(1)
(a) Any person who has enlisted or enlists in or who has been or is inducted or ordered into active service in the U.S. armed forces pursuant to the selective training and service act of 1940 or the national guard and reserve officers mobilization act of 1940, the selective service act of 1948 and any acts amendatory thereof or supplementary thereto or P.L. 87-117 , and any person whose services are requested by the federal government for national defense work as a civilian during a period officially proclaimed to be a national emergency or a limited national emergency, who, in order to perform the training or service, has left or leaves a position, other than a temporary position, in the employ of any political subdivision of the state or in the employ of any private or other employer, shall be restored to such position or to a position of like seniority, status, pay and salary advancement as though service toward seniority, status, pay or salary advancement had not been interrupted by the absence; if:
1. The person presents to the employer evidence of satisfactory completion of the period of training or civilian service, or of discharge from the armed forces under conditions other than dishonorable;
2. The person is still qualified to perform the duties of such position;
3. The person makes application for reemployment and resumes work within 90 days after completion of the training or services, military or civilian, or was so discharged from the armed forces, or within 6 months after release from hospitalization for service-connected injury or disease;
4. The employer's circumstances have not so changed as to make it impossible or unreasonable to so restore the person; and
5. The military service was not for more than 4 years unless extended by law.
(b) In the event of any dispute arising under par. (a) , the matter shall be referred to the department of workforce development for determination except as the matters pertain to any classified employee of the state, in which case the matter shall be referred to the director of personnel. Orders and determinations of the department of workforce development under this section may be reviewed in the manner provided in ch. 227 .
(2) The service of any person who is or was restored to a position in accordance with sub. (1) shall be deemed not to be interrupted by the absence, except for the receipt of pay or other compensation for the period of the absence and he or she shall be entitled to participate in insurance, pensions, retirement plans or other benefits offered by the employer under established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time the person entered or was enlisted, inducted or ordered into the forces and service, and shall not be discharged from the position without cause within one year after restoration; and the discharge is subject to all federal or state law affecting any municipal or private employment; and subject to the provisions of contracts that may exist between employer and employee. Each county, town, city or village shall contribute or pay from September 16, 1940, all contributions of the employer to the applicable and existent pension, annuity or retirement system as though the service of the employee had not been interrupted by military service.
(3) If an employer fails or refuses to comply with subs. (1) and (2) , a person entitled to the benefits under subs. (1) and (2) may petition a court to require the employer to comply with those subsections. Upon the filing of the petition and on reasonable notice to the employer, the court may require the employer to comply with those subsections and to compensate the person for any loss of wages or benefits suffered by reason of the employer's unlawful action. The court shall order a speedy hearing and shall advance the case on the calendar. No fees or court costs shall be taxed against a person applying for these benefits. The action or proceeding commenced under this subsection against a private employer, and the trial or hearing thereof, shall be in any county in which the employment took place or in which the private employer maintains a place of business, and in all other cases shall be as provided in s. 801.50 . No person who is appointed in the service of the state or of any county, city, village or town to fill the place of a person entering the federal armed forces shall acquire permanent tenure during the period of replacement service.
(4) Any individual or employer aggrieved by the decision of the court provided in sub. (3) may appeal in accordance with the provisions of appealable orders referred to in chs. 808 and 809 ; and the employee need not file an appeal bond for the security for costs on said appeal.
(5) The restoration of classified employees of the state shall be governed by s. 230.32 . The restoration of unclassified state employees shall be governed by this section.