Wis. Admin. Code Department of Workforce Development DWD 226.02 - When and how leave taken

(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.

(b) If an employer has a written policy which requires notice of scheduled partial absences to be in writing, if this policy governs all employees of the employer within this state, and if the employee has been made aware of this policy, the employee shall advise the employer under this subsection in writing.

(4)

(a) An employee shall be deemed to have given the employer "advance notice of the bone marrow or organ donation in a reasonable and practicable manner" within the meaning of s. 103.11 (6) (b), Stats., if the notice identifies the planned dates of the leave and is given to the employer by the employee with reasonable promptness after the employee learns of the probable necessity of the leave.

(b) If the employer has a written policy which requires notice of leave under s. 103.11(6) (b), Stats., to be in writing, if this policy governs all employees of the employer within this state, and if the employee has been made aware of this policy, the notice required by s. 103.11(6) (b), Stats., shall be in writing, except where precluded by the need for health care consultation or treatment.

(5) An employee shall be deemed to have made "a reasonable effort" to schedule a leave so that it does not "unduly disrupt the employer's operations" within the meaning of s. 103.11(6) (a), Stats., if all of the following apply:

(a) The employee provides the employer with a proposed schedule for the leave with reasonable promptness after the employee learns of the probable necessity of the leave.

(b) Except where precluded by the need for health care consultation or treatment, the proposed schedule under par. (a) is sufficiently definite that the employer is able to schedule replacement employees, to the extent replacement employees need to be scheduled, to cover the absence of the employee taking the leave.

(6) Leave requested by an employee may be denied by an employer if the employee substantially fails to provide the employer with notice of the leave as required under s. 103.11(6), Stats., as interpreted by this section. For purposes of this subsection, an employee is considered to have substantially failed to provide proper notice if the employee fails to do at least 2 of the following:

(a) Provide the notice in writing.

(b) Identify the planned dates of leave.

(c) Provide a proposed schedule for leave with reasonable promptness.

(d) Provide a proposed schedule that is sufficiently definite to allow the employer to schedule replacements, if needed.

(7) Except where emergency health care consultation or treatment is required, an employer may deny a requested leave where the employer has made a request for certification that complies with s. 103.11(7), Stats., as to that leave, and the employee requesting the leave fails or refuses, after that proper request, to substantially comply with s. 103.11(7), Stats., as to certification.

(8) Leave under this section is available for only the period necessary for the employee to undergo the bone marrow or organ donor procedure or to recover from that procedure. Family or medical leave under s. 103.10, Stats., may also be available to qualified employees. An employer may not designate leave under this section to run concurrently with family or medical leave under s. 103.10, Stats.

Note: Leave under this section may run concurrently with family or medical leave for which an employee is eligible under the federal family and medical leave act, 29 USC 2601 et seq.

(9) No more than 6 weeks of bone marrow and organ donation leave may be taken in a 12-month period. Bone marrow and organ donation leave that begins in one 12-month period and ends in the subsequent 12-month period may not exceed 6 weeks. In this subsection, "12-month period" has the meaning given in s. DWD 226.01 (1) (a).

Notes

Wis. Admin. Code Department of Workforce Development DWD 226.02

Adopted by, CR 21-097: cr. Register June 2022 No. 798, eff. 7/1/2022