21.75(14)(e)
(e) No person may knowingly seize or retain personal property belonging to a service member who lawfully terminates a lease under this subsection, or in any manner interfere with the removal of the service member's personal property from the premises covered by the lease, for the purpose of subjecting the personal property to a claim for rent accruing after the termination of the lease. Any person who violates this paragraph shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.
21.75(14)(f)
(f) Section 704.29 does not apply to the termination of a lease as provided in this subsection.
21.75(15)(a)(a) Notwithstanding
ss. 704.05 (5) and
704.90, no person may enforce a lien for storage of any household goods, furniture, or personal effects of a service member during the period in which the service member is in military service and for 90 days after the member's completion of military service, except as permitted by a court order under
par. (b).
21.75(15)(b)
(b) No person may exercise any right to foreclose or enforce a lien for the storage of household goods, furniture, or personal effects of a service member during the service member's period of active state service and for 3 months after that period ends except upon an order of the court. In an action under this paragraph, the court, after a hearing, may on its own motion, and shall, on application of the service member or some person acting on behalf of the service member, stay the proceeding or make such other order as may be equitable to conserve the interests of all parties, unless the court determines that the ability of the service member to pay storage charges due is not materially affected by his or her active state service.
21.75(15)(c)
(c) Any person who violates
par. (a) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
21.75(16)
(16) Dependent benefits. Upon application to the court, a dependent of a service member is entitled to the same benefits given to a service member while in active state service, unless the court determines that the ability of the dependent to comply with the terms of an obligation, contract, lease, or bailment is not materially impaired by reason of the service member's active state service.
21.75(17)
(17) Transfers or acquisitions. If a court determines that any interest, property, or contract has been transferred or acquired with the intent to delay the enforcement of a civil right by taking advantage of this section, the court shall enter any judgment or make any order that is just, notwithstanding the provisions of this section.
21.75(18)
(18) Certificate of service; person reported missing. 21.75(18)(a)(a) In any action or proceeding under this section, a certificate signed by the adjutant general or a person designated by the adjutant general as to the period of active service of a service member shall be prima facie evidence as to any of the following facts:
21.75(18)(a)1.
1. That the service member named has been in active state service.
21.75(18)(a)2.
2. The period of the active state service, including the date the service member was ordered into active state service.
21.75(18)(a)3.
3. The monthly pay received by the service member in active state service at the time the certificate was issued.
21.75(18)(a)4.
4. If the service member died while in active state service, the date and the place where he or she died.
21.75(18)(b)
(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.
21.75(18)(c)
(c) When a service member in active state service has been reported missing to the department, the service member shall be presumed to continue in active state service 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.
21.75(19)
(19) Interlocutory orders. A court may revoke, modify, or extend any interlocutory order made by the court under this section, upon the court's own motion or on the motion of a party, upon such notice to the parties as the court may require.
21.75(20)
(20) Stay of enforcement of obligations or liabilities. 21.75(20)(a)(a) A service member may, at any time during his or her period of active state service, or within 6 months after that service 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. 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:
21.75(20)(a)1.
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 and, from the date of the end of the period of active state service or from the date of requesting the relief if made after the service 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, 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 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.
21.75(20)(a)2.
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 and, from the date of the end of the period of active state service or from the date of requesting the relief if made after the service is ended, for a period equal to the period of active state service 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 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.
21.75(20)(b)
(b) When a court has granted a stay under this subsection, no penalty may accrue during the period that the terms and conditions of the stay are complied with by reason of the failure to comply with the terms or conditions of the obligation or liability in respect to which the stay was granted.
21.75(21)
(21) Power of attorney extension for missing service member. 21.75(21)(a)(a) A power of attorney that was duly executed by a service member that is reported missing to the department and that designates the service member's spouse, parent or named relative as his or her attorney-in-fact for specified, or all, purposes, and that expires after the service member is reported missing, is extended for the period that the service member is missing.
21.75(21)(b)
(b) No power of attorney executed after December 14, 2001, by a service member in active state service 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.
21.75(22)
(22) Professional liability protection. 21.75(22)(a)1.1. If a service member who is called into active state service 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 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.
21.75(22)(a)2.
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 into active state service or relieve any person of the obligation to pay premiums for coverage that is not required to be suspended under
subd. 1.
21.75(22)(b)1.1. Subject to
subd. 2., an insurer that suspends coverage under
par. (a) is not liable with respect to any claim that is based on the professional conduct, including the failure to take an action in a professional capacity, of the service member that occurs while the service member's professional liability coverage is suspended under this subsection.
21.75(22)(b)2.
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 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.
21.75(22)(c)1.1. 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, 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.
21.75(22)(c)2.
2. Upon receipt of the written request under
subd. 1., the insurer shall notify the service member of the due date for paying the premium for the insurance, and the service member shall pay the premium within 30 days after receiving the notice. For the minimum period of reinstatement required under
subd. 1., the insurer may not increase the amount of the premium over the amount that was chargeable before the suspension of the coverage for that period, except to the extent of any general increase in premiums charged by the insurer for the same professional liability coverage for persons similarly covered by such insurance during the period of the suspension.
21.75(22)(d)1.1. Any action or proceeding in any court or before any public agency, as defined in
s. 36.54 (2) (a) 2., based on the alleged professional negligence or other professional liability of a service member whose professional liability insurance coverage has been suspended under
par. (a) shall be stayed until the end of the period of suspension if all of the following apply:
21.75(22)(d)1.a.
a. The action or proceeding was commenced during the period of suspension.
21.75(22)(d)1.b.
b. The action or proceeding is based on an act or omission that occurred before the date on which the period of suspension began.
21.75(22)(d)1.c.
c. The professional liability insurance policy would, except for the suspension, on its face cover the alleged professional negligence or other professional liability of the service member.
21.75(22)(d)2.
2. Whenever an action or proceeding is stayed under
subd. 1., the action or proceeding shall be considered to have been filed on the date on which the service member's coverage is reinstated under
par. (c) 1.
21.75(22)(d)3.
3. In any action or proceeding in which a stay may be granted under
subd. 1., the period during which the professional liability insurance coverage is suspended may not be included in computing any limitations period for commencing the action or proceeding.
21.75(22)(e)
(e) If a service member whose professional liability insurance coverage is suspended under
par. (a) dies during the period of suspension, all of the following apply:
21.75(22)(e)1.
1. The requirement to stay any action or proceeding under
par. (d) 1. terminates on the date of the service member's death.
21.75(22)(e)2.
2. The insurer that suspended the coverage is liable for any claim for damages for the professional negligence or other professional liability of the deceased service member in the same manner and to the same extent as the insurer would be liable if the service member had died while covered by the insurance but before the claim was filed.
21.75(23)
(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.
21.75 History
History: 2001 a. 24,
105;
2003 a. 69.
21.80
21.80
Reemployment rights after national guard, state defense force, or public health emergency service. 21.80(1)(1)
Definitions. In this section:
21.80(1)(a)
(a) "Active service" means any of the following:
21.80(1)(a)1.
1. Active service in the national guard or the state defense force under an order of the governor issued under this chapter or active service in the national guard under
32 USC 502 (f) that is not considered to be service in the uniformed services.
21.80(1)(a)2.
2. Active service with the state laboratory of hygiene under
s. 36.25 (11) (em) for the purpose of assisting the department of health and family services under
s. 250.042 during a state of emergency relating to public health declared by the governor under
s. 166.03 (1) (b) 1.
21.80(1)(a)3.
3. Active service in the national guard under an order of the governor of that state.
21.80(1)(b)
(b) "Employer" means a person engaging in any activity, enterprise, or business in this state employing one or more persons 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. "Employer" also includes a successor-in-interest of a person employing an individual who has provided notice to that person under
sub. (3) (a).
21.80(1)(d)
(d) "Qualified" means having the ability to perform the essential tasks of an employment position.
21.80(1)(e)
(e) "Reasonable efforts" means, with respect to an action required by an employer under
sub. (4) (a) 1.,
2.,
3., or
4., an action that does not place an undue hardship on the employer.
21.80(1)(g)
(g) "Undue hardship" means, with respect to an action required by an employer under
sub. (4) (a) 1.,
2.,
3., or
4., significant difficulty or expense, when considered in light of all of the following:
21.80(1)(g)2.
2. The overall financial resources of the facility involved in providing the action, the number of persons employed at the facility, the effect of providing the action on the resources and finances of the facility, and any other impact of the action on the operation of the facility.
21.80(1)(g)3.
3. The overall financial resources of the employer, the number of persons employed by the employer, and the number, type, and location of the employer's facilities.
21.80(1)(g)4.
4. The type of operation of the employer, including the composition, structure, and functions of the employer's workforce, the geographic separateness from the employer of the facility involved in providing the action, and the administrative and financial relationship of the facility to the employer.
21.80(2)
(2) More generous rights permitted. Nothing in this section prohibits an employer from providing employees who are called into active service with reemployment rights and benefits that are more generous to the employee than the rights and benefits provided under this section.
21.80(3)(a)(a)
Prerequisites. Subject to
par. (d), any person who is a resident of this state and absent from a position of employment because of active service is entitled to the reemployment rights and benefits specified in this section if all of the following apply:
21.80(3)(a)1.
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 service to the person's employer.
21.80(3)(a)2.
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 service or service in the uniformed services does not exceed 5 years.
21.80(3)(a)3.
3. Except as provided in
par. (f), the person reports to the employer or submits an application for reemployment to the employer as required under
par. (e).
21.80(3)(a)4.
4. In the case of active service in the national guard in this or another state or the state defense force, the active service has not been terminated under other than honorable conditions.
21.80(3)(b)
(b)
Notice not required. No notice is required under
par. (a) 1. if the giving of that notice is precluded by military necessity or is otherwise impossible or unreasonable. A determination of military necessity for purposes of this paragraph shall be made according to rules and regulations promulgated by the adjutant general or the federal secretary of defense and is not subject to judicial review.
21.80(3)(c)
(c)
Length of absence limit. The periods of service in the uniformed services described in
38 USC 4312 (c) (1) to (4) and all of the following periods of active service are not included in calculating the 5-year period specified in
par. (a) 2.:
21.80(3)(c)1.
1. Any period of active service, as defined in
sub. (1) (a) 1., beyond that 5-year period that is required to complete an initial period of obligated active service.
21.80(3)(c)2.
2. Any period of active 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 service before the expiration of the 5-year period.
21.80(3)(c)3.
3. Any period of active 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.
21.80(3)(c)4.
4. Any period of active service that was performed by a person who was ordered to, or retained in, active 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.
21.80(3)(d)
(d)
Exceptions. An employer is not required to reemploy a person under this section if the employer shows that any of the following apply:
21.80(3)(d)1.
1. The employer's circumstances have so changed as to make reemployment of the person impossible or unreasonable.
21.80(3)(d)2.
2. The position of employment that the person left to perform active 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.
21.80(3)(d)3.
3. In the case of a person who is entitled to reemployment under
sub. (4) (a) 3. or
4., the accommodations, training, or effort required under
sub. (4) (a) 3. or
4. would pose an undue hardship on the employer.
21.80(3)(e)1.1. Subject to
subds. 4. and
5., if a person who has been absent from a position of employment because of active 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 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 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 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 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.
21.80(3)(e)2.
2. Subject to
subds. 4. and
5., if a person who has been absent from a position of employment because of active 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 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 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.
21.80(3)(e)3.
3. Subject to
subds. 4. and
5., if a person who has been absent from a position of employment because of active 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 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 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.
21.80(3)(e)4.
4. The period of hospitalization or convalescence specified in
subds. 1.,
2., and
3. may not exceed 2 years, except that if through no fault of the person's own it is impossible or unreasonable for the person to report to the employer within the time specified in
subd. 1. or to apply for reemployment within the time specified in
subd. 2. or
3., that 2-year period shall be extended by the minimum period of time required to accommodate the circumstances that made it impossible or unreasonable for the person to report or apply as so required.
21.80(3)(e)5.
5. A person who fails to report to the person's employer within the time specified in
subd. 1. or who fails to apply for reemployment within the time specified in
subd. 2. or
3. does not automatically forfeit the reemployment rights and benefits specified in this section. Instead, the person shall be subject to the rules, policies, and practices of the person's employer pertaining to discipline for unexcused absences from work.
21.80(3)(f)1.1. 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 service or service in the uniformed services does not, except as permitted under
par. (c), exceed 5 years, and, in the case of active service in the national guard or the state defense force, that the person's service was not terminated under other than honorable conditions.
21.80(3)(f)2.
2. An employer may not refuse to reemploy a person who fails to provide any of the documentation specified in
subd. 1. because that documentation does not exist or is not readily available at the time the employer requests that documentation. If after the person is reemployed documentation becomes available that establishes that the person does not meet a requirement specified in
subd. 1., the employer may terminate the person's employment and the provision of any rights and benefits afforded to the person under this section.
