LRB-2988/2
GMM:jlg:km
1999 - 2000 LEGISLATURE
September 20, 1999 - Introduced by Representatives Richards, Bock, Berceau,
Colon, Hasenohrl, Plale, Plouff, Pocan
and Ryba, cosponsored by Senators
Grobschmidt, Erpenbach and Plache. Referred to Committee on Labor and
Employment.
AB475,1,5 1An Act to repeal 103.10 (13) (b) 2.; to consolidate, renumber and amend
2103.10 (13) (b) (intro.) and 1.; to amend 103.10 (12) (b) and 103.10 (13) (a); and
3to create 103.10 (12) (e), 103.10 (12) (f) and 103.10 (12) (g) of the statutes;
4relating to: the procedures governing administrative proceedings and civil
5actions under the family and medical leave law.
Analysis by the Legislative Reference Bureau
Under current law, an employer, including the state, that employs at least 50
individuals on a permanent basis must permit an employe to take six weeks of family
leave in a 12-month period and two weeks of medical leave in a 12-month period
(family and medical leave law). Currently, an employe who believes that his or her
employer has violated the family and medical leave law may file a complaint with the
department of workforce development (DWD) within 30 days after the employe knew
or should have known of the violation. This bill extends that time limit to 300 days
after the date of the last event constituting the alleged violation of the family and
medical leave law.
Under current law, a determination by DWD on the issue of whether an
employe has been denied family or medical leave in violation of the family and
medical leave law or has been retaliated against for opposing a practice prohibited
under the family and medical leave law may not be appealed to the labor and
industry review commission (LIRC), but rather may be appealed directly to the
circuit court (judicial review), while a determination by DWD on the issue of whether

an employe has been retaliated against for initiating, testifying in or assisting in a
proceeding under the family and medical leave law may be appealed to LIRC prior
to judicial review. This bill permits a determination by DWD on the issue of whether
an employe has been denied family or medical leave in violation of the family and
medical leave law or has been retaliated against for opposing a practice prohibited
under the family and medical leave law to be appealed to LIRC in the same manner
as an appeal of a determination by DWD on the issue of whether an employe has been
retaliated against for initiating, testifying in or assisting in a proceeding under the
family and medical leave law.
Under current law, an employe or DWD may bring a civil action in circuit court
against an employer to recover damages caused by a violation of the family and
medical leave law. Currently, a civil action under the family and medical leave law
is barred unless commenced within the later of 60 days after the completion of an
administrative proceeding, including judicial review, for the violation or 12 months
after the violation occurred or the employe or DWD reasonably should have known
that the violation occurred. This bill permits an employe or DWD to bring an action
for a violation of the family and medical leave law on behalf of the employe, or on
behalf of the employe and other employes similarly situated. The bill also eliminates
the 12-month period within which an action must be commenced so that an action
must be commenced within 60 days after the completion of administrative
proceedings.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB475, s. 1 1Section 1. 103.10 (12) (b) of the statutes is amended to read:
AB475,3,32 103.10 (12) (b) An employe who believes that his or her employer has violated
3sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employe should
4reasonably have known that the violation occurred, whichever is later,
file a
5complaint with the department alleging the violation. A complaint under this
6paragraph may be filed no later than 300 days after the date of the last event
7constituting the alleged violation for which the complaint is brought.
Except as
8provided in s. 230.45 (1m), the department shall investigate the complaint and shall
9attempt to resolve the complaint by conference, conciliation or persuasion. If the
10complaint is not resolved and the department finds probable cause to believe a

1violation has occurred, the department shall proceed with notice and a hearing on
2the complaint as provided in ch. 227. The hearing shall be held within 60 days after
3the department receives the complaint.
AB475, s. 2 4Section 2. 103.10 (12) (e) of the statutes is created to read:
AB475,3,75 103.10 (12) (e) Any respondent or complainant who is dissatisfied with the
6decision and order of the examiner may file a written petition with the department
7for review by the commission of the decision and order.
AB475, s. 3 8Section 3. 103.10 (12) (f) of the statutes is created to read:
AB475,3,179 103.10 (12) (f) If no petition is filed within 21 days after the date on which the
10department issues its decision and order, the decision and order shall be considered
11final. If a timely petition is filed, the commission, on review, may either affirm,
12reverse or modify the decision and order in whole or in part, or set aside the decision
13and order and remand to the department for further proceedings. Those actions shall
14be based on a review of the evidence submitted. If the commission is satisfied that
15a respondent or complainant has been prejudiced because of exceptional delay in the
16receipt of a copy of the decision and order, the commission may extend for another
1721 days the time for filing the petition with the department.
AB475, s. 4 18Section 4. 103.10 (12) (g) of the statutes is created to read:
AB475,3,2519 103.10 (12) (g) On motion, the commission may set aside, modify or change any
20decision made by the commission, at any time within 28 days after the date of the
21decision if the commission discovers any mistake in the decision, or upon the grounds
22of newly discovered evidence. The commission may on its own motion, for reasons
23it considers sufficient, set aside any final decision of the commission within one year
24after the date of the final decision upon grounds of mistake or newly discovered
25evidence and remand the case to the department for further proceedings.
AB475, s. 5
1Section 5. 103.10 (13) (a) of the statutes is amended to read:
AB475,4,62 103.10 (13) (a) An employe or the department may bring an action in circuit
3court against an employer on behalf of the employe, or on behalf of the employe and
4other employes similarly situated,
to recover damages caused by a violation of sub.
5(11) after the completion of an administrative proceeding, including judicial review,
6concerning the same violation.
AB475, s. 6 7Section 6. 103.10 (13) (b) (intro.) and 1. of the statutes are consolidated,
8renumbered 103.10 (13) (b) and amended to read:
AB475,4,129 103.10 (13) (b) An action under par. (a) shall be commenced within the later
10of the following periods, or be barred: 1. Within
60 days from after the completion
11of an administrative proceeding, including judicial review, concerning the same
12violation, or be barred.
AB475, s. 7 13Section 7. 103.10 (13) (b) 2. of the statutes is repealed.
AB475, s. 8 14Section 8. Initial applicability.
AB475,4,1615 (1) This act first applies to a violation of section 103.10 of the statutes, as
16affected by this act, occurring on the effective date of this subsection.
AB475,4,1717 (End)
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