103.005(20)
(20) The department of industry, labor and job development shall establish a procedure for that department to provide to the state public defender and the department of administration any information that the department of industry, labor and job development may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under
s. 48.275 (2),
757.66,
973.06 (1) (e) or
977.076 (1).
103.01(1)(a)(a) "Employer" means every person having control or custody of any employment or place of employment.
103.01(1)(b)
(b) "Employer" includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
103.01(2)
(2) "Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade or occupation in which any person may be engaged, or for any place of employment.
103.01(3)
(3) "Place of employment" means any manufactory, mechanical or mercantile establishment, beauty parlor, laundry, restaurant, confectionary store, or telegraph or telecommunications office or exchange, any express or transportation establishment or any hotel.
103.02
103.02
Hours of labor. No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person's life, health, safety or welfare. The department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of
ss. 103.01 to
103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made as provided in
s. 103.005 and the penalties under
s. 103.005 (12) shall apply to and be imposed for any violation of
ss. 103.01 to
103.03. Such orders shall be subject to review in the manner provided in
ch. 227.
Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.
103.02 Annotation
Section 103.02, Stats. 1969, and administrative rules limiting the maximum hours women may work are superseded by provisions of the Civil Rights Act of 1964 as to employers covered by that act, but other employers remain subject to the state law. 59 Atty. Gen. 114.
103.02 Annotation
Violation of public policy expressed by this section is grounds for wrongful discharge action. Wilcox v. Niagra of Wisconsin Paper Corp. 965 F (2d) 355 (1992).
103.025
103.025
Hours of labor; compensatory time. 103.025(1)(a)
(a) "Compensatory time" means hours during which an employe is not working, which are not counted as hours worked during the workweek or other work period classified by the department by rule promulgated under
s. 103.02 for purposes of calculating overtime compensation, and for which the employe is compensated at the employe's regular rate of pay.
103.025(1)(c)
(c) "Overtime compensation" means the compensation required to be paid for hours worked during periods that the department has classified, by rule promulgated under
s. 103.02, as periods to be paid for at the rate of at least 1.5 times an employe's regular rate of pay.
103.025(2)
(2) An employer described in
s. 103.01 (1) (b) may provide an employe, in lieu of overtime compensation, compensatory time off as permitted under
29 USC 207 (o), as amended to April 15, 1986.
103.025 History
History: 1993 a. 144.
103.03
103.03
Violations; penalty. The employment of any person in any employment or place of employment at any time other than the permissible hours of labor shall be prima facie evidence of a violation of this section. Every day for each person employed, and every week for each person employed, during which any employer fails to observe or to comply with any order of the department, or to perform any duty enjoined by
ss. 103.01 to
103.03, shall constitute a separate offense.
103.03 History
History: 1975 c. 94; Stats. s. 103.03.
103.04
103.04
Labor and industry review commission. 103.04(2)
(2) Notwithstanding
s. 227.11, the commission may not promulgate rules except that it may promulgate its rules of procedure.
103.04(3)
(3) The commission may employ professional and other persons to assist in the execution of its duties.
103.10
103.10
Family or medical leave. 103.10(1)(a)
(a) "Child" means a natural, adopted, foster or treatment foster child, a stepchild or a legal ward to whom any of the following applies:
103.10(1)(a)2.
2. The individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition.
103.10(1)(am)
(am) "Christian Science practitioner" means a Christian Science practitioner residing in this state who is listed as a practitioner in the Christian Science journal.
103.10(1)(b)
(b) "Employe" means an individual employed in this state by an employer, except the employer's parent, spouse or child.
103.10(1)(c)
(c) Except as provided in
sub. (14) (b), "employer" means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis. "Employer" includes the state and 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.
103.10(1)(d)
(d) "Employment benefit" means an insurance, leave or retirement benefit which an employer makes available to an employe.
103.10(1)(f)
(f) "Parent" means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employe or an employe's spouse.
103.10(1)(g)
(g) "Serious health condition" means a disabling physical or mental illness, injury, impairment or condition involving any of the following:
103.10(1)(g)2.
2. Outpatient care that requires continuing treatment or supervision by a health care provider.
103.10(1)(h)
(h) "Spouse" means an employe's legal husband or wife.
103.10(2)(a)(a) Nothing in this section prohibits an employer from providing employes with rights to family leave or medical leave which are more generous to the employe than the rights provided under this section.
103.10(2)(b)
(b) This section does not limit or diminish an employe's rights or benefits under
ch. 102.
103.10(2)(c)
(c) This section only applies to an employe who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 hours during the preceding 52-week period.
103.10(3)(a)1.1. In a 12-month period no employe may take more than 6 weeks of family leave under
par. (b) 1. and
2.
103.10(3)(a)2.
2. In a 12-month period no employe may take more than 2 weeks of family leave for the reasons specified under
par. (b) 3.
103.10(3)(a)3.
3. In a 12-month period no employe may take more than 8 weeks of family leave for any combination of reasons specified under
par. (b).
103.10(3)(b)
(b) An employe may take family leave for any of the following reasons:
103.10(3)(b)1.
1. The birth of the employe's natural child, if the leave begins within 16 weeks of the child's birth.
103.10(3)(b)2.
2. The placement of a child with the employe for adoption or as a precondition to adoption under
s. 48.90 (2), but not both, if the leave begins within 16 weeks of the child's placement.
103.10(3)(b)3.
3. To care for the employe's child, spouse or parent, if the child, spouse or parent has a serious health condition.
103.10(3)(c)
(c) Except as provided in
par. (d), an employe shall schedule family leave after reasonably considering the needs of his or her employer.
103.10(3)(d)
(d) An employe may take family leave as partial absence from employment. An employe who does so shall schedule all partial absence so it does not unduly disrupt the employer's operations.
103.10(4)(a)(a) Subject to
pars. (b) and
(c), an employe who has a serious health condition which makes the employe unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties.
103.10(4)(b)
(b) No employe may take more than 2 weeks of medical leave during a 12-month period.
103.10(4)(c)
(c) An employe may schedule medical leave as medically necessary.
103.10(5)
(5) Payment for and restrictions upon leave. 103.10(5)(a)(a) This section does not entitle an employe to receive wages or salary while taking family leave or medical leave.
103.10(5)(b)
(b) An employe may substitute, for portions of family leave or medical leave, paid or unpaid leave of any other type provided by the employer.
103.10(6)(a)(a) If an employe intends to take family leave for the reasons in
sub. (3) (b) 1. or
2., the employe shall, in a reasonable and practicable manner, give the employer advance notice of the expected birth or placement.
103.10(6)(b)
(b) If an employe intends to take family leave because of the planned medical treatment or supervision of a child, spouse or parent or intends to take medical leave because of the planned medical treatment or supervision of the employe, the employe shall do all of the following:
103.10(6)(b)1.
1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, parent or employe.
103.10(6)(b)2.
2. Give the employer advance notice of the medical treatment or supervision in a reasonable and practicable manner.
103.10(7)(a)(a) If an employe requests family leave for a reason described in
sub. (3) (b) 3. or requests medical leave, the employer may require the employe to provide certification, as described in
par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, parent or employe, whichever is appropriate.
103.10(7)(b)
(b) No employer may require certification stating more than the following:
103.10(7)(b)1.
1. That the child, spouse, parent or employe has a serious health condition.
103.10(7)(b)2.
2. The date the serious health condition commenced and its probable duration.
103.10(7)(b)3.
3. Within the knowledge of the health care provider or Christian Science practitioner, the medical facts regarding the serious health condition.
103.10(7)(b)4.
4. If the employe requests medical leave, an explanation of the extent to which the employe is unable to perform his or her employment duties.
103.10(7)(c)
(c) The employer may require the employe to obtain the opinion of a 2nd health care provider, chosen and paid for by the employer, concerning any information certified under
par. (b).
103.10(8)
(8) Position upon return from leave. 103.10(8)(a)(a) Subject to
par. (c), when an employe returns from family leave or medical leave, his or her employer shall immediately place the employe in an employment position as follows:
103.10(8)(a)1.
1. If the employment position which the employe held immediately before the family leave or medical leave began is vacant when the employe returns, in that position.
103.10(8)(a)2.
2. If the employment position which the employe held immediately before the family leave or medical leave began is not vacant when the employe returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment and other terms and conditions of employment.
103.10(8)(b)
(b) No employer may, because an employe received family leave or medical leave, reduce or deny an employment benefit which accrued to the employe before his or her leave began or, consistent with
sub. (9), accrued after his or her leave began.
103.10(8)(c)
(c) Notwithstanding
par. (a), if an employe on a medical or family leave wishes to return to work before the end of the leave as scheduled, the employer shall place the employe in an employment position of the type described in
par. (a) 1. or
2. within a reasonable time not exceeding the duration of the leave as scheduled.
103.10(9)
(9) Employment right, benefit or position. 103.10(9)(a)(a) Except as provided in
par. (b), nothing in this section entitles a returning employe to a right, employment benefit or employment position to which the employe would not have been entitled had he or she not taken family leave or medical leave or to the accrual of any seniority or employment benefit during a period of family leave or medical leave.
103.10(9)(b)
(b) Subject to
par. (c), during a period an employe takes family leave or medical leave, his or her employer shall maintain group health insurance coverage under the conditions that applied immediately before the family leave or medical leave began. If the employe continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employe had not taken the family leave or medical leave.
103.10(9)(c)1.1. An employer may require an employe to have in escrow with the employer an amount equal to the entire premium or similar expense for 8 weeks of the employe's group health insurance coverage, if coverage is required under
par. (b).
103.10(9)(c)2.
2. An employe may pay the amount required under
subd. 1. in equal instalments at regular intervals over at least a 12-month period. An employer shall deposit the payments at a financial institution in an interest-bearing account.
