321.65(4)(b)1.1. If 2 or more persons who are entitled to reemployment under
sub. (3) in the same position of employment have reported to the employer or applied for reemployment in that position, the person who left employment first shall have the prior right to reemployment in that position.
321.65(4)(b)2.
2. A person who is entitled to reemployment under
sub. (3), but who is not reemployed because of
subd. 1., shall be entitled to reemployment as provided in
par. (a) 1.,
2.,
3., or
4., whichever is applicable, in a position of employment that provides for similar status and pay as the position described in
subd. 1., consistent with the person's circumstances, with full seniority.
321.65(5)
(5) Rights, benefits, and obligations. 321.65(5)(a)(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.
321.65(5)(b)1.1. 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.
321.65(5)(b)2.
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.
321.65(5)(b)3.
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.
321.65(5)(b)4.
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.
321.65(5)(b)5.
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).
321.65(5)(c)
(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.
321.65(6)
(6) Continuation of health care coverage. 321.65(6)(a)(a)
Option to continue coverage. 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:
321.65(6)(a)1.
1. Eighteen months have elapsed since the person's absence from the position of employment began.
321.65(6)(a)2.
2. The day after the date on which the person is required under
sub. (3) (e) to report to the employer or apply for reemployment.
321.65(6)(b)
(b)
Payment of premiums. A person who elects to continue coverage under
par. (a) and who is absent from a position of employment for 30 days or less may not be required to pay more than the employee share, if any, of the cost of the coverage. A person who elects to continue coverage under
par. (a) and who is absent from a position of employment for more than 30 days may be required to pay up to 102% of the full premium for that coverage for the period of continued coverage that exceeds 30 days.
321.65(6)(c)
(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.
321.65(7)(a)(a)
Complaint. Any person who believes that his or her employer has failed or refused, or is about to fail or refuse, to provide to the person any reemployment right or benefit to which the person is entitled under this section may file a complaint with the adjutant general, in such form as the adjutant general may prescribe by rule, summarizing the allegations that form the basis of the complaint. The adjutant general shall investigate the complaint and, if the adjutant general is reasonably satisfied that the person is entitled to the rights or benefits sought, the adjutant general shall endeavor to resolve the complaint by conference, conciliation, or persuasion. If the adjutant general is not reasonably satisfied that the person is entitled to the rights or benefits sought, the adjutant general may refuse to endeavor to resolve the complaint and shall notify the person who filed the complaint that the person may proceed under
par. (b) 2. to enforce the person's rights under this section. If the adjutant general is not able to resolve the complaint, the adjutant general shall notify the person who filed the complaint that the person may proceed under
par. (b) 1. or
2. to enforce the person's rights under this section.
321.65(7)(b)1.1. A person who receives notification under
par. (a) that the adjutant general was unable to resolve the person's complaint may request the adjutant general to refer the complaint to counsel, which may include the attorney general, appointed by the governor on the recommendation of the adjutant general for the purpose of prosecuting complaints under this subdivision who shall file a complaint for appropriate relief with the department of workforce development.
321.65(7)(b)2.
2. Subdivision 1. does not preclude a person who has chosen not to file a complaint with the adjutant general under
par. (a), whose complaint the adjutant general has refused to endeavor to resolve under
par. (a), or who has chosen not to request the adjutant general to refer his or her complaint to counsel under
subd. 1. from filing a complaint for appropriate relief with the department of workforce development.
321.65(7)(b)3.
3. The department of workforce development shall process a complaint filed under
subd. 1. or
2. in the same manner that employment discrimination complaints are processed under
s. 111.39.
321.65(7)(c)
(c)
Retaliation prohibited. An employer may not discharge or otherwise discriminate against any person for filing a complaint or attempting to enforce a right provided under this section or for testifying or assisting in any action or proceeding to enforce a right provided under this section.
321.65(7)(d)
(d)
Remedies. If the department of workforce development finds that an employer has failed or refused, or is about to fail or refuse, to provide any reemployment right or benefit to which a person is entitled under this section or has discharged or otherwise discriminated against any person in violation of
par. (c), the department of workforce development may order the employer to do any one or more of the following:
321.65(7)(d)1.
1. Take such action as will fully vindicate the rights and benefits of the person under this section.
321.65(7)(d)2.
2. Compensate the person for any loss of wages, salary, or other benefits suffered because of the failure or refusal to provide reemployment rights or benefits under this section or the discharge or other discrimination.
321.65(7)(d)3.
3. Pay the person, as liquidated damages, an amount that is equal to the amount ordered under
subd. 2. if the department of workforce development finds that the failure or refusal to provide reemployment rights or benefits under this section or the discharge or other discrimination was willful.
321.65(7)(d)4.
4. Pay the person costs and reasonable actual attorney fees, if the person is not represented by counsel appointed under
par. (b) 1.
321.65 Annotation
Returning the Veteran to Work. Walther. Wis. Law. July 2006.
321.66
321.66
Leave for Civil Air Patrol service. 321.66(1)(a)
(a) "Emergency service operation" means any of the following operations of the Civil Air Patrol:
321.66(1)(a)1.
1. A search and rescue mission designated by the U.S. air force rescue coordination center; the governor; the adjutant general; or the governing body, chief or acting chief executive officer, or head of emergency management services of any county, city, village, town, or federally recognized American Indian tribe or band in this state.
321.66(1)(a)2.
2. An operation to provide disaster relief or humanitarian services, when requested by the federal emergency management agency; the first air force of the U.S. air force; the Civil Air Patrol national operations center; the governor; the adjutant general; the governing body, chief or acting chief executive officer, or head of emergency management services of any county, city, village, town, or federally recognized American Indian tribe or band in this state; or, in the case of a public health emergency, as defined in
s. 323.02 (16), the department of health services, if that department is designated by the governor under
s. 323.10, or a local health department acting under
s. 251.05 (3) (e).
321.66(1)(a)3.
3. Operations in support of the U.S. air force designated by the first air force of the U.S. air force or the Civil Air Patrol national operations center.
321.66(1)(b)
(b) "Employee" means an individual employed in this state by an employer.
321.66(1)(c)
(c) "Employee's commander" means the Civil Air Patrol commanding officer of the flight, squadron, group, wing, or region to which the employee is assigned, the Civil Air Patrol national commander, or the Civil Air Patrol incident commander or agency liaison for the emergency service operation for which the employee has taken a leave of absence under
sub. (2) (a).
321.66(1)(d)
(d) "Employer" means a person engaging in any activity, enterprise, or business in this state employing at least 11 individuals 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.
321.66(2)(a)(a) Subject to the limitations specified in
par. (b), an employer shall grant a leave of absence without pay to an employee to allow the employee to participate in an emergency service operation if all of the following conditions are met:
321.66(2)(a)2.
2. Prior to the emergency service operation, the employee notifies the employer in writing that the employee is a member of the Civil Air Patrol.
321.66(2)(a)3.
3. For an emergency service operation that begins before the employee is required to report for work, the employee provides a written statement under
par. (c) if required by the employer.
321.66(2)(a)4.
4. For an emergency service operation that begins after the employee reports for work, the employee, in addition to providing a written statement under
par. (c) if required by the employer, secures authorization from the employer to leave work before leaving to participate in the emergency service operation.
321.66(2)(a)5.
5. The leave of absence does not unduly disrupt the operations of the employer.
321.66(2)(b)
(b) No employee may take more than 5 consecutive workdays of leave under
par. (a) or more than 15 days of leave under
par. (a) in any year.
321.66(2)(c)
(c) An employer that grants a leave of absence under
par. (a) to an employee may require the employee to provide a written statement from the employee's commander, or the designated representative of the employee's commander, certifying that the employee was participating in an emergency service operation at the time of the leave of absence.
321.66(2)(d)
(d) For purposes of determining seniority and pay advancement, and for the receipt of employment benefits that may be affected by a leave of absence, the status of an employee who takes a leave of absence under
par. (a) shall be considered to be uninterrupted by the leave of absence.
321.66(3)
(3) Discrimination based on Civil Air Patrol membership prohibited. No employer or other person may do any of the following:
321.66(3)(a)
(a) Refuse to hire or employ an individual, terminate an individual from employment, or discriminate against an individual in promotion, in compensation, or in the terms, conditions, or privileges of employment because the individual is or applies to be a member of the Civil Air Patrol or because the individual performs, has performed, applies to perform, or has an obligation to perform service in the Civil Air Patrol.
321.66(3)(b)
(b) Print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or use any form or application for employment, or make any inquiry in connection with prospective employment, that implies or expresses any limitation, specification, or discrimination with respect to an individual or any intent to make such a limitation, specification, or discrimination because the individual is or applies to be a member of the Civil Air Patrol or because the individual performs, has performed, applies to perform, or has an obligation to perform service in the Civil Air Patrol.
321.66(4)(a)(a) No employer or other person may interfere with, restrain, or deny the exercise of the right of an employee to take a leave of absence as provided in
sub. (2) (a).
321.66(4)(b)
(b) No employer or other person may discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for taking a leave of absence as provided in
sub. (2) (a), opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right under this section, or testifying or assisting in any action or proceeding to enforce any right under this section.
321.66(5)
(5) Enforcement. An employee whose right to take a leave of absence under
sub. (2) (a) is interfered with, restrained, or denied in violation of
sub. (4) (a) or who is refused employment, terminated, discharged, or discriminated against in violation of
sub. (3) or
(4) (b) may file a complaint with the department of workforce development, and that department shall process the complaint in the same manner that employment discrimination complaints are processed under
s. 111.39. If that department finds that an employer or other person has violated
sub. (3) or
(4) (a) or
(b), it may order the employer or other person to take action to remedy the violation, including granting the leave of absence under
sub. (2) (a), reinstating the employee, providing compensation in lieu of reinstatement, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual costs and attorney fees to the complainant.
321.66 History
History: 2009 a. 56;
2011 a. 258.
