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Bills from the 2011–12 session

Assembly Bill 41

Preemption of city, village, town, or county ordinances requiring employers to provide employees with leave from employment to deal with family, medical, or health issues

Topics: County: Ordinance, Employment, Family, Municipality: Ordinance, Town: Laws, Village: Ordinance

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Mar 8, 2011

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, an employer, including the state, that employs at least 50 individuals on a permanent basis must permit an employee who has been employed by the employer for more than 52 consecutive weeks and who has worked for the employer for at least 1,000 hours during the preceding 52 weeks to take six weeks of family leave in a 12-month period and two weeks of medical leave in a 12-month period. Family leave may be taken for the birth or adoptive placement of a new child or to care for a child, spouse, or parent who has a serious health condition. Medical leave may be taken when the employee has a serious health condition that makes the employee unable to perform the employee's employment duties. An employee is not entitled to receive wages or salary while taking family or medical leave, but may substitute, for portions of family or medical leave, other types of paid or unpaid leave provided by the employer.

This bill states that the provision of family and medical leave that is uniform throughout the state is a matter of statewide concern and that it would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of the state family and medical leave law for a city, village, town, or county to enact an ordinance that requires employers to provide employees with leave from employment for any of the following reasons:

Read the full summary

1. Because the employee has a physical or mental illness, injury, impairment, or condition (health condition); is in need of medical diagnosis, care, or treatment of a health condition; or is in need of preventive medical care.

2. To care for a family member who has a health condition; who is in need of medical diagnosis, care, or treatment of a health condition; or who is in need of preventive medical care. The bill defines "family member" as a spouse or domestic partner of the employee; a parent, child, sibling, including a foster sibling, brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an employee or of an employee's spouse or domestic partner; or any other person who is related by blood, marriage, or adoption to an employee or to an employee's spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the person the equivalent of a family member of the employee, spouse, or domestic partner.

3. Because the employee's absence from work is necessary in order for the employee to do any of the following:

a. Seek medical attention or obtain psychological or other counseling for the employee or a family member to recover from any health condition caused by domestic abuse, sexual abuse, or stalking.

b. Obtain services for the employee or a family member from an organization that provides services to victims of domestic abuse, sexual abuse, or stalking.

c. Relocate the residence of the employee or of a family member due to domestic abuse, sexual abuse, or stalking.

d. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.

4. To deal with any other family, medical, or health issues of the employee or of a family member.

Therefore, the bill requires the state family and medical leave law to be construed as an enactment of statewide concern for the purpose of providing family and medical leave that is uniform throughout the state. As such, the bill prohibits a city, village, town, or county from enacting and administering an ordinance requiring an employer to provide employees with leave from employment, paid or unpaid, for any of the reasons specified in the bill and provides that a city, village, town, or county ordinance requiring leave from employment for those reasons that is in effect on the effective date of the bill is void.

Who's behind it

3 lawmakers are its ⁠. All 3 are Republicans.

4 more lawmakers ⁠.

See all 7 names

Authors (3)

Signed on in support (4)

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Labor and Workforce Development vote to recommend it

Passed, 6 to 3 · Apr 5, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Labor and Workforce Development, Ayes 6, Noes 3”. Official record · This vote on its own page

What happened

  1. Mar 23, 2012

    The session ended, and the bill died with it.

  2. Apr 5, 2011

    Sent to the Assembly Committee on Rules.

  3. Apr 5, 2011

    The committee voted to recommend passing it, 6 to 3.

  4. Mar 30, 2011

    The committee held a public hearing.

  5. Mar 8, 2011

    Sent to the Assembly Committee on Labor and Workforce Development.

  6. Mar 8, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 8, 2011 · Assembly

    Introduced by Representatives Kapenga, Stone and Honadel;Cosponsored by Senators Vukmir, Darling, Grothman and Lazich

  2. Mar 8, 2011 · Assembly

    Read first time and referred to committee on Labor and Workforce Development

  3. Mar 30, 2011 · Assembly

    Public hearing held

  4. Apr 5, 2011 · Assembly

    Executive action taken

  5. Apr 5, 2011 · Assembly

    Report passage recommended by committee on Labor and Workforce Development, Ayes 6, Noes 3

  6. Apr 5, 2011 · Assembly

    Referred to committee on Rules

  7. Apr 5, 2011 · Assembly

    Made a special order of business at 11:01 A.M. on 4-12-2011 pursuant to Assembly Resolution 5

  8. Apr 12, 2011 · Assembly

    Laid on the table

  9. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote