An employee may substitute, for portions of bone marrow and organ donation leave, paid or unpaid leave of any other type provided by the employer.
(6) Notice to employer.
If an employee intends to take leave for the purpose of serving as a bone marrow or organ donor, the employee shall do all of the following:
Make a reasonable effort to schedule the bone marrow or organ donation procedure so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the bone marrow or organ donee.
Give the employer advance notice of the bone marrow or organ donation in a reasonable and practicable manner.
If an employee requests bone marrow and organ donation leave, the employer may require the employee to provide certification issued by the health care provider of the bone marrow or organ donee or of the employee, whichever is appropriate, of any of the following:
That the donee has a serious health condition that necessitates a bone marrow or organ transplant.
That the employee is eligible and has agreed to serve as a bone marrow or organ donor for the donee.
The amount of time expected to be necessary for the employee to recover from the bone marrow or organ donation procedure.
(8) Position upon return from leave. 103.11(8)(a)(a)
Subject to par. (c)
, when an employee returns from bone marrow and organ donation leave, his or her employer shall immediately place the employee in an employment position as follows:
If the employment position that the employee held immediately before the bone marrow and organ donation leave began is vacant when the employee returns, in that position.
If the employment position that the employee held immediately before the bone marrow and organ donation leave began is not vacant when the employee returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment, and other terms and conditions of employment.
No employer may, because an employee received bone marrow and organ donation leave, reduce or deny an employment benefit that accrued to the employee before his or her leave began or, consistent with sub. (9)
, accrued after his or her leave began.
Notwithstanding par. (a)
, if an employee on bone marrow and organ donation leave wishes to return to work before the end of the leave as scheduled, the employer shall place the employee in an employment position of the type described in par. (a) 1.
within a reasonable time not exceeding the duration of the leave as scheduled.
(9) Employment right, benefit, or position. 103.11(9)(a)(a)
Except as provided in par. (b)
, nothing in this section entitles a returning employee to a right, employment benefit, or employment position to which the employee would not have been entitled had he or she not taken bone marrow and organ donation leave or to the accrual of any seniority or employment benefit during a period of bone marrow and organ donation leave.
Subject to par. (c)
, during a period an employee takes bone marrow and organ donation leave, his or her employer shall maintain group health insurance coverage under the conditions that applied immediately before the bone marrow and organ donation leave began. If the employee continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employee had not taken the bone marrow and organ donation leave.
An employer may require an employee to have in escrow with the employer an amount equal to the entire premium or similar expense for 8 weeks of the employee's group health insurance coverage, if coverage is required under par. (b)
An employee may pay the amount required under subd. 1.
in equal installments at regular intervals over at least a 12-month period. An employer shall deposit the payments at a financial institution in an interest-bearing account.
Subject to subd. 4.
, an employer shall return to the employee any payments made under subd. 1.
, plus interest, when the employee ends his or her employment with the employer.
If an employee ends his or her employment with an employer during or within 30 days after a period of bone marrow and organ donation leave, the employer may deduct from the amount returned to the employee under subd. 3.
any premium or similar expense paid by the employer for the employee's group health insurance coverage while the employee was on bone marrow and organ donation leave.
If an employee ends his or her employment with an employer during or at the end of a period of bone marrow and organ donation leave, the period for conversion to individual coverage under s. 632.897 (6)
shall be calculated as beginning on the day on which the employee began the period of bone marrow and organ donation leave.
(10) Alternative employment.
Nothing in this section prohibits an employer and an employee who is serving as a bone marrow or organ donor from mutually agreeing to alternative employment for the employee while the employee recovers from the bone marrow or organ donation procedure. No period of alternative employment, with the same employer, reduces the employee's right to bone marrow and organ donation leave.
No person may interfere with, restrain, or deny the exercise of any right provided under this section.
No person may discharge or in any other manner discriminate against any individual for opposing a practice prohibited under this section.
Section 111.322 (2m)
applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.
An employee who believes his or her employer has violated sub. (11) (a)
may, within 30 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. The department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation, or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227
. The hearing shall be held within 60 days after the department receives the complaint.
The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a)
, it may order the employer to take action to remedy the violation, including providing the requested bone marrow and organ donation leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual attorney fees to the complainant.
An employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (11)
after the completion of an administrative proceeding, including judicial review, concerning the same violation.
An action under par. (a)
shall be commenced within the later of the following periods, or be barred:
Within 60 days from the completion of an administrative proceeding, including judicial review, concerning the same violation.
Twelve months after the violation occurred, or the department or employee should reasonably have known that the violation occurred.
Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. Any employer who violates this subsection shall forfeit not more than $100 for each offense.
Any person employing at least 25 individuals shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice describing the person's policy with respect to leave for the reasons described in sub. (4)
This section does not apply to employees, as defined in s. 230.03 (10h)
, who are allowed to take a leave of absence under s. 230.35 (2d) (b)
for the purpose of serving as bone marrow or organ donors.
History: 2015 a. 345
Local regulation of employment benefits; statewide concern; uniformity. 103.12(1)(1)
The legislature finds that each employer in this state should be allowed to determine the employment benefits the employer provides to its employees without interference by local governments. The legislature finds that the absence of such local regulations is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county regulating the employment benefits an employer provides to its employees would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of the legislature's intent to allow each employer to determine the employment benefits the employer provides to its employees. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform regulation throughout the state regarding the employment benefits an employer may be required to provide to its employees.
In this section, “employment benefit” means anything of value, other than wages and salary, that an employer makes available to an employee, including a retirement, pension, profit sharing, insurance, or leave benefit.
Except as provided in ss. 103.10 (1m) (d)
and 103.11 (2) (d)
, no city, village, town, or county may enact or enforce an ordinance requiring an employer to provide certain employment benefits to its employees, to provide a minimum level of employment benefits to its employees, or to prescribe the terms or conditions of employment benefits provided to its employees.
Except as provided in ss. 103.10 (1m) (d)
and 103.11 (2) (d)
, if a city, village, town, or county has in effect on April 18, 2018, an ordinance requiring an employer to provide certain employment benefits or to provide a minimum level of employment benefits to its employees, the ordinance does not apply and may not be enforced.
History: 2017 a. 327
Records open to employee. 103.13(1)(1)
In this section, “employee" includes former employees.
(2) Open records.
Every employer shall, upon the request of an employee, which the employer may require the employee to make in writing, permit the employee to inspect any personnel documents which are used or which have been used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records, except as provided in subs. (5)
. An employee may request all or any part of his or her records, except as provided in sub. (6)
. The employer shall grant at least 2 requests by an employee in a calendar year, unless otherwise provided in a collective bargaining agreement, to inspect the employee's personnel records as provided in this section. The employer shall provide the employee with the opportunity to inspect the employee's personnel records within 7 working days after the employee makes the request for inspection. The inspection shall take place at a location reasonably near the employee's place of employment and during normal working hours. If the inspection during normal working hours would require an employee to take time off from work with that employer, the employer may provide some other reasonable time for the inspection. In any case, the employer may allow the inspection to take place at a time other than working hours or at a place other than where the records are maintained if that time or place would be more convenient for the employee.
(2m) Employee records during an emergency.
Notwithstanding sub. (2)
, during the public health emergency declared on March 12, 2020, by executive order 72, an employer is not required to provide an employee's personnel records within 7 working days after an employee makes a request to inspect his or her personnel records, and an employer is not required to provide the inspection at a location reasonably near the employee's place of employment during normal working hours.
(3) Personnel record inspection by representative.
An employee who is involved in a current grievance against the employer may designate in writing a representative of the employee's union, collective bargaining unit or other designated representative to inspect the employee's personnel records which may have a bearing on the resolution of the grievance, except as provided in sub. (6)
. The employer shall allow such a designated representative to inspect that employee's personnel records in the same manner as provided under sub. (2)
(4) Personnel record correction.
If the employee disagrees with any information contained in the personnel records, a removal or correction of that information may be mutually agreed upon by the employer and the employee. If an agreement cannot be reached, the employee may submit a written statement explaining the employee's position. The employer shall attach the employee's statement to the disputed portion of the personnel record. The employee's statement shall be included whenever that disputed portion of the personnel record is released to a 3rd party as long as the disputed record is a part of the file.
(5) Medical records inspection.
The right of the employee or the employee's designated representative under sub. (3)
to inspect personnel records under this section includes the right to inspect any personal medical records concerning the employee in the employer's files. If the employer believes that disclosure of an employee's medical records would have a detrimental effect on the employee, the employer may release the medical records to the employee's physician or through a physician designated by the employee, in which case the physician may release the medical records to the employee or to the employee's immediate family.
The right of the employee or the employee's designated representative under sub. (3)
to inspect his or her personnel records does not apply to:
Records relating to the investigation of possible criminal offenses committed by that employee.
Any portion of a test document, except that the employee may see a cumulative total test score for either a section of the test document or for the entire test document.
Materials used by the employer for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for the employer's planning purposes.
Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
An employer who does not maintain any personnel records.
Records relevant to any other pending claim between the employer and the employee which may be discovered in a judicial proceeding.
The right of the employee or the employee's representative to inspect records includes the right to copy or receive a copy of records. The employer may charge a reasonable fee for providing copies of records, which may not exceed the actual cost of reproduction.
(7m) Employment discrimination.
Section 111.322 (2m)
applies to discharge and other discriminatory acts in connection with any proceeding under this section.
Any employer who violates this section may be fined not less than $10 nor more than $100 for each violation. Each day of refusal or failure to comply with a duty under this section is a separate violation.
Grooming requirement; notification.
Each employer shall, at the time of hiring, notify each employee about any hairstyle, facial hair or clothing requirement.
Restrictions on use of an HIV test. 103.15(1)(a)
“Employer" includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
“HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
“HIV infection" means the pathological state produced by a human body in response to the presence of HIV.
“State epidemiologist" means the individual designated by the secretary of health services as the individual in charge of communicable disease control for this state.
Notwithstanding ss. 227.01 (13)
and 227.10 (1)
, unless the state epidemiologist determines and the secretary of health services declares under s. 250.04 (1)
or (2) (a)
that individuals who have HIV infections may, through employment, provide a significant risk of transmitting HIV to other individuals, no employer or agent of an employer may directly or indirectly:
Solicit or require an HIV test as a condition of employment of any employee or prospective employee.
Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains an HIV test, as defined in s. 252.01 (2m)
Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking an HIV test is prohibited, except as provided under sub. (2) (intro.)
A police and fire commission is an “employer" under this section and may not test paramedic candidates for the HIV virus. 77 Atty. Gen. 181
The Rights of an AIDS Victim in Wisconsin. Smigelski. 70 MLR 55 (1986).
Seats for employees; penalty.
Every employer employing employees in any manufacturing, mechanical or mercantile establishment in this state shall provide suitable seats for its employees, and shall permit the use of those seats by its employees when the employees are not necessarily engaged in the active duties for which they are employed. Any employer who violates this section may be fined not less than $10 nor more than $30 for each offense.
History: 1975 c. 94
s. 91 (17)
; 1997 a. 253
Employee's cash bonds to be held in trust; duty of employer; penalty. 103.165(1)(1)
Where any person requests any employee to furnish a cash bond, the cash constituting such bond shall not be mingled with the moneys or assets of such person demanding the same, but shall be deposited by such person in a bank, trust company, savings bank or savings and loan association doing business in this state whose deposits or shares are insured by a federal agency to the extent of $10,000, as a separate trust fund, and it shall be unlawful for any person to mingle such cash received as a bond with the moneys or assets of any such person, or to use the same. No employer shall deposit more than $10,000 with any one depository. The bank book, certificate of deposit or other evidence thereof shall be in the name of the employer in trust for the named employee, and shall not be withdrawn except after an accounting had between the employer and employee, said accounting to be had within 10 days from the time relationship is discontinued or the bond is sought to be appropriated by the employer. All interest or dividends earned by such sum deposited shall accrue to and belong to the employee and shall be turned over to said employee as soon as paid out by the depository. Such deposit shall at no time and in no event be subject to withdrawal except upon the signature of both the employer and employee or upon a judgment or order of a court of record.
In the event of the failure of any person, such moneys on deposit shall constitute a trust fund for the benefit of the persons who furnished such bonds and shall not become the property of the assignee, receiver or trustee of such insolvent person.