Register November 2006 No. 611
Chapter DWD 225
FAMILY AND MEDICAL LEAVE
Definitions and scope.
When and how leave taken.
Continuation of insurance.
Time to commence administrative proceedings.
Complainant's duty to respond to correspondence from the department.
Notification of respondent.
Preliminary review of complaints.
Appeal of initial determination of no probable cause.
Private settlement and conciliation.
Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing.
Notice of hearing.
Subpoenas and motions.
Disqualification of the administrative law judge.
Exchange of names of witnesses and copies of exhibits.
Record of hearing.
Decision and order.
Pay status and witness fees for state employee parties and state employee witnesses.
Filing of documents by facsimile transmission or electronic mail.
Ch. DWD 225 Note
Chapter Ind 86 was renumbered chapter ILHR 225 under s. 13.93 (2m) (b) 1., Stats., Register, April, 1996, No. 484
. Chapter ILHR 225 was renumbered chapter DWD 225 under s. 13.93 (2m) (b) 1., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, November, 1997, No. 503
DWD 225.001 Purpose.
The purpose of this chapter is to implement the provisions of s. 103.10
, Stats., providing for family and medical leave for employees in certain cases and prohibiting certain practices by establishing interpretations of the provisions of that section to assist in its implementation.
DWD 225.001 History
Cr. Register, November, 1989, No. 407
, eff. 12-1-89.
“Action prohibited" means one or more actions or inactions prohibited by the act.
“Agency" means any office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.
Christian Science practitioner", “employee", “employer", “employment benefit", “health care provider", “
parent", “serious health condition: and “spouse" have the same definitions as in the act.
“Complainant" means the person who files a complaint alleging that an action prohibited by the act has been committed.
“Days" means calendar days unless the context requires otherwise. When used in time computations in this chapter, “day" means a calendar day, except that if the last day of the time period is a Saturday, Sunday or legal holiday, the last day shall be the next business day.
“Division" means the equal rights division of the Wisconsin department of workforce development.
“Group health insurance coverage" means the entire health insurance package offered by an employer including without limitation medical, dental and vision insurance.
“Person" includes but is not limited to one or more individuals, partnerships, associations, corporations, joint stock or mutual companies, bodies politic or corporate, unincorporated organizations, trusts, legal representatives, trustees or receivers.
“Probable cause" means a reasonable ground for belief, supported by facts and circumstances strong enough in themselves to warrant a prudent person in the belief, that an action prohibited by s. 103.10 (11)
, Stats., probably has been or is being committed.
“Respondent" means the person or agency
alleged to have committed an action prohibited by the act.
The words “a 12-month period," as used in s. 103.10 (3) (a)
and (4) (b)
, Stats., mean a calendar year commencing at 12:01 a.m. on January 1 and ending at midnight on December 31 each year.
The words “a 12-month period", as used in s. 103.10 (9) (c) 2.
, Stats., mean a period of 365 consecutive days commencing with the date the first payment is required by an employer to be paid by an employee pursuant to s. 103.10 (9) (c)
A person engaging in any activity, enterprise or business in this state shall be deemed to be “employing at least 50 individuals on a permanent basis" within the meaning of s. 103.10 (1) (c)
, Stats., if, during at least 6 of the preceding 12 calendar months, with partial months to count as full months, the employer, according to its usual personnel recordkeeping practices as required by ss. DWD 272.11
, actually treated at least 50 individuals as being permanent employees as to the activities, enterprises or businesses of that employer.
A person shall be deemed to have “been employed by the same employer for more than 52 consecutive weeks" within the meaning of s. 103.10 (2) (c)
, Stats., if the person has actually been treated by the employer, according to the usual personnel recordkeeping practices of the employer as required by ss. DWD 272.11
, as an employee during each of those 52 weeks, irrespective of the number of hours worked in those weeks and notwithstanding that the employee may have, in that 52-week period, been off work for one or more weeks on vacation leave, sick leave or other leave, or on layoff, if such vacation leave, sick leave or other leave was granted to the employee by the employer according to a regular practice of granting such leaves, or the layoff was initiated by the employer, and if the employer allowed the employee to return to work at the end of the leave or layoff without having to reapply for employment.
A person shall be deemed to have “worked for the employer for at least 1,000 hours during the preceding 52-week period"within the meaning of s. 103.10 (2) (c)
, Stats., if the number of hours actually worked in that period plus the number of hours for which the employee was paid pursuant to a regular policy of paid vacation leave, sick leave or other paid leave equals at least 1,000 hours.
To the extent that an employer grants leave to an employee for the birth of the employee's natural child in a manner which is no more restrictive than the leave available to that employee under s. 103.10 (3) (b) 1.
, Stats., the leave granted by the employer shall be deemed to be leave available to that employee under s. 103.10 (3) (b) 1.
To the extent that an employer grants leave to an employee for the placement of a child with the employee for adoption or as a precondition for adoption under s. 48.90 (2)
, Stats., in a manner which is no more restrictive than the leave available to that employee under s. 103.10 (3) (b) 2.
, Stats., the leave granted by the employer shall be deemed to be leave available to that employee under s. 103.10 (3) (b) 2.
To the extent that an employer grants leave to an employee to care for the employee's child, spouse or parent in a manner which is no more restrictive than the leave available to that employee under s. 103.10 (3) (b) 3.
, Stats., the leave granted by the employer shall be deemed to be leave available to that employee under s. 103.10 (3) (b) 3.