Understanding Maternity Leave Rights in Wisconsin

March 20, 2025

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A woman is laying on a bed with a baby wrapped in a blanket.

For women, having the flexibility to take time off to heal, care for, and bond with a new baby can be overwhelming if there is a concern about going back to work. Understanding your rights to maternity leave in Wisconsin could offer some peace of mind to you.

What Are Wisconsin’s Maternity Leave Laws?

Wisconsin law provides those who qualify with up to six weeks of leave that must start within 16 weeks before or after the birth of a child. Federal law, under the Family Medical Leave Act, provides for up to 12 weeks of time off for the birth of a child. Let us break down what these laws mean as you prepare for motherhood.

Wisconsin Family and Medical Leave Act

The Wisconsin Family and Medical Leave Act is available to certain employees in the state. It allows you to take unpaid leave for the birth or adoption of a child. It applies to all employees who work with a company that has at least 50 permanent employees during at least 6 of the last 12 months. Employees are covered if they have worked for that employer for at least 52 consecutive weeks and at least 1000 hours in the previous 52 weeks before they request leave.


Those who meet these qualifications can take up to 6 weeks off for the birth or adoption of a child. You can take that time off in chunks as needed.

Federal FMLA

The Federal Family Medical Leave Act is similar to the state version, though it provides 12 weeks of time off. To qualify under federal law, you must have worked at least 1250 hours in the previous 12 months with that employer.



Note that this time off does not provide benefits, but it protects your health insurance while you take time off. It also protects your job position so that you have support when you are ready to come back.

Paid Parental Leave

Every employer must follow the laws noted above if their business qualifies. However, some employers go further and provide for paid parental leave or other services. This differs from one organization to the next, but no company is required under the state’s laws to pay for care.


Note that some employers provide additional services that could help you. If not, you can also find free parenting classes and other pregnancy services available to you from Willow Womens Center.

How Does Wisconsin’s Family and Medical Leave Work?

If you work for a company that is required to provide leave under state or federal programs, you simply need to inform them of your need to take time off. They may ask for proof of the medical needs you have, such as documentation of the pregnancy, which your doctor can provide to you. It is that easy to gain protection.

How Does Wisconsin’s Family and Medical Leave Work?

If you work for a company that is required to provide leave under state or federal programs, you simply need to inform them of your need to take time off. They may ask for proof of the medical needs you have, such as documentation of the pregnancy, which your doctor can provide to you. It is that easy to gain protection.

A woman is holding a baby while using a laptop computer.

Who Qualifies for Maternity Leave in Wisconsin?

You have to meet requirements based on the number of hours worked for a company, as noted above. Keep in mind that many companies also have their own programs to help you cover some of the costs or may offer supportive services that have their own eligibility requirements.

Does Wisconsin Pay for Maternity Leave?

No, there is no law that requires the state’s employers to pay for time off for maternity leave. Remember, some companies do.

Willow Womens Center Is Here to Help

At Willow Womens Center, you can find a wide range of services available to help you navigate your future. Start by setting up a consultation with us, and let us help you navigate the unplanned pregnancy options available to you. If you are not working or pregnant in college, reach out to us to gain additional supportive services to help you at this time.

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