Butzlaff v. State Department of Health & Family Services

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 Department of Health.and Family Services (DHFS) to dismiss Steven Butzlaffs action for damages, even though the personnel commission had decided, after…