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Military Duty Leave for Employees in Wisconsin

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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Wisconsin employers must provide employees with leave for military duty in accordance with these state rules.

An employee in Wisconsin who enlists or is inducted or ordered into federal active duty for 90 days or more, and an employee whose services are requested by the federal government for national defense work as a civilian during a national emergency, who leaves a permanent position is entitled to reemployment after completion of federal active duty or services.

A resident of Wisconsin who is absent from an employment position because of active state service as a member of the national guard or with the state laboratory of hygiene for purposes of assisting the department of health services during a state of emergency relating to public health declared by the governor, is entitled to reemployment rights and benefits if certain conditions are met.

Reinstatement

An employee seeking reinstatement to a permanent position after federal active duty or service must be restored to the position that was left to enter the military service or to a position of like seniority, status and pay and salary advancement, unless the employer's circumstances have so changed as to make it impossible or unreasonable to do so. However, the following requirements must be met prior to reinstatement:

  • the ability to perform the duties of the position;
  • a certificate of satisfactory completion of military service is presented;
  • application for reemployment is made within 90 days after release from service, or six months after release from service-related hospitalization; and
  • the military service was not for more than five years, except when extended by law.

Persons who take military leave are to be treated as if their employment was not interrupted by absence (except for receipt of pay), and they are entitled to participate in insurance or other benefits according to the established rules and practices relating to employees on furlough or leave.

Employees cannot be discharged from a reinstated position without cause for one year.

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