The time within which a complaint may be filed or a civil action may be brought alleging a violation of the family and medical leave law and the procedures governing an appeal of a determination of the Department of Workforce Development under that law

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 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 to be appealed to LIRC in the same manner as an appeal of 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 the state family and medical leave law.

Under current law, an employee or DWD may bring a civil action in circuit court against an employer to recover damages caused by a violation of the state family and medical leave law. Currently, a civil action under the state family and medical leave law is barred unless commenced within the later of 60 days after the completion of an administrative proceeding, including judicial review, concerning the violation or 12 months after the violation occurred or the employee or DWD reasonably should have known that the violation occurred. This bill provides that such a civil action is barred unless commenced within the later of those 60 days or two years after the date of the last event constituting the alleged violation or, if the violation was willful, three years after that event.