IN THE PRESS

9to5 asks court to enact sick leave law

May 26, 2011
Sean Ryan
Milwaukee Business Journal

The Milwaukee paid sick leave law should be in effect for two years before a new state law can void the requirements, according to 9to5, National Association of Working Women.

Wisconsin Gov. Scott Walker on May 5 signed a law that prevents local governments from approving paid sick leave requirements. That law was intended to wipe out the Milwaukee law that voters approved in 2008. The Milwaukee law never took effect because of a lawsuit filed by the Metropolitan Milwaukee Association of Commerce.

The MMAC and 9to5 are still battling in court, this time over whether the new state law actually kills Milwaukee’s sick leave requirements. A Wisconsin Court of Appeals upheld the Milwaukee sick leave law in March and ordered that it take effect.

The MMAC on May 19 asked a Milwaukee County Circuit Court to dismiss the lawsuit as pointless because the new state law voids the city requirements. But 9to5 will ask the court to uphold the law and let it take effect.

The Milwaukee sick leave law was approved by voter referendum, and Wisconsin statutes requires laws approved by voters be in effect for two years before elected officials can repeal or amend them. Attorneys for 9to5 argue that the new state law cannot wipe out Milwaukee's sick leave requirements for another two years.

The Milwaukee law requires businesses with at least 10 employees to let workers in the city of Milwaukee accrue at least nine days of paid sick leave a year. Companies with fewer workers must provide at least five paid sick days.