Pregnancy Laws in Wisconsin (2026): Your Complete Rights Guide

Most people don’t realize how much pregnancy laws changed in Wisconsin recently. Seriously. Between the 2025 Supreme Court ruling on abortion and new federal protections for pregnant workers, a lot has shifted. If you’re pregnant, planning to be, or just want to know your rights, this guide breaks down exactly what you need to know.

Let’s start with the basics. Then we’ll dig into the details that actually matter.

What Pregnancy Laws Cover in Wisconsin

Okay, so here’s the deal. Pregnancy laws in Wisconsin cover several different areas. You’ve got abortion access, workplace protections, family leave, and health insurance requirements. Each one has its own rules. Some are state laws. Others are federal. And yeah, they can overlap in confusing ways.

The good news? You don’t need a law degree to understand your rights. We’re breaking it all down in plain English.

Abortion Rights in Wisconsin

Here’s where things got interesting. After years of legal chaos, Wisconsin finally has clarity on abortion. Let me explain what happened.

When the U.S. Supreme Court overturned Roe v. Wade in June 2022, everyone panicked. Wisconsin had an 1849 law on the books that banned almost all abortions. Providers stopped offering services immediately. For over a year, abortion care basically disappeared in the state.

Then the courts got involved. In July 2025, the Wisconsin Supreme Court made it official. The 1849 law was struck down for good. Now Wisconsin follows a 20-week limit based on laws passed in more recent decades.

Pretty straightforward, right?

The 20-Week Rule

Wisconsin law prohibits abortion at 20 weeks post-fertilization. This is roughly 22 weeks from your last menstrual period. Most abortions happen well before this cutoff. The law includes exceptions, though. The abortion must be necessary to preserve your life or health. A doctor determines this based on reasonable medical judgment.

In medical emergencies, the rules are more flexible. These later abortions after viability must be performed in a hospital on an inpatient basis. That’s required by state law.

Sound complicated? It’s actually not.

What You Need Before Getting an Abortion

Wisconsin has specific requirements you must follow. First, there’s a mandatory 24-hour waiting period. You need to visit the clinic or provider once for counseling. Then you wait 24 hours. After that, you return for the actual procedure.

You’ll also need an ultrasound. The provider must perform one before the abortion. The law requires this for all abortions.

Only licensed physicians can perform abortions in Wisconsin. Nurse practitioners and physician assistants cannot. This is different from some other states.

Hold on, this part is important. If you’re seeking abortion care in Wisconsin, plan ahead. Call clinics early. Understand the two-visit requirement. And if you need financial help, abortion funds may be available.

Criminal Penalties

Will you face charges for getting an abortion? No. Wisconsin law exempts pregnant people from any criminal liability. Only providers can face penalties for violating abortion laws. You are protected.

Pregnancy Discrimination at Work

Let’s talk about your job. Wondering if your boss can treat you differently because you’re pregnant? Short answer: No. Absolutely not.

Wisconsin’s Fair Employment Act makes pregnancy discrimination illegal. So does federal law under Title VII of the Civil Rights Act. Any employer who treats you worse because you’re pregnant is breaking the law.

Honestly, this is the part most people miss.

What Counts as Discrimination

Pregnancy discrimination happens when an employer treats a pregnant employee less favorably than others. This includes refusing to hire you because you’re pregnant. It includes firing you, cutting your hours, or passing you over for promotions. It includes laying you off or reducing your pay.

Basically, if your employer wouldn’t do it to someone with a different temporary disability, they can’t do it to you.

Under Wisconsin law, all employers must follow these rules. Every single one. Federal law applies to employers with 15 or more employees. But Wisconsin’s law covers everyone, even small businesses.

Examples of Illegal Actions

Your employer cannot refuse to hire you just because you’re pregnant. If you meet the job qualifications, pregnancy cannot be the reason you’re rejected. Your employer cannot ask if you’re pregnant during a job interview. They cannot ask if you plan to have children.

These questions are illegal under both state and federal law.

If you’re already employed, your boss cannot force you to take leave unless you actually cannot perform your job. The timing and length of pregnancy leave should be between you and your doctor. Co-worker preference is not a valid reason for forcing you out.

Trust me, this works.

Your Health Insurance Rights

Your employer must provide disability coverage for pregnancy on the same basis as other conditions. This means disability income and medical expense insurance must cover maternity-related needs. The coverage must be the same as for all other conditions.

Any health insurance plan offered through your job must cover maternity equally. This applies whether or not your employer contributes to the plan. Your employer cannot treat maternity benefits differently based on your marital status.

Makes sense, right?

Workplace Accommodations for Pregnancy

Okay, pause. Read this carefully. This is where federal law made huge changes in 2023.

The Pregnant Workers Fairness Act went into effect on June 27, 2023. It changed everything. This federal law requires employers with 15 or more employees to provide reasonable accommodations for pregnancy-related limitations. You don’t need to have a disability to get help.

This was a big deal. Wisconsin doesn’t have its own state pregnancy accommodation law. So for Wisconsin workers, the federal PWFA is your main protection.

What Accommodations Look Like

So what can you ask for? Here are some common examples. You can request permission to sit more while working. You can ask for closer parking. You can request flexible schedules or additional bathroom breaks. You can ask for time to eat and drink water.

You can request help with heavy lifting. You can ask to avoid exposure to chemicals. You can request a temporary change in duties. You can ask for time off to recover from childbirth.

Pretty straightforward.

The key word is “reasonable.” Your employer must provide accommodations unless doing so causes undue hardship. Undue hardship means significant difficulty or expense. Most accommodations don’t reach that level.

When You Don’t Need Medical Documentation

Here’s where it gets better. For many accommodations, you don’t need a doctor’s note. Seriously. If your limitation is obvious, you can’t be required to provide documentation. If you’re visibly pregnant and need a bigger uniform, that’s obvious.

If you need bathroom breaks, water breaks, or permission to sit instead of stand, you don’t need a note. If you’re breastfeeding and need breaks to pump, you don’t need documentation.

Your employer can only ask for medical information when it’s reasonable under the circumstances.

Honestly, this law makes sense.

Small Employer Exception

There’s a catch for small businesses. The PWFA only applies to employers with 15 or more employees. If you work for a smaller employer, you might not have these federal protections.

However, you may still have rights under the Wisconsin Fair Employment Act. That law covers disability accommodations more broadly. It applies to all Wisconsin employers, no matter the size.

Not sure what counts? Contact the Wisconsin Equal Rights Division for guidance.

Family and Medical Leave

Let’s talk about time off. Wisconsin has its own family and medical leave law. So does the federal government. You might be eligible for one or both.

Stay with me here.

Wisconsin Family and Medical Leave

Wisconsin law applies to employers with 50 or more permanent employees. You’re eligible if you’ve worked for at least 52 consecutive weeks. You also need at least 1,000 hours during that time.

Here’s what you get. You can take up to 6 weeks for the birth or adoption of a child. You can take up to 2 weeks for your own serious health condition. You can take up to 2 weeks to care for a child, spouse, domestic partner, parent, or parent-in-law with a serious health condition.

These are separate buckets. That means you could potentially use all three in the same year.

Federal Family and Medical Leave

Federal FMLA is similar but different. It applies to employers with at least 50 employees. You need to have worked for 12 months and at least 1,250 hours in the past year.

Federal FMLA gives you up to 12 weeks of unpaid leave. This can be for your own serious health condition. It can be for bonding with a new child. It can be to care for a spouse, child, or parent with a serious health condition.

Wait, it gets better.

How They Work Together

If you’re covered by both laws, they run at the same time. Your time off counts against both. But you get the most favorable terms from either law.

For example, federal FMLA doesn’t cover in-laws. Wisconsin law does. So if you need to care for your parent-in-law, you can use Wisconsin leave even if federal leave is exhausted.

Wisconsin law also covers domestic partners. Federal law doesn’t. Wisconsin has a lower hours requirement too. You need 1,000 hours instead of 1,250.

This flexibility helps a lot of people.

Health Insurance During Leave

Your employer must maintain your group health insurance during family leave. The same conditions apply as before your leave. If you paid part of the premium before, you pay the same amount during leave. If your employer paid the entire premium, that continues.

For Wisconsin leave, your employer can require you to pay the full premium into an escrow account. This covers up to 8 weeks of coverage. You can pay in installments over 12 months or longer. The employer returns the money plus interest when you leave the company.

Getting Your Job Back

When you return from leave, your employer must reinstate you. If your old position is vacant, you get it back. If it’s filled, you get an equivalent position. This means equivalent pay, benefits, shift, hours, and working conditions.

All employment benefits you earned before leave must be maintained. Your employer cannot take away accrued vacation or seniority.

You’re not alone, this confuses a lot of people.

Breastfeeding Rights

Let’s talk about nursing and pumping at work. The PUMP Act expanded protections in 2023. It covers way more employees than the old law.

You have the right to reasonable break time to pump breast milk. This applies for up to one year after your child’s birth. Your employer must provide a private space that’s not a bathroom. The space must be shielded from view and free from intrusion.

These breaks don’t have to be paid. But if your employer provides paid breaks, you get paid for pumping time that falls within those breaks.

The PUMP Act covers most employees. Teachers, salaried workers, and others left out before are now protected.

Totally normal to need this.

Breastfeeding in Public

Wisconsin law also protects public breastfeeding. You have the right to breastfeed your child in any public or private location. Period. Nobody can legally tell you to stop or move to a different area.

This right is clear and strong.

Infertility Coverage Proposals

Wisconsin lawmakers introduced a bill in 2025 to require health insurance coverage for infertility services. The bill hasn’t passed yet. But it shows growing support for expanding coverage.

If passed, the law would require policies to cover diagnosis and treatment for infertility. This would include at least four completed egg retrievals. It would cover unlimited embryo transfers following certain guidelines.

Wondering if this applies to you? Not yet. Keep an eye on legislative updates.

How to File a Discrimination Complaint

If your employer violates pregnancy discrimination laws, you can file a complaint. You have two options. You can file with the Wisconsin Equal Rights Division. Or you can file with the federal Equal Employment Opportunity Commission.

You have 300 days from the date of discrimination to file. Don’t wait too long. The clock starts when the discriminatory action happened or when you became aware of it.

The Complaint Process

First, you file a complaint form. The Equal Rights Division investigates. They’ll review all the information from both sides. They might ask if you want to settle.

If you don’t settle, the investigator determines if there’s probable cause. This means enough evidence to believe discrimination occurred. If they find probable cause, your case goes to a hearing. An Administrative Law Judge hears both sides under oath.

If discrimination is proven, you can receive back pay, reinstatement, lost benefits, interest, and attorney’s fees. You won’t get punitive damages for emotional pain. But you can be made whole financially.

Not sure what counts as discrimination? Contact the Equal Rights Division for guidance.

Pregnancy Leave vs. Child Rearing Leave

There’s an important distinction here. Childbearing leave is when a doctor determines you’re temporarily disabled by pregnancy or childbirth. This should be handled like any other medical disability leave.

Child rearing leave is different. This is time off to care for your child when you’re not medically disabled. When employers grant child rearing leave, it should be available to both men and women. It should be handled like leave for any other non-medical personal reason.

Makes sense, right?

Frequently Asked Questions

Can my employer ask if I’m pregnant during a job interview?

No. This question is illegal under Wisconsin and federal law. Employers cannot ask questions that apply to only one group of applicants based on protected characteristics.

Do I have to tell my employer I’m pregnant?

No. You’re not required to disclose pregnancy under state or federal law. You can choose when and if to tell your employer.

Can I be fired for being pregnant?

Not legally. Your employer can still fire you for legitimate reasons unrelated to pregnancy. But using pregnancy as the reason for termination is illegal sex discrimination.

How long can I take off for maternity leave in Wisconsin?

It depends on which laws apply to you. Wisconsin FMLA provides up to 6 weeks for birth. Federal FMLA provides up to 12 weeks. If covered by both, they run concurrently, and you get the most favorable terms.

What if my employer has fewer than 15 employees?

You’re still protected by Wisconsin’s Fair Employment Act for discrimination. However, the Pregnant Workers Fairness Act won’t apply. Federal FMLA and Wisconsin FMLA also won’t apply. Check what protections are available under state disability laws.

Final Thoughts

Wisconsin’s pregnancy laws cover a lot of ground. You’ve got abortion rights after that 2025 Supreme Court ruling. You’ve got strong protections against workplace discrimination. You’ve got accommodations under the federal PWFA. And you’ve got both state and federal family leave options.

The key is knowing which laws apply to your situation. If you work for a larger employer, you probably have more protections. Smaller employers still have to follow anti-discrimination rules.

Don’t be afraid to ask questions. Document everything in writing. And if you think your rights have been violated, file a complaint within 300 days.

Most people don’t realize how strict these laws are. Now you know. Stay informed, know your rights, and don’t hesitate to speak up when something doesn’t seem right.

References

1. Wisconsin Supreme Court Decision on 1849 Abortion Law (July 2025) – https://www.npr.org/2025/07/02/nx-s1-5454456/abortion-wisconsin-law-supreme-court
2. Wisconsin Department of Workforce Development: Pregnancy Discrimination – https://dwd.wisconsin.gov/er/civilrights/discrimination/pregnancy.htm
3. Wisconsin Family and Medical Leave Act Information – https://dwd.wisconsin.gov/er/civilrights/fmla/
4. Equal Employment Opportunity Commission: Pregnant Workers Fairness Act – https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act
5. Wisconsin Fair Employment Act (Wis. Stat. §§ 111.31-111.395) – https://dwd.wisconsin.gov/er/civilrights/discrimination/