AB 231

Under current state law, an employer, including the state, that employs at least

50 individuals on a permanent basis must permit an employee to take six weeks of

family leave in a 12-month period and two weeks of medical leave in a 12-month

period (state family and medical leave law). Similarly, under current federal law, an

employer, including a state, that employs at least 50 individuals for each working day

for 20 or more weeks in the current or preceding calendar year must permit an

employee to take 12 weeks of family or medical leave in a 12-month period (federal

family and medical leave law).

Currently, under the state family and medical leave law, an employee who

believes that his or her employer has denied any right provided under that law or

retaliated against the employee for opposing a practice prohibited under that law

may file a complaint with the Department of Workforce Development (DWD) within

30 days after the employee knew or should have known of the violation, and an

employee who believes that his or her employer has retaliated against the employee

for initiating, testifying in, or assisting in a proceeding under that law may file a

complaint with DWD within 300 days after the alleged retaliation occurred.

Currently, under the federal family and medical leave law, an employee who believes

that his or her employer has denied any right provided under that law, retaliated

against the employee for opposing a practice prohibited under that law, or retaliated

against the employee for initiating, testifying in, or assisting in a proceeding under

that law may file a complaint with the federal secretary of labor or bring an action

in court within two years after the date of the last event constituting the alleged

violation or, if the violation was willful, within three years after that event.

This bill conforms the time limit for filing a complaint under the state family

and medical leave law to the time limits for filing a complaint under the federal

family and medical leave law. Specifically, the bill extends the time limit for filing

a complaint with DWD alleging that an employer has denied any right provided

under the state family and medical leave law, retaliated against the employee for

opposing a practice prohibited under that law, or retaliated against the employee for

initiating, testifying in, or assisting in a proceeding under that law to two years after

the date of the last event constituting the alleged violation of the law or, if the

violation was willful, three years after that event.

Under current law, a determination by DWD on the issue of whether an

employee has been denied family or medical leave in violation of the state family and

medical leave law or has been retaliated against for opposing a practice prohibited

under that law may not be appealed to the Labor and Industry Review Commission

(LIRC), but rather may be appealed directly to the circuit court (judicial review),

while a determination by DWD on the issue of whether an employee has been

retaliated against for initiating, testifying in, or assisting in a proceeding under that

law may be appealed to LIRC prior to judicial review. This bill permits a