AB572,18,137 2. Subdivision 1. does not preclude a person who has chosen not to file a
8complaint with the adjutant general under par. (a), whose complaint the adjutant
9general has refused to endeavor to resolve under par. (a), or who has chosen not to
10request the adjutant general to refer his or her complaint to counsel under subd. 1.
11from filing a complaint for appropriate relief with the department of workforce
12development or, if the person is an employee of a state agency, with the personnel
13commission.
AB572,18,1614 3. The department of workforce development or the personnel commission shall
15process a complaint filed under subd. 1. or 2. in the same manner that employment
16discrimination complaints are processed under s. 111.39.
AB572,18,2017 (c) Retaliation prohibited. An employer may not discharge or otherwise
18discriminate against any person for filing a complaint or attempting to enforce a
19right provided under this section or for testifying or assisting in any action or
20proceeding to enforce a right provided under this section.
AB572,19,221 (d) Remedies. If the department of workforce development or the personnel
22commission finds that an employer has failed or refused, or is about to fail or refuse,
23to provide any reemployment right or benefit to which a person is entitled under this
24section or has discharged or otherwise discriminated against any person in violation

1of par. (c), the department of workforce development or the personnel commission
2may order the employer to do any one or more of the following:
AB572,19,43 1. Take such action as will fully vindicate the rights and benefits of the person
4under this section.
AB572,19,75 2. Compensate the person for any loss of wages, salary, or other benefits
6suffered because of the failure or refusal to provide reemployment rights or benefits
7under this section or the discharge or other discrimination.
AB572,19,128 3. Pay the person, as liquidated damages, an amount that is equal to the
9amount ordered under subd. 2. if the department of workforce development or the
10personnel commission finds that the failure or refusal to provide reemployment
11rights or benefits under this section or the discharge or other discrimination was
12willful.
AB572,19,1413 4. Pay the person costs and reasonable actual attorney fees, if the person is not
14represented by counsel appointed under par. (b) 1.
AB572,19,16 15(8) Rules. The department of military affairs shall promulgate rules
16implementing this section.
AB572, s. 2 17Section 2. 106.54 (7) of the statutes is created to read:
AB572,19,2018 106.54 (7) The division shall receive complaints under s. 21.80 (7) (b) 1. or 2.
19and shall process the complaints in the same manner that employment
20discrimination complaints are processed under s. 111.39.
AB572, s. 3 21Section 3. 111.91 (2) (gm) of the statutes is created to read:
AB572,19,2222 111.91 (2) (gm) Reemployment rights of employees under s. 230.32 (7).
AB572, s. 4 23Section 4. 230.32 (7) of the statutes is created to read:
AB572,20,3
1230.32 (7) Any employee who is absent from state service because the employee
2is in active service, as defined in s. 21.80 (1) (a), is entitled to all reemployment rights
3and benefits provided under s. 21.80.
AB572, s. 5 4Section 5. 230.45 (1) (m) of the statutes is created to read:
AB572,20,75 230.45 (1) (m) Receive complaints under s. 21.80 (7) (b) 1. or 2. and, except as
6provided in sub. (1m), process the complaints in the same manner that employment
7discrimination complaints are processed under s. 111.39.
AB572, s. 6 8Section 6 . Nonstatutory provisions.
AB572,20,189 (1) Emergency rules. Using the procedure under section 227.24 of the statutes,
10the department of military affairs shall promulgate the rules required under section
1121.80 (8) of the statutes, as created by this act, for the period before the effective date
12of the permanent rules promulgated under section 21.80 (8) of the statutes, as
13created by this act, but not to exceed the period authorized under section 227.24 (1)
14(c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of
15the statutes, the department of military affairs is not required to provide evidence
16that promulgating a rule under this subsection as an emergency rule is necessary for
17the preservation of the public peace, health, safety, or welfare and is not required to
18provide a finding of emergency for a rule promulgated under this subsection.
AB572,20,1919 (2) Transitional provisions; persons in active service on effective date.
AB572,20,2420 (a) Reemployment. A person who is performing active service, as defined in
21section 21.80 (1) (a) of the statutes, as created by this act, on the effective date of this
22paragraph is entitled to the reemployment rights and benefits provided in section
2321.80 of the statutes, as created by this act, if, subject to section 21.80 (3) (d) of the
24statutes, as created by this act, all of the following apply:
AB572,21,5
11. The person or an appropriate officer in the national guard or the state
2defense force has given advanced notice of the active service to the person's employer,
3unless the giving of that notice was precluded by military necessity or was otherwise
4impossible or unreasonable as described in section 21.80 (3) (b) of the statutes, as
5created by this act.
AB572,21,10 62. The cumulative length of all absences from a position of employment with
7the employer by reason of active service or service in the uniformed services, as
8defined in 38 USC 4303 (13), whether before or after the effective date of this
9subdivision, does not exceed 5 years, except as provided in section 21.80 (3) (c) of the
10statutes, as created by this act.
AB572,21,14 113. The person reports to the employer as required under section 21.80 (3) (e)
121. of the statutes, as created by this act, or applies for reemployment under section
1321.80 (3) (e) 2. or 3. of the statues, as created by this act, whichever is applicable, on
14or after the effective date of this subdivision.
AB572,21,16 154. The person's service in the national guard or the state defense force has not
16been terminated under other than honorable conditions.
AB572,22,217 (b) Health coverage. A person who is performing active service, as defined in
18section 21.80 (1) (a) of the statutes, as created by this act, on the effective date of this
19paragraph or a dependent or personal representative of the person may elect to
20continue coverage under a health benefit plan, as defined in section 632.745 (11) of
21the statutes, as provided in section 21.80 (6) (a) of the statutes, as created by this act.
22If such an election is made, the health benefit plan shall remain in effect for the
23remaining portion of the 18-month period that began when the person left
24employment to perform active service or until the day after the date on which the

1person is required under section 21.80 (3) (e) of the statutes, as created by this act,
2to report to the employer or apply for reemployment, whichever occurs first.
AB572, s. 7 3Section 7. Initial applicability.
AB572,22,94 (1) Continuation of benefits. The treatment of section 21.80 (5) (b) 1. to 4. of
5the statutes first applies to a person who is performing active service, as defined in
6section 21.80 (1) (a) of the statutes, as created by this act, on the effective date of this
7subsection, except that the treatment of section 21.80 (5) (b) 2. of the statutes first
8applies to a person who leaves a position of employment to perform active service on
9the effective date of this subsection.
AB572,22,1210 (2) Health coverage. Subject to Section 6 (2) (b ) of this act, the treatment of
11section 21.80 (6) of the statutes first applies to a person who leaves a position of
12employment to perform active service on the effective date of this subsection.
AB572,22,1313 (End)
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