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BUTZLAFF v. WISCONSIN PERSONNEL COMMISSION

No. 91-1728.

166 Wis.2d 1028 (1992)

480 N.W.2d 559

Steven G. BUTZLAFF, Petitioner-Respondent, v. WISCONSIN PERSONNEL COMMISSION, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided January 28, 1992.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Stephen M. Sobota, assistant attorney general.

On behalf of the petitioner-respondent, the cause was submitted on the brief of Thomas H. Brush of Lee, Kilkelly, Paulson & Kubaker, S.C. of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The Wisconsin Personnel Commission appeals a judgment reversing its decision to dismiss Steven Butzlaff's complaint which alleged that the Department of Health and Social Services discriminated against him in violation of the Family and Medical Leave Act (FMLA), sec. 103.10, Stats. The commission argues that the trial court erred by failing to give deference to the commission's decision and that the FMLA does not apply to Butzlaff because he was not employed...

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