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BUTZLAFF v. DHFS

No. 98-0453.

223 Wis.2d 673 (1998)

590 N.W.2d 9

Steven G. BUTZLAFF, Plaintiff-Respondent, v. STATE of Wisconsin DEPARTMENT OF HEALTH AND FAMILY SERVICES, f/k/a Department of Health and Social Services, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 17, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Richard Briles Moriarty, assistant attorney general.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas H. Brush and Scott A. Seid of Lee, Kilkelly, Paulson & Kabaker, S.C. of Madison.

Before Dykman, P.J., Vergeront and Deininger, JJ.

VERGERONT, J.

This appeal requires us to construe § 103.10(13), STATS., the provision of the Family and Medical Leave Act (FMLA) that governs civil actions under the act. The trial court interpreted § 103.10(13) to permit an employee to file an action for damages for violations of the FMLA regardless of whether the employee had been successful in the administrative proceeding specified in § 103.10(12). The court therefore denied the motion of the Wisconsin...

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