	Payable only if promised by policy or agreement — but promised amounts are collectible wages through DWD	Wis. Stat. ch. 109
Enforcement	DWD Equal Rights Division wage claims	—

Wisconsin enforces the promise, not a default — write the payout rule you intend. See how PTO accrual works.

Leave Wisconsin employers must (and must not) provide

Leave type	Required?	Notes
Weekly rest	Yes — factory/mercantile	24 consecutive hours off in every calendar week (Wis. Stat. 103.85)
Voting	Yes — unpaid	Up to 3 consecutive hours while polls are open; request before election day; employer may set the time
Jury duty	Yes — unpaid	Job-protected with no seniority loss (Wis. Stat. 756.255)
Wisconsin FMLA	Yes at 50+ employees	Unpaid; notably allows substituting accrued paid leave — including employer-provided sick leave — for WFMLA absences
Meal breaks	Recommended	30 minutes near mealtime recommended for adults; mandatory only for minors; sub-30-minute breaks are paid time

The Wisconsin employer's attendance playbook

Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
Screen call-offs for protected reasons before applying points — sickness that could be FMLA/ADA territory gets a different track than an overslept alarm.

Note: This is general information for Wisconsin private-sector employers as of 2026, not legal advice. Federal contractors and public employers have additional rules, and laws change. Confirm specifics with qualified counsel.

Comparing states? See all published guides on the state sick leave laws hub.

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