LRB-1960/1
GMM:wlj:jf
2007 - 2008 LEGISLATURE
March 23, 2007 - Introduced by Senators Hansen, Decker and Sullivan,
cosponsored by Representatives
Turner, Sinicki, Travis, Berceau and
Sheridan. Referred to Committee on Veterans and Military Affairs,
Biotechnology and Financial Institutions.
SB109,1,3
1An Act to create 103.06 and 106.54 (8) of the statutes;
relating to: a
2requirement that all employers in this state grant a paid leave of absence on
3Veterans Day to employees who are veterans.
Analysis by the Legislative Reference Bureau
Under current law, November 11 (Veterans Day) is a legal holiday. This bill
requires that every public and private employer in this state grant to each employee
who is a veteran a paid leave of absence for the entire workday on Veterans Day, or
on the following Monday if Veterans Day falls on a Saturday or Sunday. Under the
bill, for employees who are included in a collective bargaining unit, the paid leave of
absence is granted only if so provided in a collective bargaining agreement.
The bill prohibits an employer from discharging or discriminating against an
employee in promotion, in compensation, or in the terms, conditions, or privileges of
employment for taking a paid leave of absence on Veterans Day; 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 who is 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. That
processing may include the ordering of back pay, reinstatement, or compensation in
lieu of reinstatement.
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:
SB109, s. 1
1Section
1. 103.06 of the statutes is created to read:
SB109,2,2
2103.06 Paid leave of absence on Veterans Day. (1) In this section:
SB109,2,33
(a) "Employee" means an individual employed in this state by an employer.
SB109,2,84
(b) "Employer" means a person engaging in any activity, enterprise, or business
5in this state. "Employer" includes the state and any office, department, independent
6agency, authority, institution, association, society, or other body in state government
7created or authorized to be created by the constitution or any law, including the
8legislature and the courts.
SB109,2,119
(c) "Veteran" means any individual who has served on active duty under
10honorable conditions in the U.S. armed forces or in forces incorporated as part of the
11U.S. armed forces.
SB109,2,17
12(2) (a) Subject to par. (b), an employer shall grant to each employee who is a
13veteran a paid leave of absence on November 11, or on the following Monday if
14November 11 falls on a Saturday or Sunday. The leave of absence shall be for the
15entire workday. If an employee intends to take a leave of absence under this
16paragraph, the employee shall, in a reasonable and practicable manner, give the
17employer advance notice of the leave of absence.
SB109,3,218
(b) For employees whose wages, hours, and conditions of employment are
19determined in a collective bargaining agreement, par. (a) applies only if the paid
20leave of absence on November 11, or on the following Monday if November 11 falls
1on a Saturday or Sunday, is provided in an applicable collective bargaining
2agreement.
SB109,3,8
3(3) An employer may not discharge or discriminate against an employee in
4promotion, in compensation, or in the terms, conditions, or privileges of employment
5for taking a paid leave of absence as provided in sub. (2), opposing a practice
6prohibited under this section, filing a complaint or attempting to enforce any right
7under this section, or testifying or assisting in any action or proceeding to enforce any
8right under this section.
SB109,3,12
9(4) An employee who is discharged or discriminated against in violation of sub.
10(3) may file a complaint with the department, and the department shall process the
11complaint in the same manner that employment discrimination complaints are
12processed under s. 111.39.
SB109, s. 2
13Section
2. 106.54 (8) of the statutes is created to read:
SB109,3,1614
106.54
(8) The division shall receive complaints under s. 103.06 (4) and shall
15process the complaints in the same manner that employment discrimination
16complaints are processed under s. 111.39.
