Milwaukee's Sick Leave Ordinance Likely to Be Nullified

06 April 2011 Publication

Legal News Alert: Labor & Employment

It seems likely that the Milwaukee Paid Sick Leave Ordinance will be nullified, and likely very soon. State legislators have been considering legislation that would make family and medical leave uniform throughout Wisconsin, which would essentially preempt Milwaukee’s Sick Leave Ordinance. The Senate has already passed such a bill, and on April 5, 2011, a Wisconsin Assembly committee approved an identical bill (AB-41). See AB-41 is scheduled for an Assembly floor vote on April 12, 2011, and expected to pass the Assembly. Governor Scott Walker is expected to sign it.

State lawmakers are responding to the Wisconsin Court of Appeals’ decision to revive Milwaukee’s controversial Sick Leave Ordinance in March. (The Court of Appeals reversed a Milwaukee County Circuit Court decision that declared the ordinance unconstitutional.) The ordinance would require employers located within the City of Milwaukee to provide paid sick leave benefits to employees who work within the city limits.

Even though some uncertainty remains (i.e., the implementation date of the ordinance has always been unclear, and nor is there certainty about when AB-41 will become effective), it seems quite likely that the Milwaukee Paid Sick Leave Ordinance is — in layman’s terms — dead and done.

We will provide further updates as more information becomes available.

Legal News Alert is part of our ongoing commitment to providing up-to-the-minute information about pressing concerns or industry issues affecting our clients and colleagues. If you have any questions about this update or would like to discuss this topic further, please contact your Foley attorney or the following:

David J.B. Froiland
Milwaukee, Wisconsin

Caroline A. Hogan
Milwaukee, Wisconsin