Military Duty Leave for Employees in Wisconsin

Any person in Wisconsin who leaves private or unclassified public employment (other than a temporary position) for active service in the U.S. military, national guard or national defense work is eligible for military leave privileges.

Reinstatement. Any person in Wisconsin who leaves private or unclassified public employment (other than a temporary position) for active service in the U.S. military, national guard or national defense work 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 restoration: (1) ability to perform the duties of the position; (2) a certificate of satisfactory completion of military service is presented; (3) application for reemployment is made within 90 days after release from service, or six months after release from service-related hospitalization; and (4) the military service was not for more than four 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.

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