reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.23 - Pay status and witness fees for state employee parties and state employee witnesses

Current through June 24, 2024
(1) PAY STATUS OF STATE EMPLOYEE PARTIES.
				State civil service employees who, as parties, are interviewed as part of
				investigations or who appear at pre-hearing conferences, conciliation sessions,
				or hearings, whether held in person or via telephone, shall do so without loss
				of state salary and with reimbursement by the employing agency for travel
				expenses in accordance with the uniform travel schedule amounts established
				under s.
				20.916(8),
				Stats.
(2) PAY STATUS OF STATE
				EMPLOYEE WITNESSES. State civil service employees who are interviewed as part
				of investigations or who attend hearings as witnesses, whether held in person
				or via telephone, shall do so without loss of state salary and with
				reimbursement by the employing agency for travel expenses in accordance with
				the uniform travel schedule amounts established under s.
				20.916(8),
				Stats.
(3) WITNESS FEES FOR STATE
				CIVIL SERVICE EMPLOYEES. State civil service employees who attend hearings as
				witnesses shall be entitled only to that compensation specified in sub.
				(2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 224 - Whistleblower protection › Section DWD 224.24 - Filing of documents by facsimile transmission or electronic mail

Current through June 24, 2024
(1)
				FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION.
(a) Except where otherwise directed by the
				division, documents may be filed by facsimile transmission. Documents filed by
				facsimile transmission shall include a cover sheet setting forth all of the
				following information:
1. The name of the
				sender.
2. The individual to whom
				the transmission is directed, if that individual is known.
3. The number of pages being transmitted,
				including the cover sheet.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.001 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement the provisions of
				  s.
				  103.10,
				  Stats., providing for family and medical leave for employees in certain cases
				  and prohibiting certain practices by establishing interpretations of the
				  provisions of that section to assist in its implementation.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.01 - Definitions and scope

Current through June 24, 2024
(1) When used in this chapter or in s.
				103.10,
				Stats.:
(a) "Act" means s.
				103.10,
				Stats., unless the context requires otherwise.
(b) "Action prohibited" means one or more
				actions or inactions prohibited by the act.
(bm) "Agency" means 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.
(c) "Administrative law judge" means the
				examiner appointed to conduct hearings arising under s.
				103.10(12),
				Stats.
(d) "Child", "Christian
				Science practitioner", "employee", "employer", "employment benefit", "health
				care provider", "parent", "serious health condition: and "spouse" have the same
				definitions as in the act.
(e)
				"Complainant" means the person who files a complaint alleging that an action
				prohibited by the act has been committed.
(f) "Days" means calendar days unless the
				context requires otherwise. When used in time computations in this chapter,
				"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.
(g) "Division" means the equal
				rights division of the Wisconsin department of workforce development.
(h) "Filing" means the physical receipt of a
				document.
(i) "Group health
				insurance coverage" means the entire health insurance package offered by an
				employer including without limitation medical, dental and vision
				insurance.
(j) "Person" includes
				but is not limited to one or more individuals, partnerships, associations,
				corporations, joint stock or mutual companies, bodies politic or corporate,
				unincorporated organizations, trusts, legal representatives, trustees or
				receivers.
(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 an
				action prohibited by s.
				103.10(11),
				Stats., probably has been or is being committed.
(L) "Respondent" means the person or agency
				alleged to have committed an action prohibited by the act.
(m) The words "a 12-month period," as used in
				s.
				103.10(3) (a) and (4)
				(b), Stats., mean a calendar year commencing
				at 12:01 a.m. on January 1 and ending at midnight on December 31 each
				year.
(n) The words "a 12-month
				period", as used in s.
				103.10(9)
				(c) 2, Stats., mean a period of 365
				consecutive days commencing with the date the first payment is required by an
				employer to be paid by an employee pursuant to s.
				103.10(9)
				(c), Stats.
(o) The words "week" and "weeks", as used in
				s.
				103.10(2)
				(c), Stats., mean 7 consecutive calendar
				days.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.02 - When and how leave taken

Current through June 24, 2024
(1) The leave
				allowed under the act may be taken in non-continuous increments. An employee
				may schedule and take partial absence leave, as provided in s.
				103.10(3)
				(d), Stats., or medical leave as provided in
				s.
				103.10(4)
				(c), Stats., in actual increments of less
				than a full workday if the employer allows any other leave to be taken in
				increments of less than a full workday. The duration of the shortest increment
				available to the employee under the act shall be equal to the shortest
				increment the employer allows to be taken by that employee for any other
				non-emergency leave.
(2) For
				purposes of the partial absence leave authorized by s.
				103.10(3)
				(d), Stats., the word "week" as used in s.
				103.10(3)
				(a), Stats., means 5 days of leave which
				would otherwise be workdays for the requesting employee.
(3)
(a) An
				employee shall be deemed to have scheduled partial absence, for the reasons
				described in s.
				103.10(3) (b)
				1 and 2., Stats., in a fashion that "does not
				unduly disrupt the employer's operations" within the meaning of s.
				103.10(3)
				(d), Stats.,
1. If the employee provides the employer with
				notice of the employee's proposed schedule of partial absence which is at least
				as much notice as the shortest notice that employee is required to give the
				employer for the taking of any other non-emergency or non-medical leave,
				and
2. If the schedule is
				sufficiently definite for the employer to be able to schedule replacement
				employees, to the extent replacement employees are required, to cover for the
				absences.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.03 - Substituting leave

Current through June 24, 2024
(1) At the option of the employee, an
				employee entitled to family or medical leave under the act may substitute, for
				any leave requested under the act, any other paid or unpaid leave which has
				accrued to the employee.
(2) Leave
				substituted for leave available under the act will be credited, for purposes of
				using up the leave available under the act, to the extent the substituted leave
				is actually used by the employee calculated in no less than the increments
				available pursuant to s.
				DWD
				225.02(1).
(3) The employer may not require an employee
				to substitute any other paid or unpaid leave available to the employee for
				either family or medical leave under the act.
(4) If any other type of leave is substituted
				for family or medical leave, and any seniority or employment benefit would
				normally accrue during the taking of that other type of leave, that seniority
				or employment benefit shall accrue during the taking of that substituted
				leave.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.031 - Consecutive leave

Current through June 24, 2024
If any employee chooses to utilize leave provided under s.
				  103.10(3) or
				  (4), Stats., the employee may not extend
				  leave taken by adding leave of any other type provided by the employer,
				  unless:
(1) The employee meets the
				employer's requirements for taking the other leave which are in effect for all
				employees; or
(2) The employer
				consents to the extension.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.04 - Continuation of insurance

Current through June 24, 2024
(1) The employee
				shall be deemed to be continuing to make the contributions required of the
				employee under group health insurance coverage within the meaning of s.
				103.10(9)
				(b), Stats., if the employee pays the
				contribution required by the employer within the time required by the
				employer.
(2) The employer may not
				require the employee to pay the employee's contribution, except into escrow as
				provided by s.
				103.10(9)
				(c), Stats., more frequently, or in greater
				amounts, than was required of the employee prior to the leave being
				taken.
(3) The employer may not
				deny leave under this act based upon nonpayment by the employee into the escrow
				account.
(4) In the event an
				employer requires an employee to fund an escrow account under s.
				103.10(9)
				(c), Stats., the employer may pay from the
				escrow account the amount of the employee's contribution which either is or
				becomes due during any leave taken under the act.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.05 - Time to commence administrative proceedings

Current through June 24, 2024
If an employer is not in compliance with the notice posting
				  requirements of s.
				  103.10(14)
				  (a), Stats., at the time a violation occurs
				  under s.
				  103.10,
				  Stats., an employee complaining of that violation shall be deemed not to
				  "reasonably have known" that a violation occurred within the meaning of s.
				  103.10(12)
				  (b), Stats., until either the first date that
				  the employer comes into compliance with s.
				  103.10(14)
				  (a), Stats., by posting the required notice,
				  or the first date that the employee obtains actual knowledge of the information
				  contained in the required notice, whichever date occurs earlier. If the
				  employer is not in compliance with the notice posting requirements of s.
				  103.10(14)
				  (a), Stats., at the time a violation occurs
				  under s.
				  103.10,
				  Stats., the employer has the burden of proving actual knowledge on the part of
				  the employee within the meaning of this section.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.06 - Complaints

Current through June 24, 2024
(1) WHO MAY FILE COMPLAINT. A complaint may
				be filed by any person or by the person's duly authorized representative. A
				complaint filed by a representative shall state that the representative is
				authorized to file the complaint.
(2) WHERE TO FILE COMPLAINTS.
(a) A complaint may be filed in person with
				any division office, or it may be mailed or sent by facsimile transmission to
				one of the following division offices:
1.
				Equal Rights Division, 201 East Washington Avenue, Madison, WI 53702. Facsimile
				number: 608-267-4592.
2. Equal
				Rights Division, 819 North 6th Street, Milwaukee, WI 53203. Facsimile number:
				414-227-4084.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.07 - Complainant's duty to respond to correspondence from the department

Current through June 24, 2024
The department may dismiss the complaint if the complainant
				  fails to respond to the department within 20 days from the date of mailing of
				  any correspondence from the department concerning the complaint, provided that
				  correspondence was sent by certified mail, return receipt requested, to the
				  last known address of the complainant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.08 - Notification of respondent

Current through June 24, 2024
(1) WHEN NOTICE IS
				TO BE SENT. The department shall serve a copy of a complaint which meets the
				requirements of s.
				DWD
				225.06 upon each respondent prior to the commencement
				of any investigation.
(2) CONTENT
				OF NOTICE. The notice shall include a copy of the complaint, which shall
				indicate on its face the date the complaint was filed. The notice shall direct
				the respondent to respond in writing to the allegations of the complaint within
				a time period specified by the department. The notice shall further state that,
				if the respondent fails to answer the complaint in writing, the department may
				make an initial determination as to whether a prohibited act has occurred based
				only on the department's investigation and the information supplied by the
				complainant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.09 - Preliminary review of complaints

Current through June 24, 2024
(1) REVIEW OF
				COMPLAINT. The department shall review every complaint filed to determine all
				of the following:
(a) Whether the complainant
				is protected by the act.
(b)
				Whether the respondent is subject to the act.
(c) Whether the complaint states a claim for
				relief under the act.
(d) Whether
				the complaint was filed within the time period set forth in the act, if that
				issue is raised in writing by the respondent.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.10 - Investigations

Current through June 24, 2024
(1) CONDUCT OF INVESTIGATION. The department
				shall investigate all complaints that satisfy the review under s.
				DWD
				225.09. In conducting investigations under this
				chapter, the department may seek the cooperation of all persons to provide
				requested materials to the department; to obtain access to premises, records,
				documents, individuals, and other possible sources of information; to examine,
				record, and copy necessary materials, and to take statements of persons
				reasonably necessary for the furtherance of the investigation. The department
				may subpoena persons or documents for the purpose of the investigation.
				Subpoenas may be enforced pursuant to s.
				885.11,
				Stats.
(2) ADVISING COMPLAINANT TO
				AMEND COMPLAINT. If, during an investigation, it appears that the respondent
				may have committed a prohibited act which is not alleged in the complaint, the
				department may advise the complainant that the complaint should be
				amended.
(3) DISMISSAL OF COMPLAINT
				PRIOR TO COMPLETION OF INVESTIGATION.
(a) The
				department may dismiss a complaint prior to completion of an investigation
				under the following circumstances:
1. The
				complainant has failed to respond to correspondence from the department
				concerning the complaint within 20 days after the correspondence was sent by
				certified mail to the last-known address of the person filing the complaint, in
				accordance with the provisions of s.
				DWD
				225.07.
2.
				The complainant signed a valid waiver and release of claims arising out of the
				complainant's employment with the respondent that would preclude the department
				from finding that the respondent has violated the act.
3. The allegations in the complaint have been
				previously dismissed by the department or by a state or federal
				court.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.11 - Initial determination

Current through June 24, 2024
(1) GENERAL. At the conclusion of the
				investigation, the department shall issue a written initial determination which
				shall state whether or not there is probable cause to believe that a prohibited
				act occurred as alleged in the complaint. This initial determination shall set
				forth the facts upon which its conclusion is based and shall be served upon the
				parties.
(2) INITIAL DETERMINATION
				OF PROBABLE CAUSE. If the department initially determines that there is
				probable cause to believe that any prohibited act occurred as alleged in the
				complaint, it shall certify the case to hearing. A hearing on the merits shall
				thereafter be noticed and conducted in accordance with the provisions of ss.
				DWD 225.15 to
				225.24.
(3) INITIAL DETERMINATION OF NO PROBABLE
				CAUSE. If the department initially determines that there is no probable cause
				to believe that a prohibited act occurred as alleged in the complaint, it may
				dismiss those allegations. The department shall, by a notice to be incorporated
				in the initial determination, notify the parties and their attorneys of record
				of the complainant's right to appeal as provided in s.
				DWD
				225.12.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.12 - Appeal of initial determination of no probable cause

Current through June 24, 2024
(1) WHEN FILED.
				Within 10 days after the appeal of an initial determination finding that there
				is no probable cause, a complainant may file a written request for a hearing on
				the issue of probable cause. The request for hearing shall state specifically
				the grounds upon which the appeal is based. The department shall notify the
				respondent that an appeal has been filed within 10 days of receiving the
				appeal.
(2) DISMISSAL FINAL IF NO
				APPEAL FILED. If no timely written request for a hearing is filed, the initial
				determination's order of dismissal shall be the final determination of the
				department.
(3) CERTIFICATION TO
				HEARING ON ISSUE OF PROBABLE CAUSE; RIGHT TO STIPULATE THAT CASE BE DECIDED ON
				MERITS. If a timely appeal is filed, the division shall issue a notice
				certifying the matter to hearing. A hearing on the issue of probable cause
				shall be noticed and conducted in accordance with the provisions of ss.
				DWD 225.15 and
				225.17 to
				225.24, except that the parties may
				stipulate prior to the hearing that the administrative law judge may decide the
				case on the merits. If a hearing on the issue of probable cause is requested in
				a case in which the initial determination also found probable cause with
				respect to one or more issues, the department may, with the consent of the
				parties, consolidate the hearing on probable cause and the hearing on the
				merits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.13 - Private settlement and conciliation

Current through June 24, 2024
The parties may enter into an agreement to settle the
				  complaint at any time during the proceedings, with or without assistance by the
				  department. The department may assist the parties to reach a settlement
				  agreement. The parties shall notify the department immediately upon reaching a
				  settlement.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.14 - Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing

Current through June 24, 2024
A complaint may be dismissed based upon the conditions set
				  forth in s.
				  DWD
				  225.09(1) or for any other procedural
				  basis after the case is certified to hearing under either s.
				  DWD
				  225.11(2) or
				  225.12(3). In
				  determining whether to dismiss the complaint, the administrative law judge may
				  consider documents and affidavits presented by any party and may hold a hearing
				  to allow the parties to establish facts that may have a bearing on whether the
				  complaint should be dismissed. If the administrative law judge issues an order
				  dismissing the complaint under this section, a certified copy of the order and
				  a notice of appeal rights shall be sent by first class mail to the last known
				  address of each party and to their attorneys of record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.15 - Notice of hearing

Current through June 24, 2024
(1) CONTENT. In any matter which has been
				certified to hearing following an initial determination of probable cause under
				s.
				DWD
				225.09(1) or an appeal of an initial
				determination of no probable cause under s.
				DWD
				225.11(2), the department shall
				advise the parties and their representatives and attorneys of record in writing
				by first-class mail, of the specific time, date and place established for the
				hearing. The notice of hearing shall fully identify the parties and the case
				number. It shall specify a time and date for hearing not less than 10 days
				after the date of mailing of the notice of hearing. The notice of hearing shall
				specify the nature of the prohibited act that is alleged to have occurred and
				shall state the legal authority on which the hearing is based. A copy of the
				complaint shall be attached to the notice of hearing.
(2) PLACE OF HEARING. The hearing shall be
				held in the county where the alleged prohibited act occurred, or at another
				location with the consent of the parties. For purposes of this subsection, the
				county where the alleged prohibited act occurred is the county where the
				respondent resides or where the alleged violation occurred.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.16 - Answer

Current through June 24, 2024
(1) WHEN REQUIRED. Within 10 days after the
				date of a notice of hearing on the merits, each respondent shall file with the
				hearing section of the division an answer to the allegations of the complaint
				upon which there is a finding of probable cause, along with a certification
				that a copy of the answer has been mailed to all other parties.
(2) CONTENT OF ANSWER. The answer shall
				contain the respondent's current address. It shall also contain a specific
				admission, denial or explanation of each allegation of the complaint. If the
				respondent is without knowledge or information sufficient to form a belief as
				to the truth of an allegation in the complaint, the respondent shall so state
				and this shall have the effect of a denial. Admissions or denials may be to all
				or part of an allegation, but shall fairly meet the substance of the
				allegation. Any affirmative defense relied upon by a respondent shall be raised
				in the answer unless it has previously been raised by motion in writing.
				Failure to raise an affirmative defense in a timely filed answer may, in the
				absence of good cause, be held to constitute a waiver of such a
				defense.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.17 - Pre-hearing conference

Current through June 24, 2024
In any case which has been certified to hearing, a
				  pre-hearing conference may be held in accordance with the provisions of s.
				  227.44(4),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.18 - Prehearing discovery

Current through June 24, 2024
(1) WHEN DISCOVERY MAY BEGIN. Discovery may
				not be used prior to the time that a matter is certified to hearing, except
				that the taking and preservation of evidence shall be permitted prior to
				certification to hearing under the circumstances set forth in s.
				227.45(7),
				Stats.
(2) DISCOVERY DIRECTED TO A
				PARTY NOT REPRESENTED BY LEGAL COUNSEL. In the case of discovery directed to a
				party who is not represented by legal counsel, the party seeking that discovery
				shall, not less than 10 days prior to conducting such discovery, state in
				writing that it intends to seek discovery. The party seeking discovery shall
				send this notice to the party who is not represented by legal counsel, and the
				chief of the hearing section or the administrative law judge, if one has been
				assigned to the case. All copies of demands for discovery and notices of
				depositions shall be filed with the department at the time they are served upon
				the party from whom the discovery is sought. Copies of responses to discovery
				by an unrepresented party and the original transcript of any deposition of an
				unrepresented party shall be filed with the department by the party which
				instituted those discovery requests as soon as practicable after the discovery
				has been taken.
(3) SCOPE, METHODS
				AND USE OF DISCOVERY. The scope of discovery, the methods of discovery and the
				use of discovery at hearing shall be the same as set forth in ch. 804,
				Stats.
(4) FAILURE TO COMPLY WITH
				DISCOVERY REQUESTS; DUTY TO CONSULT WITH OPPOSING PARTY. The administrative law
				judge may compel discovery, issue protective orders, and impose sanctions in
				the manner provided under ch. 804, Stats. All motions to compel discovery or
				motions for protective orders shall be accompanied by a statement in writing by
				the party making the motion that, after consultation in person or by telephone
				with the opposing party and sincere attempts to resolve their differences, the
				parties are unable to reach agreement. The statement shall state the date and
				place of such consultation and the names of all parties participating in the
				consultation.
(5) FILING WITH THE
				DEPARTMENT. Copies of discovery requests and responses to discovery requests
				need not be filed with the division, except as required under sub.
				(2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.19 - Subpoenas and motions

Current through June 24, 2024
(1) SUBPOENAS. The department or a party's
				attorney of record may issue a subpoena to compel the attendance of a witness
				or the production of documents. A subpoena issued by an attorney shall be in
				substantially the same form as provided in s.
				805.07(4),
				Stats., and shall be served in the manner provided in s.
				805.07(5),
				Stats. Witnesses summoned by a subpoena who are not employees of the civil
				service as defined in s.
				230.03(6),
				Stats., shall be entitled to the witness and mileage fees set forth in s.
				814.67(1) (a)
				and (c), Stats. The cost of service, witness
				and mileage fees shall be paid by the person issuing the subpoena. Subpoenas
				may be enforced pursuant to s.
				885.12,
				Stats.
(2) MOTIONS. Motions made
				during a hearing may be stated orally and shall, with the ruling of the
				administrative law judge, be included in the record of the hearing. All other
				motions shall be in writing and shall state briefly the relief requested and
				the grounds upon which the moving party is entitled to relief. All written
				motions shall be filed with the administrative law judge assigned to the case.
				Any briefs or other papers in support of a motion, including affidavits and
				documentary evidence, shall be filed with the motion. Any party opposing the
				motion may file a written response. All written motions shall be decided
				without further argument unless requested by the administrative law
				judge.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.20 - Disqualification of the administrative law judge

Current through June 24, 2024
Upon the administrative law judge's own motion, or upon a
				  timely and sufficient affidavit filed by any party, the administrative law
				  judge shall determine whether to disqualify himself or herself because of
				  personal bias or other reason. The administrative law judge's determination
				  shall be made a part of the record and decision in the case.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.21 - Exchange of names of witnesses and copies of exhibits

Current through June 24, 2024
By no later than the tenth day prior to the hearing, the
				  parties shall file with the division and serve upon the other party a written
				  list of the names of witnesses and copies of the exhibits that the parties
				  intend to use at the hearing. For the purpose of this section, service is
				  complete on mailing rather than on receipt. The administrative law judge may
				  exclude witnesses and exhibits not identified in a timely fashion pursuant to
				  this section. This section does not apply to witnesses and exhibits offered in
				  rebuttal which the party could not reasonably have anticipated using prior to
				  the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.22 - Hearings

Current through June 24, 2024
(1) PROCEDURE. Hearings shall be conducted in
				conformity with the act and with the provisions of ch. 227, Stats.
(2) POSTPONEMENTS AND CONTINUANCES. All
				requests for postponements shall be filed with the administrative law judge
				within 10 days after the notice of hearing, except where emergency
				circumstances arise after the notice is issued but prior to the hearing. The
				party requesting a postponement shall mail a copy of the request to all other
				parties at the time the request is filed with the division. Postponements and
				continuances may be granted only for good cause shown and shall not be granted
				solely for the convenience of the parties or their attorneys.
(3) APPEARANCE OF PARTIES. Parties may appear
				at the hearing in person and by counsel or other representative.
(4) FAILURE TO APPEAR AT HEARING. If the
				complainant fails to appear at the hearing, either in person or by a
				representative authorized to proceed on behalf of the complainant, the
				administrative law judge shall dismiss the complaint. If the respondent fails
				to appear at the hearing, the hearing shall proceed as scheduled. If within 10
				days after the date of hearing, any party who fails to appear shows good cause
				in writing for the failure to appear, the administrative law judge may reopen
				the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.23 - Record of hearing

Current through June 24, 2024
(1) METHOD OF RECORDING HEARING. A
				stenographic, electronic, or other record of oral proceedings shall be made at
				all hearings conducted under the act. Any party wishing to have a court
				reporter present to transcribe the proceedings shall be permitted to do so at
				their own expense. If the hearing is recorded on tape or digitally, the
				original recording shall remain in the division for 5 years following the
				hearing, after which it may be discarded.
(2) REQUIREMENTS FOR PREPARATION OF
				TRANSCRIPTS. Any party may file a transcript of the hearing with the division.
				The transcript shall be prepared by an independent, reputable court reporter or
				transcriptionist. The transcript shall include a certification by the
				transcriptionist that it is an original, verbatim transcript of the
				proceedings.
(3) COST FOR
				TRANSCRIPTION OF RECORD. Transcription of the record for purposes other than
				judicial review shall be at the expense of any party who requests the
				transcription. For the purpose of judicial review, the department shall prepare
				at its own expense and provide to the court a transcript of the record, unless
				a transcript has already been prepared at the expense of the parties. If a
				transcript has been provided to the court for the purpose of judicial review,
				the department shall provide a copy of the transcript at no cost to any party
				that submits a sworn affidavit of indigency and the inability to obtain funds
				to pay for a transcript.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.24 - Decision and order

Current through June 24, 2024
(1) GENERAL. After the close of the hearing,
				including any briefs that may be allowed by the administrative law judge, the
				administrative law judge shall prepare a formal written decision which shall
				include findings of fact, conclusions of law and an order, and which may be
				accompanied by an opinion.
(2)
				DECISION AND ORDER AFTER HEARING ON THE ISSUE OF PROBABLE CAUSE. After a
				hearing on the issue of probable cause, the administrative law judge shall
				issue a decision and order which dismisses the allegations of the complaint or
				which orders that the case be certified for a hearing on the merits of the
				complaint, depending upon the administrative law judge's findings and
				conclusions on the issue of probable cause. If the decision of the
				administrative law judge determines that no probable cause exists, a certified
				copy of the decision and order and a notice of appeal rights shall be sent by
				first class mail to the last known address of each party and to their attorneys
				of record. A decision and order finding no probable cause may be appealed to
				court if it is a final decision and order as defined in s.
				DWD
				225.25(1).
(3) DECISION AND ORDER AFTER HEARING ON THE
				MERITS. After a hearing on the merits, the administrative law judge shall issue
				a decision and an order that shall either dismiss the allegations of the
				complaint or shall order such action by the respondent as shall effectuate the
				purposes of the act, depending upon the administrative law judge's findings and
				conclusions on the merits of the complaint. A certified copy of the decision
				and order and a notice of appeal rights shall be sent by first class mail to
				the last known address of each party and to their attorneys of
				record.
(4) COMPUTATION OF
				INTEREST. Interest on any award made pursuant to this subchapter shall be added
				to that award and computed at an annual rate of 12% simple interest. Interest
				shall be computed by calendar quarter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.25 - Appeals

Current through June 24, 2024
(1) APPEALS LIMITED TO FINAL DECISIONS AND
				ORDERS. Any party may seek judicial review of a final decision and order of the
				administrative law judge. Only final decisions and orders of the administrative
				law judge may be appealed. A final decision is one that disposes of the entire
				complaint and leaves no further proceedings on that complaint pending before
				the division.
(2) NOTICE OF APPEAL
				RIGHTS. Every decision and order of an administrative law judge under s.
				DWD 225.24
				shall be accompanied by a separate notice advising the parties of their rights
				to seek judicial review of the decision pursuant to the act.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.26 - Pay status and witness fees for state employee parties and state employee witnesses

Current through June 24, 2024
(1) PAY STATUS OF STATE EMPLOYEE PARTIES.
				State civil service employees who, as parties, are interviewed as part of
				investigations or who appear at pre-hearing conferences, conciliation sessions,
				or hearings, whether held in person or via telephone, shall do so without loss
				of state salary and with reimbursement by the employing agency for travel
				expenses in accordance with the uniform travel schedule amounts scheduled under
				s.
				20.916(8),
				Stats.
(2) PAY STATUS OF STATE
				EMPLOYEE WITNESSES. State civil service employees who are interviewed as part
				of investigations or who attend hearings as witnesses, whether held in person
				or via telephone, shall do so without loss of state salary and with
				reimbursement by the employing agency for travel expenses in accordance with
				the uniform travel schedule amounts scheduled under s.
				20.916(8),
				Stats.
(3) WITNESS FEES FOR STATE
				CIVIL SERVICE EMPLOYEES. State civil service employees who attend hearings as
				witnesses shall be entitled only to that compensation specified in sub.
				(2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 225 - Family and medical leave › Section DWD 225.27 - Filing of documents by facsimile transmission or electronic mail

Current through June 24, 2024
(1)
				FILING OF DOCUMENTS BY FACSIMILE TRANSMISSION.
(a) Except where otherwise directed by the
				division, documents may be filed by facsimile transmission. Documents filed by
				facsimile transmission shall include a cover sheet setting forth all of the
				following information:
1. The name of the
				sender.
2. The individual to whom
				the transmission is directed, if that individual is known.
3. The number of pages being transmitted,
				including the cover sheet.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.001 - Purpose

Current through June 24, 2024
This chapter implements the provisions of s.
				  103.11,
				  Stats., providing for bone marrow and organ donor leave for employees in
				  certain cases and prohibiting certain practices by establishing interpretations
				  of the provisions of that section to assist in its
				  implementation.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.02 - When and how leave taken

Current through June 24, 2024
(1) The leave
				allowed under s.
				103.11,
				Stats., may be taken in noncontinuous increments. An employee may schedule and
				take partial absence leave in actual increments of less than a full workday if
				the employer allows any other leave to be taken in increments of less than a
				full workday. The duration of the shortest increment available to the employee
				under s.
				103.11,
				Stats., shall be equal to the shortest increment the employer allows to be
				taken by that employee for any other nonemergency leave. Such partial leave
				must be necessary for the employee to undergo the bone marrow or organ donation
				procedure and to recover from it.
(2) For partial leave purposes, a "week"
				means 5 days of leave which would otherwise be workdays for the requesting
				employee.
(3)
(a) An employee shall be deemed to have
				scheduled partial absence that does not " unduly disrupt the employer's
				operations" within the meaning of s.
				103.11(6)
				(a), Stats., if all of the following apply:
1. The employee provides the employer with
				notice of the employee's proposed schedule of partial absence which is at least
				as much notice as the shortest notice that employee is required to give the
				employer for the taking of any other nonemergency or nonmedical
				leave.
2. The schedule under subd.
				1. is sufficiently definite for the employer to be able to schedule replacement
				employees, to the extent replacement employees are required, to cover for the
				absences.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.03 - Substituting leave

Current through June 24, 2024
(1) An employee entitled to bone marrow or
				organ donor leave under s.
				103.11,
				Stats., may substitute, for any leave requested under s. DWD 226.02, any other
				paid or unpaid leave which has accrued to the employee.
(2) Leave substituted for leave available
				under this section shall be calculated as specified in s. DWD 226.02
				(1).
(3) The employer may not
				require an employee to substitute any other paid or unpaid leave available to
				the employee for either bone marrow or organ donation leave under s.
				103.11,
				Stats.
(4) If any other type of
				leave is substituted for bone marrow and organ donor leave, and any seniority
				or employment benefit would normally accrue during the taking of that other
				type of leave, that seniority or employment benefit shall accrue during the
				taking of that substituted leave.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.031 - Consecutive leave

Current through June 24, 2024
If an employee chooses to use leave provided under s.
				  103.11(4),
				  Stats., the employee may not extend leave taken by adding leave of any other
				  type provided by the employer, unless any of the following applies:
(1) The employee meets the employer's
				requirements for taking the other leave which are in effect for all
				employees.
(2) The employer
				consents to the extension.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.04 - Continuation of insurance

Current through June 24, 2024
(1) An employee
				shall be deemed to be continuing to make the contributions required of the
				employee under group health insurance coverage within the meaning of s.
				103.11(9)
				(b), Stats., if the employee pays the
				contribution required by the employer within the time required by the
				employer.
(2) The employer may not
				require the employee to pay the employee's contribution, except into escrow as
				provided by s.
				103.11(9)
				(c), Stats., more frequently, or in greater
				amounts, than was required of the employee before the leave being
				taken.
(3) The employer may not
				deny leave under s.
				103.11,
				Stats., based upon nonpayment by the employee into the escrow
				account.
(4) In the event an
				employer requires an employee to fund an escrow account under s. 103. 11 (9)
				(c), Stats., the employer may pay from the escrow account the amount of the
				employee's contribution which either is or becomes due during any leave taken
				under s.
				103.11,
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.05 - Time to commence administrative proceedings

Current through June 24, 2024
If an employer is not in compliance with the notice posting
				  requirements of s.
				  103.11(14)
				  (a), Stats., when a violation occurs under s.
				  103.11,
				  Stats., an employee complaining of that violation shall be deemed not to
				  "reasonably have known" that a violation occurred within the meaning of s.
				  103.11(12)
				  (a), Stats., at the time of the violation or
				  the first date that the employee obtains actual knowledge of the information
				  contained in the required notice, whichever date occurs earlier. If the
				  employer is not in compliance with the notice posting requirements of s.
				  103.11(14)
				  (a), Stats., when a violation occurs under s.
				  103.11,
				  Stats., the employer has the burden of proving actual knowledge on the part of
				  the employee within the meaning of this section.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.06 - Complaints

Current through June 24, 2024
(1) WHO MAY FILE A COMPLAINT. A complaint may
				be filed by any person or by the person's duly authorized representative. A
				complaint filed by a representative shall state that the representative is
				authorized to file the complaint.
(2) WHERE TO FILE COMPLAINT.
(a) A complaint may be filed on the
				department's website or filed in person or by mail, facsimile transmission, or
				email to the office of the department's equal rights division.
(b) A complaint filed by facsimile
				transmission shall conform with the requirements of s. DWD 226.26 (1).
Note:
The offices of the department's equal
				  rights division are at the following addresses:
1. Equal Rights Division, 201 East Washington
				Avenue, Madison, WI 53703; PO Box 8928, Madison, WI 53708. Facsimile:
				608-327-6001. Email address: ERInfo@dwd.wisconsin.gov.
2. Equal Rights Division, 819 North 6th
				Street, Milwaukee, WI 53203. Facsimile: 414-227-4084. Email address:
				ERInfo@dwd.wisconsin.gov. Access to the division's Milwaukee office is on the
				7th Street side of the building.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.07 - Complainant's duty to respond to correspondence from the department

Current through June 24, 2024
The department may dismiss the complaint if the complainant
				  fails to respond to the department within 20 days from the date of mailing of
				  any correspondence from the department concerning the complaint, provided that
				  correspondence was sent by certified mail, return receipt requested, to the
				  last known address of the complainant. The department may send certified or
				  regular mail to determine whether the complainant wishes to continue pursuing
				  the case or for other reasons determined to be appropriate by the department.
				  If regular mail is not returned to the department, there is a presumption that
				  it was received by the complainant.