RAC&GMM:cmh:pg
2003 - 2004 LEGISLATURE
February 26, 2003 - Introduced by Senators Decker and Hansen, cosponsored by
Representatives Berceau, Turner, Bies and Zepnick. Referred to Committee
on Labor, Small Business Development and Consumer Affairs.
SB50,1,3 1An Act to create 103.06, 106.54 (8) and 230.45 (1) (n) of the statutes; relating
2to:
requiring that all employers in this state provide employees who are
3veterans a paid leave of absence on Veterans Day.
Analysis by the Legislative Reference Bureau
This bill requires that every public and private employer in this state grant to
each employee who is a veteran a paid leave of absence for the entire workday on
November 11, or on the Monday following if November 11 falls on a Saturday or
Sunday (Veterans Day). Under the bill, for employees who are included in a collective
bargaining unit, the paid leave of absence is granted only if so provided in a collective
bargaining agreement.
The bill prohibits an employer from discharging or discriminating against an
employee in promotion, in compensation, or in the terms, conditions, or privileges of
employment for taking a paid leave of absence on Veterans Day, opposing a discharge
or discrimination in violation of the bill, filing a complaint or attempting to enforce
a right under the bill, or testifying or assisting in any action or proceeding to enforce
a right under the bill. An employee who is discharged or discriminated against in
violation of the bill may file a complaint with the Department of Workforce
Development (DWD) or, in the case of a state employee, the Personnel Commission,
and DWD or the Personnel Commission must process the complaint in the same
manner that employment discrimination complaints are processed under current
law, which processing may include the ordering of back pay, reinstatement, or
compensation in lieu of reinstatement.

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:
SB50, s. 1 1Section 1. 103.06 of the statutes is created to read:
SB50,2,3 2103.06 Paid leave of absence on Veterans Day. (1) In this section,
3"veteran" has the meaning given in s. 45.001 (4).
SB50,2,7 4(2) (a) Subject to par. (b), an employer shall grant to each employee who is a
5veteran a paid leave of absence on November 11, or the Monday following if
6November 11 falls on a Saturday or Sunday. The leave of absence shall be for the
7entire workday.
SB50,2,128 (b) For employees whose wages, hours, and conditions of employment are
9determined in a collective bargaining agreement, par. (a) applies only if the paid
10leave of absence on November 11, or on the Monday following if November 11 falls
11on a Saturday or Sunday, is provided in an applicable collective bargaining
12agreement.
SB50,2,18 13(3) An employer may not discharge or discriminate against an employee in
14promotion, in compensation, or in the terms, conditions, or privileges of employment
15for taking a paid leave of absence as provided in sub. (2), opposing a practice
16prohibited under this section, filing a complaint or attempting to enforce any right
17under this section, or testifying or assisting in any action or proceeding to enforce any
18right under this section.
SB50,3,2 19(4) (a) Subject to par. (b), any employee who is discharged or discriminated
20against in violation of sub. (3) may file a complaint with the department, and the

1department shall process the complaint in the same manner that employment
2discrimination complaints are processed under s. 111.39.
SB50,3,73 (b) Any employee of a state agency, as defined in s. 111.32 (6), who is discharged
4or discriminated against in violation of sub. (3) may file a complaint with the
5personnel commission, and the personnel commission shall process the complaint in
6the same manner that employment discrimination complaints are processed under
7s. 111.39.
SB50, s. 2 8Section 2. 106.54 (8) of the statutes is created to read:
SB50,3,119 106.54 (8) The division shall receive complaints under s. 103.06 (4) (a) and shall
10process the complaints in the same manner that employment discrimination
11complaints are processed under s. 111.39.
SB50, s. 3 12Section 3. 230.45 (1) (n) of the statutes is created to read:
SB50,3,1513 230.45 (1) (n) Receive complaints under s. 103.06 (4) (b) and, except as provided
14in sub. (1m), process the complaints in the same manner that employment
15discrimination complaints are processed under s. 111.39.
SB50, s. 4 16Section 4. Initial applicability.
SB50,3,2017 (1) This act first applies to employees who are covered by a collective bargaining
18agreement that contains provisions inconsistent with this act on the day on which
19the collective bargaining agreement expires or is extended, modified, or renewed,
20whichever occurs first.
SB50,3,2121 (End)
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