LRB-3434/3
GMM:bjk:nwn
2007 - 2008 LEGISLATURE
March 5, 2008 - Introduced by Representatives Murtha, Mursau, Turner,
Petersen
and A. Ott, cosponsored by Senator Kapanke. Referred to
Committee on Homeland Security and State Preparedness.
AB914,1,5 1An Act to create 21.82, 106.54 (8) and 111.91 (2) (gr) of the statutes; relating
2to:
a requirement that an employer grant an unpaid leave of absence to allow
3an employee to participate in an emergency service operation of the Civil Air
4Patrol and prohibiting discrimination in employment based on Civil Air Patrol
5membership.
Analysis by the Legislative Reference Bureau
Current law requires an employer to grant to an employee a leave of absence
from employment without pay for certain purposes, including to vote, serve as an
election official, serve on a jury, and testify in a criminal proceeding. Current law also
requires a state agency to grant to a state employee a leave of absence with pay for
certain purposes, including to serve as a bone marrow or organ donor, attend national
guard or military reserves training, report for a preinduction physical for military
service, serve on a jury, and compete in promotional examinations or interviews. In
addition, current law permits a state agency to grant to a state employee a leave of
absence with pay to allow the state employee to participate in providing specialized
disaster relief services for the American Red Cross.
Moreover, current law prohibits discrimination in employment on the basis of
military service, which includes refusing to hire or employ an individual,
terminating an individual from employment, or discriminating 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 U.S. armed

forces, the state defense force, the national guard, or any reserve component of the
U.S. armed forces or because the individual performs, has performed, applies to
perform, or has an obligation to perform service in the U.S. armed forces, the state
defense force, the national guard, or any reserve component of the U.S. armed forces.
This bill requires an employer employing at least 11 individuals on a
permanent basis to grant a leave of absence without pay of not more than five
consecutive workdays or more than 15 workdays in a year to an employee to allow
the employee to participate in an emergency service operation of the Civil Air Patrol,
that is, a search and rescue mission, an operation to provide disaster relief or
humanitarian services, or an operation in support of the U.S. air force, if all of the
following apply:
1. The employee is a member of the Civil Air Patrol.
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.
3. For an emergency service operation that begins before the employee is
required to report for work, the employee provides a written statement from the
employee's commander certifying that the employee was participating in an
emergency service operation at the time of the leave of absence, if required by the
employer.
4. For an emergency service operation that begins after the employee reports
for work, the employee, in addition to providing that written statement if required
by the employer, secures authorization from the employer to leave work before
leaving to participate in the emergency service operation.
5. The leave of absence does not unduly disrupt the operations of the employer.
In addition, the bill prohibits discrimination in employment on the basis of
membership in the Civil Air Patrol. Specifically, the bill prohibits an employer or any
other person from: 1) refusing to hire or employ an individual, terminating an
individual from employment, or discriminating 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; and 2) printing or circulating any statement,
advertisement, or publication, or using any form or application for employment or
making 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.
The bill also prohibits an employer from interfering with, restraining, or
denying the exercise of the right of an employee to take a leave of absence to
participate in an emergency service operation of the Civil Air Patrol and from
discharging or discriminating against an employee in promotion, in compensation,
or in the terms, conditions, or privileges of employment for taking such a leave of
absence; opposing a discharge or discrimination in violation of the bill; filing a

complaint or attempting to enforce a right under the bill; or testifying or assisting
in any action or proceeding to enforce a right under the bill.
An employee whose right to take a leave of absence to participate in an
emergency service operation of the Civil Air Patrol is interfered with, restrained, or
denied or who is refused employment, terminated, discharged, or discriminated
against in violation of the bill may file a complaint with the Department of Workforce
Development (DWD), and DWD must process the complaint in the same manner that
employment discrimination complaints are processed under current law. If DWD
finds that an employer has interfered with, restrained, or denied the right of an
employee to take a leave of absence to participate in an emergency service operation
of the Civil Air Patrol or has refused employment to, terminated, discharged, or
discriminated against an employee in violation of the bill, DWD may order the
employer to take action to remedy the violation, including granting that leave of
absence, reinstating the employee, providing compensation in lieu of reinstatement,
providing back pay accrued not more than two years before the complaint was filed,
and paying reasonable actual costs and attorney fees to the complainant.
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:
AB914, s. 1 1Section 1. 21.82 of the statutes is created to read:
AB914,3,2 221.82 Leave for Civil Air Patrol service. (1) Definitions. In this section:
AB914,3,43 (a) "Emergency service operation" means any of the following operations of the
4Civil Air Patrol:
AB914,3,95 1. A search and rescue mission designated by the U.S. air force rescue
6coordination center, the governor; the adjutant general; or the governing body, chief
7or acting chief executive officer, or head of emergency management services of any
8county, city, village, town, or federally recognized American Indian tribe or band in
9this state.
AB914,4,610 2. An operation to provide disaster relief or humanitarian services, when
11requested by the federal emergency management agency; the first air force of the
12U.S. air force; or the Civil Air Patrol national operations center; the governor; the

1adjutant general; the governing body, chief or acting chief executive officer, or head
2of emergency management services of any county, city, village, town, or federally
3recognized American Indian tribe or band in this state; or, in the case of a public
4health emergency, as defined in s. 166.02 (7), the department of health and family
5services, if that department is designated by the governor under s. 166.03 (1) (b) 1.,
6or a local health department acting under s. 251.05 (3) (e).
AB914,4,87 3. Operations in support of the U.S. air force designated by the first air force
8of the U.S. air force or the Civil Air Patrol national operations center.
AB914,4,99 (b) "Employee" means an individual employed in this state by an employer.
AB914,4,1410 (c) "Employee's commander" means the Civil Air Patrol commanding officer of
11the flight, squadron, group, wing, or region to which the employee is assigned, the
12Civil Air Patrol national commander, or the Civil Air Patrol incident commander or
13agency liaison for the emergency service operation for which the employee has taken
14a leave of absence under sub. (2) (a).
AB914,4,2015 (d) "Employer" means a person engaging in any activity, enterprise, or business
16in this state employing at least 11 individuals on a permanent basis. "Employer"
17includes the state and any office, department, independent agency, authority,
18institution, association, society, or other body in state government created or
19authorized to be created by the constitution or any law, including the legislature and
20the courts.
AB914,4,24 21(2) Unpaid leave required. (a) Subject to the limitations specified in par. (b),
22an employer shall grant a leave of absence without pay to an employee to allow the
23employee to participate in an emergency service operation if all of the following
24conditions are met:
AB914,4,2525 1. The employee is a member of the Civil Air Patrol.
AB914,5,2
12. Prior to the emergency service operation, the employee notifies the employer
2in writing that the employee is a member of the Civil Air Patrol.
AB914,5,53 3. For an emergency service operation that begins before the employee is
4required to report for work, the employee provides a written statement under par.
5(c) if required by the employer.
AB914,5,96 4. For an emergency service operation that begins after the employee reports
7for work, the employee, in addition to providing a written statement under par. (c)
8if required by the employer, secures authorization from the employer to leave work
9before leaving to participate in the emergency service operation.
AB914,5,1010 5. The leave of absence does not unduly disrupt the operations of the employer.
AB914,5,1211 (b) No employee may take more than 5 consecutive workdays of leave under
12par. (a) or more than 15 days of leave under par. (a) in any year.
AB914,5,1713 (c) An employer that grants a leave of absence under par. (a) to an employee
14may require the employee to provide a written statement from the employee's
15commander, or the designated representative of the employee's commander,
16certifying that the employee was participating in an emergency service operation at
17the time of the leave of absence.
AB914,5,2118 (d) For purposes of determining seniority and pay advancement, and for the
19receipt of employment benefits that may be affected by a leave of absence, the status
20of an employee who takes a leave of absence under par. (a) shall be considered to be
21uninterrupted by the leave of absence.
AB914,5,23 22(3) Discrimination based on Civil Air Patrol membership prohibited. No
23employer or other person may do any of the following:
AB914,6,424 (a) Refuse to hire or employ an individual, terminate an individual from
25employment, or discriminate against an individual in promotion, in compensation,

1or in the terms, conditions, or privileges of employment because the individual is or
2applies to be a member of the Civil Air Patrol or because the individual performs, has
3performed, applies to perform, or has an obligation to perform service in the Civil Air
4Patrol.
AB914,6,125 (b) Print or circulate or cause to be printed or circulated any statement,
6advertisement, or publication, or use any form or application for employment or
7make any inquiry in connection with prospective employment, that implies or
8expresses any limitation, specification, or discrimination with respect to an
9individual or any intent to make such a limitation, specification, or discrimination
10because the individual is or applies to be a member of the Civil Air Patrol or because
11the individual performs, has performed, applies to perform, or has an obligation to
12perform service in the Civil Air Patrol.
AB914,6,15 13(4) Prohibited acts. (a) No person may interfere with, restrain, or deny the
14exercise of the right of an employee to take a leave of absence as provided in sub. (2)
15(a).
AB914,6,2116 (b) No person may discharge or discriminate against an employee in promotion,
17in compensation, or in the terms, conditions, or privileges of employment for taking
18a leave of absence as provided in sub. (2) (a), opposing a practice prohibited under
19this section, filing a complaint or attempting to enforce any right under this section,
20or testifying or assisting in any action or proceeding to enforce any right under this
21section.
AB914,7,8 22(5) Enforcement. An employee whose right to take a leave of absence under
23sub. (2) (a) is interfered with, restrained, or denied in violation of sub. (4) (a) or who
24is refused employment, terminated, discharged, or discriminated against in
25violation of sub. (3) or (4) (b) may file a complaint with the department of workforce

1development, and that department shall process the complaint in the same manner
2that employment discrimination complaints are processed under s. 111.39. If that
3department finds that an employer has violated sub. (3) or (4) (a) or (b), it may order
4the employer to take action to remedy the violation, including granting the leave of
5absence under sub. (2) (a), reinstating the employee, providing compensation in lieu
6of reinstatement, providing back pay accrued not more than 2 years before the
7complaint was filed, and paying reasonable actual costs and attorney fees to the
8complainant.
AB914, s. 2 9Section 2. 106.54 (8) of the statutes is created to read:
AB914,7,1210 106.54 (8) The division shall receive complaints under s. 21.82 (5) and shall
11process the complaints in the same manner that employment discrimination
12complaints are processed under s. 111.39.
AB914, s. 3 13Section 3. 111.91 (2) (gr) of the statutes is created to read:
AB914,7,1514 111.91 (2) (gr) The right of an employee to take leave to participate in an
15emergency service operation of the Civil Air Patrol under s. 21.82 (2) (a).
AB914, s. 4 16Section 4. Initial applicability.
AB914,7,2017 (1) This act first applies to an employee who is affected by a collective
18bargaining agreement that contains provisions inconsistent with this act on the day
19on which the collective bargaining agreement expires or is extended, modified, or
20renewed, whichever occurs first.
AB914,7,2121 (End)
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