2017 - 2018 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 113
June 14, 2017 - Offered by Senators
Hansen, Risser, Ringhand, Shilling,
Carpenter and Bewley.
103.08 of the statutes is created to read:
4103.08 Paid leave of absence on Veterans Day. (1)
In this section:
(a) “Employee" means an individual employed in this state by an employer.
(b) “Employer" means a person engaging in any activity, enterprise, or business 7
in this state. “Employer" includes the state and any office, department, independent 8
agency, authority, institution, association, society, or other body in state government 9
created or authorized to be created by the constitution or any law, including the 10
legislature and the courts.
(c) “Veteran" has the meaning given in s. 45.01 (12) (a) to (f).
(a) Subject to par. (b), an employer shall grant to each employee who is a 13
veteran a paid leave of absence on November 11 or, if November 11 falls on a Saturday
or Sunday and the employee is not scheduled to work on November 11, on the 2
following Monday. The leave of absence shall be for the entire workday. If an 3
employee intends to take a leave of absence under this paragraph, the employee 4
shall, in a reasonable and practicable manner, give the employer advance notice of 5
the leave of absence.
(b) 1. For employees whose wages, hours, and conditions of employment are 7
determined under a collective bargaining agreement, par. (a) applies only if the paid 8
leave of absence described in par. (a) is provided under the collective bargaining 9
2. An employer may grant an employee who provides a public safety function 11
a paid leave of absence on a different work day in the month of November if the 12
employer determines that doing so is in the interest of public safety.
An employer may not discharge or discriminate against an employee in 14
promotion, in compensation, or in the terms, conditions, or privileges of employment 15
for taking a paid leave of absence as provided in sub. (2), opposing a practice 16
prohibited under this section, filing a complaint or attempting to enforce any right 17
under this section, or testifying or assisting in any action or proceeding to enforce any 18
right under this section.
An employee who is discharged or discriminated against in violation of sub. 20
(3) may file a complaint with the department, and the department shall process the 21
complaint in the same manner that employment discrimination complaints are 22
processed under s. 111.39. If the department finds that an employer has violated sub. 23
(3), it may order the employer to take such action under s. 111.39 as will effectuate 24
the purpose of this section. Section 111.322 (2m) applies to a discharge or other 25
discriminatory act arising in connection with any proceeding under this subsection.
106.54 (11) of the statutes is created to read:
The division shall receive complaints under s. 103.08 (4) and shall 3
process the complaints in the same manner that employment discrimination 4
complaints are processed under s. 111.39.
111.322 (2m) (a) of the statutes is amended to read:
(a) The individual files a complaint or attempts to enforce any 7
right under s. 103.02, 103.08,
103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 8
103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 9
or 103.64 to 103.82.
111.322 (2m) (b) of the statutes is amended to read:
(b) The individual testifies or assists in any action or proceeding 12
held under or to enforce any right under s. 103.02, 103.08,
103.10, 103.11, 103.13, 13
103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, 14
or ss. 101.58 to 101.599 or 103.64 to 103.82.”.