AB614-ASA1,9,2422
2. No person may discharge or in any manner discriminate against any
23individual because that person believes that the individual has engaged or may
24engage in an activity described in subd. 1.
AB614-ASA1,10,3
1103.10
(11) (d) Notwithstanding pars. (a) to (c), any action taken by an
2employer to comply with
29 USC 2601 to
2654 is not considered to be a violation of
3this section.
AB614-ASA1,10,165
103.10
(12) (b) An employe who believes
that his or her employer has violated
6sub. (11)
(a) or (b) may
, within 30 days after the violation occurs or the employe should
7reasonably have known that the violation occurred, whichever is later, file a
8complaint with the department alleging the violation.
A complaint under this
9subsection may be filed no later than 300 days after the date of the last event
10constituting the alleged violation for which the complaint is brought. Except as
11provided in s. 230.45 (1m), the department shall investigate the complaint and shall
12attempt to resolve the complaint by conference, conciliation or persuasion. If the
13complaint is not resolved and the department finds probable cause to believe a
14violation has occurred, the department shall proceed with notice and a hearing on
15the complaint as provided in ch. 227. The hearing shall be held within 60 days after
16the department receives the complaint.
AB614-ASA1,10,2519
103.10
(12) (d) The department shall issue its decision and order within 30 days
20after the hearing. If the department finds that an employer violated sub. (11)
(a) or
21(b), it may order the employer to take action to remedy the violation, including
22providing requested family leave or medical leave, reinstating an employe,
23promoting an employe, providing back pay
accrued not more than 2 years before the
24complaint was filed and employment benefits to an employe and paying reasonable
25actual attorney fees to the complainant.
AB614-ASA1,11,42
103.10
(12) (e) Any respondent or complainant who is dissatisfied with the
3findings and order of the examiner may file a written petition with the department
4for review by the commission of the findings and order.
AB614-ASA1,11,156
103.10
(12) (f) If no petition is filed within 21 days from the date that a copy
7of the findings and order of the examiner is mailed to the last-known address of the
8respondent, the findings and order shall be considered final. If a timely petition is
9filed, the commission, on review, may either affirm, reverse or modify the findings
10or order in whole or in part, or set aside the findings and order and remand to the
11department for further proceedings. Such actions shall be based on a review of the
12evidence submitted. If the commission is satisfied that a respondent or complainant
13has been prejudiced because of exceptional delay in the receipt of a copy of any
14findings and orders it may extend the time another 21 days for filing the petition with
15the department.
AB614-ASA1,11,2317
103.10
(12) (g) On motion, the commission may set aside, modify or change any
18decision made by the commission, at any time within 28 days from the date thereof
19if it discovers any mistake therein, or upon the grounds of newly discovered evidence.
20The commission may on its own motion, for reasons it considers sufficient, set aside
21any final decision of the commission within one year after the date thereof upon
22grounds of mistake or newly discovered evidence, and remand the case to the
23department for further proceedings.
AB614-ASA1,12,5
1103.10
(13) (a) An employe or the department may bring an action in circuit
2court against an employer
on behalf of the employe, or on behalf of the employe and
3other employes similarly situated, to recover damages
, as described in par. (c), 4caused by a violation of sub. (11) after the completion of an administrative
5proceeding, including judicial review, concerning the same violation.
AB614-ASA1, s. 50
6Section
50. 103.10 (13) (b) (intro.) and 1. of the statutes are consolidated,
7renumbered 103.10 (13) (b) and amended to read:
AB614-ASA1,12,118
103.10
(13) (b) An action under par. (a) shall be commenced within
the later
9of the following periods, or be barred: 1. Within 60 days
from after the completion
10of an administrative proceeding, including judicial review, concerning the same
11violation
, or be barred.
AB614-ASA1,12,1914
103.10
(13) (c) If a circuit court finds that an employer has violated sub. (11),
15it may order the employer to take action to remedy the violation, including providing
16requested family leave or medical leave, reinstating an employe, promoting an
17employe and paying reasonable actual attorney fees to the complainant,
18notwithstanding s. 814.04 (1), and to pay all of the following damages to the affected
19employe:
AB614-ASA1,12,2520
1. Damages equal to the amount of any wages, salary, employment benefits or
21other compensation that was denied to or lost by the employe because of the violation
22or, if the employe has not lost or been denied any wages, salary, employment benefits
23or other compensation, any actual monetary losses sustained by the employe as a
24direct result of the violation up to a sum equal to 12 weeks of wages or salary for the
25employe.
AB614-ASA1,13,6
12. As liquidated damages, an amount equal to the damages described in subd.
21., except that the court may reduce the amount of damages that the employer is
3liable for to the amount described in subd. 1. if the employer shows that the act or
4omission that was in violation of sub. (11) was in good faith and that the employer
5had reasonable grounds to believe that the act or omission was not a violation of sub.
6(11).
AB614-ASA1, s. 53
7Section
53. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and
8amended to read:
AB614-ASA1,13,169
103.10
(14) Notice posted. Each employer shall post, in
one or more 10conspicuous places
on the employer's premises where notices to employes
and
11applicants for employment are customarily posted, a notice in a form
prepared or 12approved by the department setting forth
employes' rights under this section 13excerpts from, or summaries of, the pertinent provisions of this section and
14information relating to the filing of a complaint under sub. (12) or a civil action under
15sub. (13). Any employer who
wilfully violates this subsection shall forfeit not more
16than $100 for each offense.
AB614-ASA1,13,2119
103.10
(15) Local ordinances. A county, city, village or town may enact an
20ordinance that provides employes with rights to family leave or medical leave that
21are more generous to the employe than the rights provided under this section.
AB614-ASA1,13,2523
103.10
(16) Rules. The department shall promulgate rules to implement this
24section. Those rules shall conform to
29 CFR 825 to the extent that
29 CFR 825 is
25consistent with this section.
AB614-ASA1,14,42
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
3right under s. 103.02,
103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03
4or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB614-ASA1,14,86
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
7held under or to enforce any right under s. 103.02,
103.10, 103.13, 103.28, 103.32,
8103.455, 103.50, 104.12, 109.03 or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB614-ASA1,14,2111
252.17
(4) (a) Except as provided in
pars. (b) and (c) par. (b), if an individual
12satisfies sub. (3), the department shall pay the amount of each premium payment for
13coverage under the group health plan under sub. (3) (d) that is due from the
14individual on or after the date on which the individual becomes eligible for a subsidy
15under sub. (3). The department may not refuse to pay the full amount of the
16individual's contribution to each premium payment because the coverage that is
17provided to the individual who satisfies sub. (3) includes coverage of the individual's
18spouse and dependents. Except as provided in par. (b), the department shall
19terminate the payments under this section when the individual's unpaid medical
20leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of
2129 months after the unpaid medical leave began, whichever occurs first.
AB614-ASA1,15,424
632.897
(6) If the terminated insured elects to continue group coverage as
25provided in this section, the insurer may require conversion to individual coverage
1by the terminated insured and his or her spouse and dependents 18 months after the
2terminated insured elects the group coverage
except as provided in s. 103.10 (9) (d).
3The conditions, rights and procedures governing conversion under sub. (4) (a) apply
4to this conversion.
AB614-ASA1,15,10
6(1) This act first applies to an employe, as defined in section 103.10 (1) (b) of
7the statutes, who is covered under a collective bargaining agreement on the effective
8date of this subsection on the day after the collective bargaining agreement expires
9or on the day that the collective bargaining agreement is extended, modified or
10renewed.
AB614-ASA1,15,13
12(1)
This act takes effect on the first day of the 6th month beginning after
13publication.
