2017 - 2018 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 113
June 6, 2017 - Offered by Senator
1An Act to amend
111.322 (2m) (a), 111.322 (2m) (b), 230.35 (4) (a) 10., 230.35 (4) 2
(c) and 230.35 (4) (d) (intro.); and to create
103.08, 106.54 (11) and 230.35 (4) 3
(a) 5m. of the statutes; relating to: the establishment of November 11 as a day
4on which the offices of the agencies of state government are closed and a
5requirement that all employers in this state grant a paid leave of absence on
6Veterans Day to employees who are veterans.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
103.08 of the statutes is created to read:
8103.08 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 11
in this state. “Employer" includes the state and any office, department, independent
agency, authority, institution, association, society, or other body in state government 2
created or authorized to be created by the constitution or any law, including the 3
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 6
veteran a paid leave of absence on November 11 or, if November 11 falls on a Saturday 7
or Sunday and the employee is not scheduled to work on November 11, on the 8
following Monday. The leave of absence shall be for the entire workday. If an 9
employee intends to take a leave of absence under this paragraph, the employee 10
shall, in a reasonable and practicable manner, give the employer advance notice of 11
the leave of absence.
(b) For employees whose wages, hours, and conditions of employment are 13
determined under a collective bargaining agreement, par. (a) applies only if the paid 14
leave of absence described in par. (a) is provided under the collective bargaining 15
An employer may not discharge or discriminate against an employee in 17
promotion, in compensation, or in the terms, conditions, or privileges of employment 18
for taking a paid leave of absence as provided in sub. (2), opposing a practice 19
prohibited under this section, filing a complaint or attempting to enforce any right 20
under this section, or testifying or assisting in any action or proceeding to enforce any 21
right under this section.
An employee who is discharged or discriminated against in violation of sub. 23
(3) may file a complaint with the department, and the department shall process the 24
complaint in the same manner that employment discrimination complaints are 25
processed under s. 111.39. If the department finds that an employer has violated sub.
(3), it may order the employer to take such action under s. 111.39 as will effectuate 2
the purpose of this section. Section 111.322 (2m) applies to a discharge or other 3
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 6
process the complaints in the same manner that employment discrimination 7
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 10
right under s. 103.02, 103.08,
103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 11
103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 12
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 15
held under or to enforce any right under s. 103.02, 103.08,
103.10, 103.11, 103.13, 16
103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, 17
or ss. 101.58 to 101.599 or 103.64 to 103.82.
230.35 (4) (a) 5m. of the statutes is created to read:
(a) 5m. November 11.
230.35 (4) (a) 10. of the statutes is amended to read:
(a) 10. The day following if January 1, July 4, November 11,
December 25 falls on Sunday.
230.35 (4) (c) of the statutes is amended to read:
(c) Except as provided in the compensation plan under s. 230.12, all 25
employees except limited term employees shall receive 9 10
paid holidays annually
in addition to any other authorized paid leave, the time to be at the discretion of the 2
230.35 (4) (d) (intro.) of the statutes is amended to read:
(d) (intro.) In addition to the holidays granted under par. (c) and 5
except as provided in the compensation plan under s. 230.12, all employees except 6
limited term employees shall earn 3.5 paid personal holidays each calendar year,
7plus one additional paid personal holiday each calendar year in recognition of
. Eligibility to take the personal holidays during the year earned is 9
subject to the following:
(1) This bill takes effect on the January 1 after publication.