Wisconsin Legislature: 200,176

(b) The adjutant general shall provide the certificate under par. (a) upon request of the service member or of a person acting on behalf of the service member or his or her estate, and any certificate so provided shall be prima facie evidence of the facts stated in the certificate and of the authority of the signer to issue the certificate unless shown to be incorrect.

(c) When a service member in active state service active duty has been reported missing to the department, the service member shall be presumed to continue in active state service active duty until accounted for, and no period limited under this section which begins or ends with the death of a service member shall begin or end until the death of the service member is determined by the department or by a court.

200,168 Section 168. 21.75 (19) of the statutes is renumbered 321.62 (19).

200,169 Section 169. 21.75 (20) of the statutes is renumbered 321.62 (20), and 321.62 (20) (a), as renumbered, is amended to read:

321.62 (20) (a) A service member may, at any time during his or her period of active state service active duty, or within 6 months 180 days after that service duty ends, apply to a court for relief with respect to any obligation or liability incurred by the service member before his or her period of active state service active duty. The court, after appropriate notice and hearing, may grant the following relief unless the court determines that the ability of the service member to comply with the terms of the obligation or liability has not been materially affected by his or her state active service duty:

1. In the case of an obligation payable in installments under a contract for the purchase of real estate, or secured by a mortgage upon real estate, a stay of the enforcement of the obligation during the period of active state service active duty and, from the date of the end of the period of active state service active duty or from the date of requesting the relief if made after the service state active duty is ended, for a period equal to the period of the remaining life of the installment contract or instrument evidencing the obligation plus a period of time equal to the period of active state service active duty, or any part of that combined period. The court may issue a stay under this paragraph if the service member makes payments of the balance of the principal and accumulated interest due and unpaid at the date of the end of the period of active state service active duty or from the date of requesting the relief, whichever is appropriate, in equal installments during the combined period and at the rate of interest as is prescribed in the contract or instrument evidencing the obligation for installments paid when due. The court may order other terms under this paragraph as are just.

2. In the case of any other obligation or liability, a stay of the enforcement of that obligation or liability during the service member's period of active state service active duty and, from the date of the end of the period of active state service active duty or from the date of requesting the relief if made after the service duty is ended, for a period equal to the period of active state service active duty or any part of that period. The court may issue a stay under this paragraph if the service member makes payments of the balance of the principal and accumulated interest due and unpaid at the date of the end of the period of active state service active duty or from the date of requesting the relief, whichever is appropriate, in equal installments during the extended period and at the rate of interest as is prescribed for the obligation or liability when due. The court may order other terms under this paragraph as are just.

200,170 Section 170. 21.75 (21) of the statutes is renumbered 321.62 (21), and 321.62 (21) (b), as renumbered, is amended to read:

321.62 (21) (b) No power of attorney executed after December 14, 2001, by a service member in active state service active duty may be extended under par. (a) if the document creating the power of attorney clearly indicates that the power granted expires on the date specified even if the service member, after the date of execution of the document, is reported missing to the department.

200,171 Section 171. 21.75 (22) of the statutes is renumbered 321.62 (22), and 321.62 (22) (a), (b) 2. and (c) 1., as renumbered, are amended to read:

321.62 (22) (a) 1. If a service member who is called ordered into active state service active duty has coverage under a professional liability insurance policy that does not cover claims filed with respect to the service member during the period of active state service active duty unless the premiums are paid for the coverage for that period, the insurer that provides the coverage shall suspend the service member's coverage under the policy upon receipt of a written request from the service member to do so. The insurer may not require that premiums be paid for the suspended coverage. The insurer shall refund any premium amount already paid for coverage of the service member for the period after the coverage is suspended or shall, at the option of the service member, apply such amount to payment of any premium that becomes due upon reinstatement of the coverage.

2. Subdivision 1. does not require the suspension of coverage for any other person who has coverage under the policy and who is not a service member called ordered into active state service active duty or relieve any person of the obligation to pay premiums for coverage that is not required to be suspended under subd. 1.

(b) 2. For purposes of subd. 1., a claim that is based on the failure of a professional to make adequate provision for the care of patients during the professional's period of active state service active duty shall be considered to be based on an action or the failure to take action before the beginning of the period during which coverage is suspended under this subsection, unless professional services were provided after the date on which the suspension of coverage began.

(c) 1. If a service member whose professional liability insurance coverage is suspended under par. (a) transmits to the insurer, within 30 days after the date on which the service member is released from active state service active duty, a written request for reinstatement of his or her professional liability insurance coverage, the insurer must reinstate the coverage as of the date on which the insurer receives the written request. The period for which the coverage must be reinstated may not be less than the balance of the period for which the coverage would have continued under the policy had the coverage not been suspended.

200,172 Section 172. 21.75 (23) of the statutes is renumbered 321.62 (23) and amended to read:

321.62 (23) Notice of benefits under this section. The department shall provide each service member a brochure explaining this section when that service member enters active state service active duty.

200,173 Section 173. 21.78 (title), (1), (2), (3) and (4) of the statutes are renumbered 321.63 (title), (1), (2), (3) and (4) and amended to read:

321.63 (title) Employees Local government employees or officers in military service federal active duty. (1) The governing body of any county, town, city, village, school district, or technical college district A local governmental unit, as defined in s. 66.0135 (1) (c), may grant a leave of absence to any employee or officer who is inducted or who enlists in the U.S. armed forces for a period of military service federal active duty of not more than 4 5 years unless the employee is involuntarily retained for a longer period. No salary or compensation of the employee or officer shall be paid, nor claim for the salary or compensation exist, during the leave of absence, except as provided in this section. If the employee's or officer's salary or compensation is less in the U.S. armed forces than was paid by the county, town, city, village, school district, or technical college district local governmental unit, that governmental unit may pay the employee or officer the difference between the salary or compensation paid by the U.S. armed forces and the salary or compensation that the employee or officer was paid by the county, town, city, village, school district, or technical college district local governmental unit at the time that he or she enlisted in or was inducted into the U.S. armed forces.

(2) The governing body local governmental unit may provide for safeguarding the reinstatement and pension rights, as limited in this section, of any employee or officer so inducted or enlisted.

(3) No employee or officer who is appointed to fill the place of any employee or officer so inducted or enlisted shall acquire permanent tenure during the period of the replacement service.

(4) If the leave of absence under sub. (1) is granted to an elected or appointed official or employee and the official or employee has begun service in the U.S. armed forces federal active duty, a temporary vacancy exists and a successor may be appointed to fill the unexpired term of the official or employee, or until the official or employee returns and files an election to resume the office if the date of the filing is prior to the expiration of the term. The appointment shall be made in the manner provided for the filling of vacancies caused by death, resignation, or otherwise, except that no election need be held to fill a temporary vacancy. The appointee has all the powers, duties, liabilities, and responsibilities and shall be paid and receive the compensation and other benefits of the office or position, unless otherwise provided by the governing body local governmental unit. Within 40 days after the termination of service in the U.S. armed forces federal active duty, the elected or appointed official or employee, upon filing with the clerk of the local governmental unit, a statement under oath of termination and that the official or employee elects to resume the office or position, may resume the office or position for the remainder of the term for which elected or appointed. The person temporarily filling the vacancy shall cease to hold the office on the date of the filing.

200,174 Section 174. 21.78 (5) of the statutes is repealed.

200,175 Section 175. 21.79 of the statutes is renumbered 321.64, and 321.64 (title), (1) (a) (intro.), 1., 3. and 5., (2) and (4), as renumbered, are amended to read:

321.64 (title) Reemployment after completion of military service federal active duty or service. (1) (a) (intro.) Any person who has enlisted or enlists in or who has been or is inducted or ordered into active service in the U.S. armed forces pursuant to 50 App. USC 301, 401, and 451, or P.L. 87-117 federal active duty for 90 days or more, and any person whose services are requested by the federal government for national defense work as a civilian during a period officially proclaimed to be a national emergency or a limited national emergency, who, to perform the training duty or service, has left or leaves a position, other than a temporary position, in the employ of any political subdivision of the state or in the employ of any private or other employer, shall be restored to that position or to a position of like seniority, status, pay, and salary advancement as though service toward seniority, status, pay, or salary advancement had not been interrupted by the absence, if all of the following conditions are met:

1. The person presents to the employer evidence of satisfactory completion of the period of training or civilian federal active duty or federal government service, or of discharge from the U.S. armed forces under conditions other than dishonorable.

3. The person makes application for reemployment and resumes work within 90 days after completion of the training or federal active duty or federal government service, military or civilian, or was so discharged from the U.S. armed forces, or within 6 months after release from hospitalization for duty-connected or service-connected injury or disease.

5. The military service federal active duty or federal government service was not for more than 4 5 years unless extended by law.

(2) The service of any person who is or was restored to a position in accordance with sub. (1) shall be considered not to be interrupted by the absence, except for the receipt of pay or other compensation for the period of the absence and he or she shall be entitled to participate in insurance, pensions, retirement plans, or other benefits offered by the employer under established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the person entered or was enlisted, inducted, or ordered into the forces and service federal active duty or federal government service. The person whose position was restored may not be discharged from the position without cause within one year after restoration and the discharge is subject to all federal or state laws affecting any private employment and to the provisions of contracts that may exist between employer and employee. Each county, town, city, or village political subdivision shall contribute or pay all contributions of the employer to the applicable and existent pension, annuity, or retirement system as though the service of the employee had not been interrupted by military service federal active duty or federal government service.

(4) No person who is appointed in the service of the state or of any county, city, village, or town political subdivision to fill the place of a person entering service in the U.S. armed forces federal active duty or federal government service under sub. (1) shall acquire permanent tenure during the period of that replacement service.

200,176 Section 176. 21.80 (title) and (1) (intro.) of the statutes are renumbered 321.65 (title) and (1) (intro.).

200,177 Section 177. 21.80 (1) (a) of the statutes is renumbered 321.65 (1) (a), and 321.65 (1) (a) (intro.), 1. and 3., as renumbered, are amended to read:

321.65 (1) (a) (intro.) "Active state service" means any of the following:

1. Active service in the national guard or the state defense force under an order of the governor issued under this chapter State active duty or active service duty in the national guard under 32 USC 502 (f) that is not considered to be service in the uniformed services.

3. Active service duty in the national guard of any state under an order of the governor of that state.

200,178 Section 178. 21.80 (1) (b) to (e) of the statutes are renumbered 321.65 (1) (b) to (e).

200,179 Section 179. 21.80 (1) (f) of the statutes is repealed.

200,180 Section 180. 21.80 (1) (g) of the statutes is renumbered 321.65 (1) (f).

200,181 Section 181. 21.80 (2) of the statutes is renumbered 321.65 (2) and amended to read:

321.65 (2) More generous rights permitted. Nothing in this section prohibits an employer from providing employees who are called ordered into active state service with reemployment rights and benefits that are more generous to the employee than the rights and benefits provided under this section.

200,182 Section 182. 21.80 (3) of the statutes is renumbered 321.65 (3), and 321.65 (3) (a) (intro.), 1., 2. and 4., (c), (d) 2., (e) 1., 2. and 3., (f) 1. and (h), as renumbered, are amended to read:

321.65 (3) (a) Prerequisites. (intro.) Subject to par. (d), any person who is a resident of this state and absent from a position of employment because of active state service is entitled to the reemployment rights and benefits specified in this section if all of the following apply:

1. Except as provided in par. (b), the person or an appropriate officer in the national guard of this or another state or the state defense force has given advanced notice of the active state service to the person's employer.

2. Except as provided in par. (c), the cumulative length of the absence from the position of employment and of all previous absences from a position of employment with the employer by reason of active state service or service in the uniformed services federal active duty does not exceed 5 years.

4. In the case of active state service in the national guard in this or another state or the state defense force, the active state service has not been terminated under other than honorable conditions.

(c) Length of absence limit. The periods of service in the uniformed services federal active duty described in 38 USC 4312 (c) (1) to (4) and all of the following periods of active state service are not included in calculating the 5-year period specified in par. (a) 2.:

1. Any period of active state service, as defined in sub. (1) (a) 1., beyond that 5-year period that is required to complete an initial period of obligated active state service.

2. Any period of active state service, as defined in sub. (1) (a) 1., for which the person, through no fault of the person's own, was unable to obtain orders releasing the person from a period of active state service before the expiration of the 5-year period.

3. Any period of active state service, as defined in sub. (1) (a) 1., that was performed to fulfill any additional training requirements determined and certified in writing by the federal secretary of the army, the federal secretary of the air force, or the adjutant general to be necessary for professional development or for completion of skill training or retraining.

4. Any period of active state service that was performed by a person who was ordered to, or retained in, active state service, other than for training, because of a state emergency declared by the governor, because of a war or national emergency declared by the president of the United States or Congress, because of insurrection, rebellion, riot, invasion, or resistance to the execution of the laws of this state or of the United States, or in support of an operational mission, a critical mission, or any other requirement of the uniformed services U.S. armed forces.

(d) 2. The position of employment that the person left to perform active state service was for a brief, nonrecurrent period and there was no reasonable expectation that the position of employment would continue indefinitely or for a significant period of time.

(e) 1. Subject to subds. 4. and 5., if a person who has been absent from a position of employment because of active state service that lasted for less than 31 days, who has been absent from a position of employment for any period of time for the purpose of an examination to determine the person's fitness to perform active state service, or who has been absent from a position of employment because the person was hospitalized for or was convalescing from an illness or injury that was incurred in or aggravated during the performance of that active state service wishes to receive the reemployment rights and benefits specified in this section, the person must notify the person's employer of the person's intent to return to the position of employment by reporting to the employer by no later than the beginning of the first full regularly-scheduled work period on the first full calendar day following the completion of the active state service, examination, or period of hospitalization or convalescence, a period of time that allows for the safe transportation of the person from the place of active state service, examination, hospitalization, or convalescence to the person's residence, and a rest period of 8 hours following that transportation period or, if through no fault of the person's own reporting to the employer within that time is impossible or unreasonable, by reporting to the employer as soon as possible after that 8-hour rest period.

2. Subject to subds. 4. and 5., if a person who has been absent from a position of employment because of active state service that lasted for more than 30 days, but less than 181 days, or who has been absent from a position of employment because the person was hospitalized for or was convalescing from an illness or injury that was incurred in or aggravated during the performance of that active state service wishes to receive the reemployment rights and benefits specified in this section, the person must notify the person's employer of the person's intent to return to the position of employment by submitting to the employer an application for reemployment by no later than 14 days after the completion of the active state service, hospitalization, or convalescence or, if through no fault of the person's own submitting the application within that time is impossible or unreasonable, by submitting to the employer an application for reemployment by no later than the first full calendar day on which submission of the application becomes possible.

3. Subject to subds. 4. and 5., if a person who has been absent from a position of employment because of active state service that lasted for more than 180 days or who has been absent from a position of employment because the person was hospitalized for or was convalescing from an illness or injury that was incurred in or aggravated during the performance of that active state service wishes to receive the reemployment rights and benefits specified in this section, the person must notify the person's employer of the person's intent to return to the position of employment by submitting to the employer an application for reemployment by no later than 90 days after the completion of the active state service, hospitalization, or convalescence or, if through no fault of the person's own submitting the application within that time is impossible or unreasonable, by submitting to the employer an application for reemployment by no later than the first full calendar day on which submission of the application becomes possible.

(f) 1. A person who submits an application for reemployment under par. (e) 2. or 3. must, on the request of the person's employer, provide to the employer documentation to establish that the application was submitted within the time limits specified in par. (e) 2. or 3., that the person's cumulative length of all absences from employment with the employer because of active state service or service in the uniformed services and federal active duty does not, except as permitted under par. (c), exceed 5 years, and, in the case of active state service in the national guard in this or another state or the state defense force, that the person's service was not terminated under other than honorable conditions.

(h) Prohibited bases for denial of reemployment. In determining a person's right to reemployment and other benefits under this section, an employer may not deny reemployment or any other benefits based on the timing, frequency, duration, or nature of the person' s active state service or service in the uniformed services federal active duty so long as the requirements under par. (a) are met.

200,183 Section 183. 21.80 (4) of the statutes is renumbered 321.65 (4), and 321.65 (4) (a), as renumbered, is amended to read:

321.65 (4) (a) Prompt reemployment required. 1. Subject to subds. 3. and 4. and par. (b), an employer shall reemploy a person who is entitled to reemployment under sub. (3) and whose period of active state service was for less than 91 days promptly on completion of that period of active state service in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by that active state service so long as the person is qualified to perform the duties of that position or, if after reasonable efforts by the employer to qualify the person to perform those duties the person is not qualified to perform those duties, in the position of employment in which the person was employed on the date on which the person's period of active state service began.

2. Subject to subds. 3. and 4. and par. (b), an employer shall reemploy a person who is entitled to reemployment under sub. (3) and whose period of active state service was for more than 90 days promptly on completion of that period of active state service in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by that active state service or in a position of employment of like seniority, status, and pay so long as the person is qualified to perform the duties of that position or, if after reasonable efforts by the employer to qualify the person to perform those duties the person is not qualified to perform those duties, in the position of employment in which the person was employed on the date on which the person's period of active state service began or in a position of employment of like seniority, status, and pay.

3. Subject to par. (b), in the case of a person who has a disability that was incurred in or aggravated during a period of active state service and who, after reasonable efforts by the employer to accommodate the disability, is not qualified due to the disability to perform the duties of the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the active state service, the employer shall reemploy the person promptly on completion of that period of active state service in any other position that is equivalent to that position in seniority, status, and pay, the duties of which the person is qualified to perform or would become qualified to perform with reasonable efforts by the employer, or, if there is no other position of employment available that is equivalent to that position in seniority, status, and pay, in a position that is the nearest approximation to that equivalent position in terms of seniority, status, and pay, consistent with the person's circumstances.

4. Subject to par. (b), in the case of a person who is not qualified to be employed in the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by the person's active state service or in the position of employment in which the person was employed on the date on which the person's period of active state service began for any reason other than disability incurred in or aggravated during a period of active state service and who cannot become qualified to be so employed with reasonable efforts by the employer, the employer shall reemploy the person promptly on completion of that period of active state service in any other position that the person is qualified to perform and that is the nearest approximation to the position of employment in which the person would have been employed if the continuous employment of the person with the employer had not been interrupted by that active state service, with full seniority, or if no position of employment that is the nearest approximation to that position is available, in a position of employment that the person is qualified to perform and that is the nearest approximation to the position of employment in which the person was employed on the date on which the person's period of active state service began, with full seniority.

200,184 Section 184. 21.80 (5) of the statutes is renumbered 321.65 (5) and amended to read:

321.65 (5) Rights, benefits, and obligations. (a) Seniority. A person who is reemployed under this section is entitled to the seniority and other rights and benefits determined by seniority that the person had on the last day of employment before the person's active state service began, plus all seniority and other rights and benefits determined by seniority that the person would have had if the continuous employment of the person with the employer had not been interrupted by that active state service.

(b) Continuation of benefits. 1. Subject to subds. 2. to 5., a person who is absent from employment because of active state service is considered to be on furlough or leave of absence while performing the active state service and is entitled to receive all rights and benefits not determined by seniority that are generally provided by the employer to employees having similar seniority, status, and pay who are on furlough or leave of absence under a contract, agreement, policy, practice, or plan that is in effect on the day on which the active state service began or that is established while the person is performing the active state service.

2. If an employer shows that a person who is absent from a position of employment because of active state service has knowingly provided written notice of the person's intent not to return to a position of employment with the employer after that active state service and, in doing so, was aware of the specific rights and benefits under subd. 1. that the person would lose while absent from the position of employment, the person is not entitled to the rights and benefits specified in subd. 1. while absent from employment.

3. A person who is considered to be on furlough or leave of absence under subd. 1. while performing active state service is not entitled to any benefit to which the person would not otherwise be entitled if the person had remained continuously employed.

4. An employer may require a person who is considered to be on furlough or leave of absence under subd. 1. while performing active state service to pay the employee cost, if any, of any benefit that is continued under subd. 1. to the same extent that other employees who are on furlough or leave of absence are so required.

5. A person who is absent from a position of employment because of active state service is entitled to receive coverage under a health benefit plan during the absence and on reemployment as provided in sub. (6).

(c) Protection from discharge. An employer that reemploys under this section a person whose period of active state service lasted for more than 30 days, but less than 181 days, may not discharge the person within 180 days after the date of reemployment except for cause. An employer that reemploys under this section a person whose period of active state service lasted for more than 180 days may not discharge the person within one year after the date of reemployment except for cause.

200,185 Section 185. 21.80 (6) of the statutes is renumbered 321.65 (6), and 321.65 (6) (a) (intro.) and (c), as renumbered, are amended to read:

321.65 (6) (a) Option to continue coverage. (intro.) Notwithstanding s. 632.897, if a person who has coverage under a health benefit plan in connection with the person's employment is absent from a position of employment because of active state service, the insurer that issued the health benefit plan shall permit the person, and the person's dependents, to continue coverage under the health benefit plan until the first to occur of the following:

(c) Reinstatement on reemployment. If a person's coverage under a health benefit plan in connection with his or her employment was terminated because of the person's active state service and if after returning from that active state service the person is reemployed under sub. (3), coverage under the health benefit plan shall be reinstated for the person and the person's dependents immediately upon reemployment. With respect to the reinstated coverage, no exclusion or waiting period may be imposed that would not have been imposed had the coverage not been terminated because of the active state service.

200,186 Section 186. 21.80 (7) of the statutes is renumbered 321.65 (7).

200,187 Section 187. 21.80 (8) of the statutes is repealed.

200,188 Section 188. 40.05 (4g) (a) 4. of the statutes is amended to read:

40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 21.79 321.64 after completion of his or her service in the U.S. armed forces.

200,189 Section 189. 45.03 (13) (e) of the statutes is amended to read:

45.03 (13) (e) Provide county veterans service officers with the information provided to the department by the adjutant general under s. 21.19 (14) 321.04 (1) (o) and may provide county veterans service officers with information on all necessary military points of contact and general deployment information for reserve units of the U.S. armed forces.

200,190 Section 190. 45.20 (2) (d) 3. of the statutes is amended to read:

45.20 (2) (d) 3. A veteran may not receive reimbursement under this subsection for any semester in which he or she is eligible for or received a grant under s. 21.49 321.40 or under 10 USC 2007.

200,191 Section 191. 45.60 (1) (b) of the statutes is amended to read:

45.60 (1) (b) Military funeral honors may be provided by local units of member organizations of the council on veterans programs, by local units of veterans organizations certified by the department to provide military funeral honors, by members of the Wisconsin national guard activated under s. 21.11 (3) 321.04 (2) (e), or by staff of the department.

200,192 Section 192. 71.93 (1) (a) 6. of the statutes is amended to read:

71.93 (1) (a) 6. An amount owed to the department of military affairs under s. 21.49 (3m) 321.40 (5).

200,193 Section 193. 106.54 (7) of the statutes is amended to read:

106.54 (7) The division shall receive complaints under s. 21.80 (7) (b) 1. or 2. 321.65 (7) (b) 1. or 2. and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

200,194 Section 194. 121.05 (1) (a) 13. of the statutes is amended to read:

121.05 (1) (a) 13. Pupils attending the Youth Challenge Academy program under s. 21.26 321.03 (1) (c).

200,195 Section 195. 121.095 (title) of the statutes is amended to read:

121.095 (title) State aid adjustment; Youth Challenge Academy program.