RICHARD SCHOOL DIST. v. DILHR

No. 90-1750.

166 Wis.2d 262 (1991)

479 N.W.2d 579

RICHLAND SCHOOL DISTRICT, Petitioner-Appellant-Cross Respondent, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, EQUAL RIGHTS DIVISION, Respondent, James RUDER, Respondent-Cross Appellant.

Court of Appeals of Wisconsin.

Decided December 19, 1991.


Attorney(s) appearing for the Case

For the petitioner-appellant-cross respondent, Richland School District, the cause was submitted on the briefs of Kirk D. Strang and Kelly Bogart of Godfrey & Kahn of Madison and Green Bay. Oral argument by Kirk D. Strang and Kelly Bogart.

For the respondent, Department of Industry, Labor and Human Relations, Equal Rights Division, the cause was submitted on the briefs of Donald J. Hanaway, attorney general, with Laura Dulski, assistant attorney general. Oral argument by Richard Moriarty.

For the respondent-cross appellant, James Ruder, the cause was submitted on the briefs of Melissa A. Cherney and Kathleen Heiman of Wisconsin Education Association Council of Madison. Oral argument by Melissa A. Cherney.

For the Amicus Curiae, Center for Public Representation, the cause was submitted on the briefs of Susan Brehm and Jacqueline Rolfs of Madison.

For the Amicus Curiae, Wisconsin Association of Manufacturers and Commerce, the cause was submitted on the briefs of Thomas W. Scrivner and Scott C. Beightol of Michael, Best & Friedrich of Milwaukee.

Before Gartzke, P.J., Dykman and Sundby, JJ.


GARTZKE, P.J.

The Department of Industry, Labor and Human Relations issued a make-whole order for lost pay in favor of James Ruder against Richland School District, his employer. The order results from the district's refusal to substitute paid leave Ruder accumulated with the district for unpaid leave he took under the Wisconsin Family and Medical Leave Act (FMLA), sec. 103.10, Stats. The department also ordered the district to pay Ruder $3,075.00 for attorney's fees...

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