Currently, under the state family and medical leave law, an employee who
believes that his or her employer has denied any right provided under that law or

retaliated against the employee for opposing a practice prohibited under that law
may file a complaint with the Department of Workforce Development (DWD) within
30 days after the employee knew or should have known of the violation, and an
employee who believes that his or her employer has retaliated against the employee
for initiating, testifying in, or assisting in a proceeding under that law may file a
complaint with DWD within 300 days after the alleged retaliation occurred.
Currently, under the federal family and medical leave law, an employee who believes
that his or her employer has denied any right provided under that law, retaliated
against the employee for opposing a practice prohibited under that law, or retaliated
against the employee for initiating, testifying in, or assisting in a proceeding under
that law may file a complaint with the federal secretary of labor or bring an action
in court within two years after the date of the last event constituting the alleged
violation or, if the violation was willful, within three years after that event.
This bill conforms the time limit for filing a complaint under the state family
and medical leave law to the time limits for filing a complaint under the federal
family and medical leave law. Specifically, the bill extends the time limit for filing
a complaint with DWD alleging that an employer has denied any right provided
under the state family and medical leave law, retaliated against the employee for
opposing a practice prohibited under that law, or retaliated against the employee for
initiating, testifying in, or assisting in a proceeding under that law to two years after
the date of the last event constituting the alleged violation of the law or, if the
violation was willful, three years after that event.
Under current law, a determination by DWD on the issue of whether an
employee has been denied family or medical leave in violation of the state family and
medical leave law or has been retaliated against for opposing a practice prohibited
under that law may not be appealed to the Labor and Industry Review Commission
(LIRC), but rather may be appealed directly to the circuit court (judicial review),
while a determination by DWD on the issue of whether an employee has been
retaliated against for initiating, testifying in, or assisting in a proceeding under that
law may be appealed to LIRC prior to judicial review. This bill permits a
determination by DWD on the issue of whether an employee has been denied family
or medical leave in violation of the state family and medical leave law or has been
retaliated against for opposing a practice prohibited under that law to be appealed
to LIRC in the same manner as an appeal of a determination by DWD on the issue
of whether an employee has been retaliated against for initiating, testifying in, or
assisting in a proceeding under the state family and medical leave law.
Under current law, an employee or DWD may bring a civil action in circuit court
against an employer to recover damages caused by a violation of the state family and
medical leave law. Currently, a civil action under the state family and medical leave
law is barred unless commenced within the later of 60 days after the completion of
an administrative proceeding, including judicial review, concerning the violation or
12 months after the violation occurred or the employee or DWD reasonably should
have known that the violation occurred. This bill provides that such a civil action
is barred unless commenced within the later of those 60 days or two years after the

date of the last event constituting the alleged violation or, if the violation was willful,
three years after that event.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB196, s. 1 1Section 1. 103.10 (11) (c) of the statutes is repealed and recreated to read:
SB196,3,52 103.10 (11) (c) 1. No person may discharge or in any manner discriminate
3against any individual for filing a complaint or attempting to enforce any right under
4this section or for testifying or assisting in any action or proceeding to enforce any
5right under this section.
SB196,3,86 2. No person may discharge or in any manner discriminate against any
7individual because that person believes that the individual has engaged or may
8engage in an activity described in subd. 1.
SB196, s. 2 9Section 2. 103.10 (12) (b) of the statutes is amended to read:
SB196,4,210 103.10 (12) (b) An employee who believes that his or her employer has violated
11sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employee
12should reasonably have known that the violation occurred, whichever is later,
file a
13complaint with the department alleging the violation. Except as provided in par.
14(bm), a complaint under this paragraph may be filed no later than 2 years after the
15date of the last event constituting the alleged violation for which the complaint is
16brought.
Except as provided in s. 230.45 (1m), the department shall investigate the
17complaint and shall attempt to resolve the complaint by conference, conciliation, or
18persuasion. If the complaint is not resolved and the department finds probable cause
19to believe a violation has occurred, the department shall proceed with notice and a

1hearing on the complaint as provided in ch. 227. The hearing shall be held within
260 days after the department receives the complaint.
SB196, s. 3 3Section 3. 103.10 (12) (bm) of the statutes is created to read:
SB196,4,64 103.10 (12) (bm) A complaint under par. (b) alleging a willful violation of sub.
5(11) may be filed no later than 3 years after the date of the last event constituting the
6alleged violation for which the complaint is brought.
SB196, s. 4 7Section 4. 103.10 (12) (d) of the statutes is amended to read:
SB196,4,148 103.10 (12) (d) The department shall issue its decision and order within 30 days
9after the hearing. If the department finds that an employer violated sub. (11) (a) or
10(b)
, it may order the employer to take action to remedy the violation, including
11providing requested family leave or medical leave, reinstating an employee,
12providing back pay accrued not more than 2 years before the complaint was filed from
13the date of the last event constituting the alleged violation for which the complaint
14is brought,
and paying reasonable actual attorney fees to the complainant.
SB196, s. 5 15Section 5. 103.10 (12) (e) of the statutes is created to read:
SB196,4,1816 103.10 (12) (e) A respondent or complainant who is dissatisfied with the
17decision and order of the hearing examiner may file a written petition with the
18department for review by the commission of the decision and order.
SB196, s. 6 19Section 6. 103.10 (12) (f) of the statutes is created to read:
SB196,5,420 103.10 (12) (f) If no petition is filed within 21 days after the date on which the
21department mails a copy of the decision and order to the last-known addresses of the
22respondent and complainant, the decision and order shall be considered final. If a
23timely petition is filed, the commission, on review, may either affirm, reverse, or
24modify the decision and order in whole or in part, or set aside the decision and order
25and remand the case to the department for further proceedings. Those actions shall

1be based on a review of the evidence submitted. If the commission is satisfied that
2a respondent or complainant has been prejudiced because of exceptional delay in the
3receipt of a copy of the decision and order, the commission may extend for another
421 days the time for filing the petition with the department.
SB196, s. 7 5Section 7. 103.10 (12) (g) of the statutes is created to read:
SB196,5,136 103.10 (12) (g) On motion of the respondent or complainant, the commission
7may set aside, modify, or change any decision made by the commission, at any time
8within 28 days after the date of the decision if the commission discovers any mistake
9in the decision, or upon the grounds of newly discovered evidence. The commission
10may on its own motion, for reasons it considers sufficient, set aside any final decision
11of the commission within one year after the date of the final decision upon grounds
12of mistake or newly discovered evidence and remand the case to the department for
13further proceedings.
SB196, s. 8 14Section 8. 103.10 (12) (h) of the statutes is created to read:
SB196,5,1915 103.10 (12) (h) A respondent or complainant who is dissatisfied with a decision
16of the commission under par. (f) or (g) may seek judicial review of that decision under
17ss. 227.52 to 227.58 by filing a petition for review under s. 227.53 within 30 days after
18the date on which the commission mails a copy of the decision to the last-known
19addresses of the respondent and complainant.
SB196, s. 9 20Section 9. 103.10 (13) (b) 2. of the statutes is amended to read:
SB196,5,2421 103.10 (13) (b) 2. Twelve months Two years after the date of the last event
22constituting the alleged
violation occurred, or the department or employee should
23reasonably have known that the
or, if the violation occurred was willful, 3 years after
24the date of the last event constituting the alleged violation
.
SB196, s. 10 25Section 10. 111.322 (2m) (a) of the statutes is amended to read:
SB196,6,3
1111.322 (2m) (a) The individual files a complaint or attempts to enforce any
2right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12,
3109.03, 109.07, 109.075 or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB196, s. 11 4Section 11. 111.322 (2m) (a) of the statutes, as affected by 2009 Wisconsin Acts
53
and .... (this act), is repealed and recreated to read:
SB196,6,86 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
7right under s. 103.02, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12,
8109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB196, s. 12 9Section 12. 111.322 (2m) (b) of the statutes is amended to read:
SB196,6,1310 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
11held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
12103.455, 103.50, 104.12, 109.03, 109.07, 109.075 or 146.997 or ss. 101.58 to 101.599
13or 103.64 to 103.82.
SB196, s. 13 14Section 13. 111.322 (2m) (b) of the statutes, as affected by 2009 Wisconsin Acts
153
and .... (this act), is repealed and recreated to read:
SB196,6,1916 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
17held under or to enforce any right under s. 103.02, 103.13, 103.28, 103.32, 103.34,
18103.455, 103.50, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599
19or 103.64 to 103.82.
SB196, s. 14 20Section 14. Initial applicability.
SB196,6,2321 (1) This act first applies to a violation of section 103.10 of the statutes, as
22affected by this act, in which the last event constituting the violation occurs on the
23effective date of this subsection.
SB196, s. 15 24Section 15. Effective dates. This act takes effect on the day after publication,
25except as follows:
SB196,7,2
1(1) Enforcement. The repeal and recreation of section 111.322 (2m) (a) and (b)
2of the statutes takes effect on March 1, 2010.
SB196,7,33 (End)
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