AB400,73,17
3(2) The service of any person who is or was restored to a position in accordance
4with sub. (1) shall be considered not to be interrupted by the absence, except for the
5receipt of pay or other compensation for the period of the absence and he or she shall
6be entitled to participate in insurance, pensions, retirement plans, or other benefits
7offered by the employer under established rules and practices relating to employees
8on furlough or leave of absence in effect with the employer at the time the person
9entered or was enlisted, inducted, or ordered into
the forces and service federal active
10duty or federal government service. The person whose position was restored may not
11be discharged from the position without cause within one year after restoration and
12the discharge is subject to all federal or state laws affecting any private employment
13and to the provisions of contracts that may exist between employer and employee.
14Each
county, town, city, or village political subdivision shall contribute or pay all
15contributions of the employer to the applicable and existent pension, annuity, or
16retirement system as though the service of the employee had not been interrupted
17by
military service federal active duty or federal government service.
AB400,73,21
18(4) No person who is appointed in the service of the state or of any
county, city,
19village, or town political subdivision to fill the place of a person entering
service in
20the U.S. armed forces federal active duty or federal government service under sub.
21(1) shall acquire permanent tenure during the period of that replacement service.
AB400, s. 176
22Section
176. 21.80 (title) and (1) (intro.) of the statutes are renumbered 321.65
23(title) and (1) (intro.).
AB400, s. 177
24Section
177. 21.80 (1) (a) of the statutes is renumbered 321.65 (1) (a), and
25321.65 (1) (a) (intro.), 1. and 3., as renumbered, are amended to read:
AB400,74,1
1321.65
(1) (a) (intro.) "Active
state service" means any of the following:
AB400,74,52
1.
Active service in the national guard or the state defense force under an order
3of the governor issued under this chapter State active duty or active
service duty in
4the national guard under
32 USC 502 (f)
that is not considered to be service in the 5uniformed services.
AB400,74,76
3. Active
service duty in the national guard
of any state under an order of the
7governor of that state.
AB400, s. 178
8Section
178. 21.80 (1) (b) to (e) of the statutes are renumbered 321.65 (1) (b)
9to (e).
AB400, s. 179
10Section
179. 21.80 (1) (f) of the statutes is repealed.
AB400, s. 180
11Section
180. 21.80 (1) (g) of the statutes is renumbered 321.65 (1) (f).
AB400, s. 181
12Section
181. 21.80 (2) of the statutes is renumbered 321.65 (2) and amended
13to read:
AB400,74,1714
321.65
(2) More generous rights permitted. Nothing in this section prohibits
15an employer from providing employees who are
called
ordered into active
state 16service with reemployment rights and benefits that are more generous to the
17employee than the rights and benefits provided under this section.
AB400, s. 182
18Section
182. 21.80 (3) of the statutes is renumbered 321.65 (3), and 321.65 (3)
19(a) (intro.), 1., 2. and 4., (c), (d) 2., (e) 1., 2. and 3., (f) 1. and (h), as renumbered, are
20amended to read:
AB400,74,2421
321.65
(3) (a)
Prerequisites. (intro.) Subject to par. (d), any person who is a
22resident of this state and absent from a position of employment because of active
23state service is entitled to the reemployment rights and benefits specified in this
24section if all of the following apply:
AB400,75,3
11. Except as provided in par. (b), the person or an appropriate officer in the
2national guard of this or another state or the state defense force has given advanced
3notice of the active
state service to the person's employer.
AB400,75,74
2. Except as provided in par. (c), the cumulative length of the absence from the
5position of employment and of all previous absences from a position of employment
6with the employer by reason of active
state service or
service in the uniformed
7services federal active duty does not exceed 5 years.
AB400,75,108
4. In the case of active
state service in the national guard in this or another state
9or the state defense force, the active
state service has not been terminated under
10other than honorable conditions.
AB400,75,1411
(c)
Length of absence limit. The periods of
service in the uniformed services 12federal active duty described in
38 USC 4312 (c) (1) to (4) and all of the following
13periods of active
state service are not included in calculating the 5-year period
14specified in par. (a) 2.:
AB400,75,1715
1. Any period of active
state service
, as defined in sub. (1) (a) 1., beyond that
165-year period that is required to complete an initial period of obligated active
state 17service.
AB400,75,2118
2. Any period of active
state service
, as defined in sub. (1) (a) 1., for which the
19person, through no fault of the person's own, was unable to obtain orders releasing
20the person from a period of active
state service before the expiration of the 5-year
21period.
AB400,76,222
3. Any period of active
state service
, as defined in sub. (1) (a) 1., that was
23performed to fulfill any additional training requirements determined and certified
24in writing by the federal secretary of the army, the federal secretary of the air force,
1or the adjutant general to be necessary for professional development or for
2completion of skill training or retraining.
AB400,76,93
4. Any period of active
state service that was performed by a person who was
4ordered to, or retained in, active
state service, other than for training, because of a
5state emergency declared by the governor, because of a war or national emergency
6declared by the president of the United States or Congress, because of insurrection,
7rebellion, riot, invasion, or resistance to the execution of the laws of this state or of
8the United States, or in support of an operational mission, a critical mission, or any
9other requirement of the
uniformed services U.S. armed forces.
AB400,76,1310
(d) 2. The position of employment that the person left to perform active
state 11service was for a brief, nonrecurrent period and there was no reasonable expectation
12that the position of employment would continue indefinitely or for a significant
13period of time.
AB400,77,614
(e) 1. Subject to subds. 4. and 5., if a person who has been absent from a position
15of employment because of active
state service that lasted for less than 31 days, who
16has been absent from a position of employment for any period of time for the purpose
17of an examination to determine the person's fitness to perform active
state service,
18or who has been absent from a position of employment because the person was
19hospitalized for or was convalescing from an illness or injury that was incurred in
20or aggravated during the performance of that active
state service wishes to receive
21the reemployment rights and benefits specified in this section, the person must
22notify the person's employer of the person's intent to return to the position of
23employment by reporting to the employer by no later than the beginning of the first
24full regularly-scheduled work period on the first full calendar day following the
25completion of the active
state service, examination, or period of hospitalization or
1convalescence, a period of time that allows for the safe transportation of the person
2from the place of active
state service, examination, hospitalization, or convalescence
3to the person's residence, and a rest period of 8 hours following that transportation
4period or, if through no fault of the person's own reporting to the employer within that
5time is impossible or unreasonable, by reporting to the employer as soon as possible
6after that 8-hour rest period.
AB400,77,197
2. Subject to subds. 4. and 5., if a person who has been absent from a position
8of employment because of active
state service that lasted for more than 30 days, but
9less than 181 days, or who has been absent from a position of employment because
10the person was hospitalized for or was convalescing from an illness or injury that was
11incurred in or aggravated during the performance of that active
state service wishes
12to receive the reemployment rights and benefits specified in this section, the person
13must notify the person's employer of the person's intent to return to the position of
14employment by submitting to the employer an application for reemployment by no
15later than 14 days after the completion of the active
state service, hospitalization, or
16convalescence or, if through no fault of the person's own submitting the application
17within that time is impossible or unreasonable, by submitting to the employer an
18application for reemployment by no later than the first full calendar day on which
19submission of the application becomes possible.
AB400,78,720
3. Subject to subds. 4. and 5., if a person who has been absent from a position
21of employment because of active
state service that lasted for more than 180 days or
22who has been absent from a position of employment because the person was
23hospitalized for or was convalescing from an illness or injury that was incurred in
24or aggravated during the performance of that active
state service wishes to receive
25the reemployment rights and benefits specified in this section, the person must
1notify the person's employer of the person's intent to return to the position of
2employment by submitting to the employer an application for reemployment by no
3later than 90 days after the completion of the active
state service, hospitalization, or
4convalescence or, if through no fault of the person's own submitting the application
5within that time is impossible or unreasonable, by submitting to the employer an
6application for reemployment by no later than the first full calendar day on which
7submission of the application becomes possible.
AB400,78,168
(f) 1. A person who submits an application for reemployment under par. (e) 2.
9or 3. must, on the request of the person's employer, provide to the employer
10documentation to establish that the application was submitted within the time
11limits specified in par. (e) 2. or 3., that the person's cumulative length of all absences
12from employment with the employer because of active
state service
or service in the
13uniformed services and federal active duty does not, except as permitted under par.
14(c), exceed 5 years, and, in the case of active
state service in the national guard
in this
15or another state or the state defense force, that the person's service was not
16terminated under other than honorable conditions.
AB400,78,2117
(h)
Prohibited bases for denial of reemployment. In determining a person's
18right to reemployment and other benefits under this section, an employer may not
19deny reemployment or any other benefits based on the timing, frequency, duration,
20or nature of the person' s active
state service or
service in the uniformed services 21federal active duty so long as the requirements under par. (a) are met.
AB400, s. 183
22Section
183. 21.80 (4) of the statutes is renumbered 321.65 (4), and 321.65 (4)
23(a), as renumbered, is amended to read:
AB400,79,924
321.65
(4) (a)
Prompt reemployment required. 1. Subject to subds. 3. and 4. and
25par. (b), an employer shall reemploy a person who is entitled to reemployment under
1sub. (3) and whose period of active
state service was for less than 91 days promptly
2on completion of that period of active
state service in the position of employment in
3which the person would have been employed if the continuous employment of the
4person with the employer had not been interrupted by that active
state service so
5long as the person is qualified to perform the duties of that position or, if after
6reasonable efforts by the employer to qualify the person to perform those duties the
7person is not qualified to perform those duties, in the position of employment in
8which the person was employed on the date on which the person's period of active
9state service began.
AB400,79,2110
2. Subject to subds. 3. and 4. and par. (b), an employer shall reemploy a person
11who is entitled to reemployment under sub. (3) and whose period of active
state 12service was for more than 90 days promptly on completion of that period of active
13state service in the position of employment in which the person would have been
14employed if the continuous employment of the person with the employer had not been
15interrupted by that active
state service or in a position of employment of like
16seniority, status, and pay so long as the person is qualified to perform the duties of
17that position or, if after reasonable efforts by the employer to qualify the person to
18perform those duties the person is not qualified to perform those duties, in the
19position of employment in which the person was employed on the date on which the
20person's period of active
state service began or in a position of employment of like
21seniority, status, and pay.
AB400,80,922
3. Subject to par. (b), in the case of a person who has a disability that was
23incurred in or aggravated during a period of active
state service and who, after
24reasonable efforts by the employer to accommodate the disability, is not qualified due
25to the disability to perform the duties of the position of employment in which the
1person would have been employed if the continuous employment of the person with
2the employer had not been interrupted by the active
state service, the employer shall
3reemploy the person promptly on completion of that period of active
state service in
4any other position that is equivalent to that position in seniority, status, and pay, the
5duties of which the person is qualified to perform or would become qualified to
6perform with reasonable efforts by the employer, or, if there is no other position of
7employment available that is equivalent to that position in seniority, status, and pay,
8in a position that is the nearest approximation to that equivalent position in terms
9of seniority, status, and pay, consistent with the person's circumstances.
AB400,81,210
4. Subject to par. (b), in the case of a person who is not qualified to be employed
11in the position of employment in which the person would have been employed if the
12continuous employment of the person with the employer had not been interrupted
13by the person's active
state service or in the position of employment in which the
14person was employed on the date on which the person's period of active
state service
15began for any reason other than disability incurred in or aggravated during a period
16of active
state service and who cannot become qualified to be so employed with
17reasonable efforts by the employer, the employer shall reemploy the person promptly
18on completion of that period of active
state service in any other position that the
19person is qualified to perform and that is the nearest approximation to the position
20of employment in which the person would have been employed if the continuous
21employment of the person with the employer had not been interrupted by that active
22state service, with full seniority, or if no position of employment that is the nearest
23approximation to that position is available, in a position of employment that the
24person is qualified to perform and that is the nearest approximation to the position
1of employment in which the person was employed on the date on which the person's
2period of active
state service began, with full seniority.
AB400, s. 184
3Section
184. 21.80 (5) of the statutes is renumbered 321.65 (5) and amended
4to read:
AB400,81,115
321.65
(5) Rights, benefits, and obligations. (a)
Seniority. A person who is
6reemployed under this section is entitled to the seniority and other rights and
7benefits determined by seniority that the person had on the last day of employment
8before the person's active
state service began, plus all seniority and other rights and
9benefits determined by seniority that the person would have had if the continuous
10employment of the person with the employer had not been interrupted by that active
11state service.
AB400,81,1912
(b)
Continuation of benefits. 1. Subject to subds. 2. to 5., a person who is absent
13from employment because of active
state service is considered to be on furlough or
14leave of absence while performing the active
state service and is entitled to receive
15all rights and benefits not determined by seniority that are generally provided by the
16employer to employees having similar seniority, status, and pay who are on furlough
17or leave of absence under a contract, agreement, policy, practice, or plan that is in
18effect on the day on which the active
state service began or that is established while
19the person is performing the active
state service.
AB400,82,220
2. If an employer shows that a person who is absent from a position of
21employment because of active
state service has knowingly provided written notice
22of the person's intent not to return to a position of employment with the employer
23after that active
state service and, in doing so, was aware of the specific rights and
24benefits under subd. 1. that the person would lose while absent from the position of
1employment, the person is not entitled to the rights and benefits specified in subd.
21. while absent from employment.
AB400,82,63
3. A person who is considered to be on furlough or leave of absence under subd.
41. while performing active
state service is not entitled to any benefit to which the
5person would not otherwise be entitled if the person had remained continuously
6employed.
AB400,82,107
4. An employer may require a person who is considered to be on furlough or
8leave of absence under subd. 1. while performing active
state service to pay the
9employee cost, if any, of any benefit that is continued under subd. 1. to the same
10extent that other employees who are on furlough or leave of absence are so required.
AB400,82,1311
5. A person who is absent from a position of employment because of active
state 12service is entitled to receive coverage under a health benefit plan during the absence
13and on reemployment as provided in sub. (6).
AB400,82,2014
(c)
Protection from discharge. An employer that reemploys under this section
15a person whose period of active
state service lasted for more than 30 days, but less
16than 181 days, may not discharge the person within 180 days after the date of
17reemployment except for cause. An employer that reemploys under this section a
18person whose period of active
state service lasted for more than 180 days may not
19discharge the person within one year after the date of reemployment except for
20cause.
AB400, s. 185
21Section
185. 21.80 (6) of the statutes is renumbered 321.65 (6), and 321.65 (6)
22(a) (intro.) and (c), as renumbered, are amended to read:
AB400,83,323
321.65
(6) (a)
Option to continue coverage. (intro.) Notwithstanding s. 632.897,
24if a person who has coverage under a health benefit plan in connection with the
25person's employment is absent from a position of employment because of active
state
1service, the insurer that issued the health benefit plan shall permit the person, and
2the person's dependents, to continue coverage under the health benefit plan until the
3first to occur of the following:
AB400,83,114
(c)
Reinstatement on reemployment. If a person's coverage under a health
5benefit plan in connection with his or her employment was terminated because of the
6person's active
state service and if after returning from that active
state service the
7person is reemployed under sub. (3), coverage under the health benefit plan shall be
8reinstated for the person and the person's dependents immediately upon
9reemployment. With respect to the reinstated coverage, no exclusion or waiting
10period may be imposed that would not have been imposed had the coverage not been
11terminated because of the active
state service.
AB400, s. 186
12Section
186. 21.80 (7) of the statutes is renumbered 321.65 (7).
AB400, s. 187
13Section
187. 21.80 (8) of the statutes is repealed.
AB400, s. 188
14Section
188. 40.05 (4g) (a) 4. of the statutes is amended to read:
AB400,83,1915
40.05
(4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
16or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111 or
17under rules promulgated by the director of the office of state employment relations
18or is eligible for reemployment with the state under s.
21.79 321.64 after completion
19of his or her service in the U.S. armed forces.
AB400, s. 189
20Section
189. 45.03 (13) (e) of the statutes is amended to read:
AB400,83,2521
45.03
(13) (e) Provide county veterans service officers with the information
22provided to the department by the adjutant general under s.
21.19 (14) 321.04 (1) (o) 23and may provide county veterans service officers with information on all necessary
24military points of contact and general deployment information for reserve units of
25the U.S. armed forces.
AB400, s. 190
1Section
190. 45.20 (2) (d) 3. of the statutes is amended to read:
AB400,84,42
45.20
(2) (d) 3. A veteran may not receive reimbursement under this subsection
3for any semester in which he or she is eligible for or received a grant under s.
21.49 4321.40 or under
10 USC 2007.
AB400, s. 191
5Section
191. 45.60 (1) (b) of the statutes is amended to read:
AB400,84,106
45.60
(1) (b) Military funeral honors may be provided by local units of member
7organizations of the council on veterans programs, by local units of veterans
8organizations certified by the department to provide military funeral honors, by
9members of the Wisconsin national guard activated under s.
21.11 (3) 321.04 (2) (e),
10or by staff of the department.
AB400, s. 192
11Section
192. 71.93 (1) (a) 6. of the statutes is amended to read:
AB400,84,1312
71.93
(1) (a) 6. An amount owed to the department of military affairs under s.
1321.49 (3m) 321.40 (5).
AB400, s. 193
14Section
193. 106.54 (7) of the statutes is amended to read:
AB400,84,1715
106.54
(7) The division shall receive complaints under s.
21.80 (7) (b) 1. or 2. 16321.65 (7) (b) 1. or 2. and shall process the complaints in the same manner that
17employment discrimination complaints are processed under s. 111.39.
AB400, s. 194
18Section
194. 121.05 (1) (a) 13. of the statutes is amended to read:
AB400,84,2019
121.05
(1) (a) 13. Pupils attending the
Youth Challenge
Academy program
20under s.
21.26 321.03 (1) (c).
AB400, s. 195
21Section
195. 121.095 (title) of the statutes is amended to read:
AB400,84,23
22121.095 (title)
State aid adjustment; Youth Challenge Academy
23program.
AB400, s. 196
24Section
196. 121.095 (1) (a) of the statutes is amended to read:
AB400,85,3
1121.095
(1) (a) Determine the number of pupils counted in the school district's
2membership who are attending the
Youth Challenge
Academy program under s.
321.26 321.03 (1) (c).
AB400, s. 197
4Section
197. 121.095 (1) (b) 1. of the statutes is amended to read:
AB400,85,65
121.095
(1) (b) 1. The amount determined by the department of military affairs
6under s.
21.26 (2) (a) 321.03 (1) (c) 1.
AB400, s. 198
7Section
198. 121.90 (1) (intro.) of the statutes is amended to read:
AB400,85,138
121.90
(1) (intro.) "Number of pupils enrolled" means the number of pupils
9enrolled on the 3rd Friday of September, including pupils identified in s. 121.05 (1)
10(a) 1. to 11. and 13., and the number of pupils attending the
Youth Challenge
11Academy program under s.
21.26 321.03 (1) (c) in the previous spring session, except
12that "number of pupils enrolled" excludes the number of pupils attending public
13school under s. 118.145 (4) and except as follows:
AB400, s. 199
14Section
199. 230.04 (17) of the statutes is amended to read:
AB400,85,1615
230.04
(17) The director shall resolve any dispute raised by a complaint filed
16under s.
21.79 (1) (c) 321.64 (1) (c).
AB400, s. 200
17Section
200. 230.315 (1) (c) of the statutes is amended to read:
AB400,85,2218
230.315
(1) (c) The employee has received a military leave of absence under s.
19230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V
20of ch. 111, or under rules promulgated by the office of employment relations or is
21eligible for reemployment with the state under s.
21.79 321.64 after completion of his
22or her service in the U.S. armed forces.
AB400, s. 201
23Section
201. 230.32 (7) of the statutes is amended to read:
AB400,86,3
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)
321.65 (1) (a), is entitled to all
3reemployment rights and benefits provided under s.
21.80 321.65.
AB400, s. 202
4Section
202. 302.31 (1m) of the statutes is created to read:
AB400,86,55
302.31
(1m) The detention of persons subject to confinement under s. 322.011.
AB400, s. 203
6Section
203. Chapter 321 (title) of the statutes is created to read:
AB400,86,88
Department of military affairs
AB400, s. 204
9Section
204. Subchapter I (title) of chapter 321 [precedes 321.01] of the
10statutes is created to read:
AB400,86,1111
chapter 321
AB400,86,1312
subchapter I
13
general provisions
AB400, s. 205
14Section
205. 321.01 of the statutes is created to read:
AB400,86,15
15321.01 Definitions. In this chapter:
AB400,86,16
16(1) "Active duty" means federal active duty or state active duty.
AB400,86,17
17(2) "Department" means the department of military affairs.
AB400,86,18
18(3) "Facility" includes armory, base, installation, and airfield.
AB400,86,20
19(4) "Federal active duty" means full-time duty in the active military service of
20the United States, as defined in
10 USC 101 (d) or
32 USC 502,
503, or
904.
AB400,86,24
21(5) "Law enforcement agency" means an agency of the federal government, a
22federally recognized Indian tribe or band, or a state or political subdivision of a state,
23whose purpose is the detection and prevention of crime and enforcement of laws or
24ordinances.