Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.01 - Definitions and scope

Current through June 24, 2024
(1) When used in this chapter or in s.
				103.11,
				Stats.:
(a) "12-month period," as used in s.
				103.11(4),
				Stats., means a calendar year commencing at 12:01 a.m. on January 1 and ending
				at midnight on December 31 each year.
Note:
Section
				  103.11(4),
				  Stats., specifies requirements for taking bone marrow and organ donation leave
				  and limits the leave to no more than 6 weeks in a 12-month
				  period.
(b) "12-month
				period," as used in s.
				103.11(9) (c)
				2, Stats., means a period of 365 consecutive
				days commencing with the date the first payment is required by an employer to
				be paid by an employee under s.
				103.11(9)
				(c), Stats.
Note:
Section
				  103.11(9) (b)
				  and (c), Stats., applies to employers who
				  maintain group health insurance coverage for employees. If an employee takes
				  bone marrow and organ donation leave, then, during the period of the leave, s.
				  103.11(9)
				  (b), Stats., requires the employer to
				  maintain the coverage under the same conditions that applied immediately before
				  the leave began. Section
				  103.11(9) (c)
				  1, Stats., allows the employer to require the
				  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 an employer requires an employee to have that amount in escrow, s.
				  103.11(9) (c)
				  2, Stats., allows the employee to pay the
				  amount to the employer in equal installments at regular intervals over at least
				  a 12-month period.
(c)
				"Administrative law judge" means the examiner appointed to conduct hearings
				under s.
				103.11(12),
				Stats.
(d) "Complainant" means the
				person who files a complaint alleging a violation under s.
				103.11,
				Stats.
(e) "Day" means a calendar
				day. When used in time computations, "day" means a calendar day, except that if
				the last day of the time period is a Saturday, Sunday, or legal holiday, the
				last day shall be the next business day.
(f) "Department" means the Wisconsin
				department of workforce development.
(g) "Employee" means an individual employed
				in this state by an employer.
(h)
				"Employer" means a person engaging in any activity, enterprise, or business in
				this state employing at least 50 individuals on a permanent basis, and 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.
(i)
				"Filing" means the physical or electronic receipt of a document by the
				department, including receipt by hand delivery, U.S. mail, facsimile, email, or
				receipt on the department's website.
(j) "Group health insurance coverage" means
				the entire health insurance package offered by an employer including, medical,
				dental, or vision insurance.
(k)
				"Probable cause" means a reasonable ground for belief, supported by facts and
				circumstances strong enough in themselves to warrant a prudent person in the
				belief that one or more actions prohibited by s.
				103.11(11),
				Stats., probably has been or is being committed.
(l) "Respondent" means the person or agency
				alleged to have committed one or more actions prohibited by s.
				103.11(11),
				Stats.
(m) " Week" as used in s.
				103.11(3)
				(b), Stats., means 7 consecutive
				days.