Home / Today's News / 9to5 court filing supports Milwaukee sick leave law (3:39 p.m. 10/15/09)

9to5 court filing supports Milwaukee sick leave law (3:39 p.m. 10/15/09)

Sean Ryan


The organization supporting the Milwaukee sick leave law on Wednesday filed arguments with a state court of appeals in support of the law.

Milwaukee County Circuit Court Judge Thomas Cooper in June ruled the sick leave law is unconstitutional, siding with arguments made by the Metropolitan Milwaukee Association of Commerce.

The organization that lobbied to get sick leave approved by referendum, 9to5 Milwaukee, National Association of Working Women, appealed the ruling and on Wednesday filed its first appeals court briefs (PDF).

In his June ruling, Cooper decided the law is invalid because the paid sick days can be used to give recovery days to victims of domestic or sexual violence. The referendum by which voters approved the sick leave law did not refer specifically to domestic or sexual abuse.

The 9to5 appeal argument maintains the entire law is valid. If the portion regarding domestic and sexual abuse is not constitutional, it should be removed from the law, according to the appeal.

The organization also is attempting to stop the city of Milwaukee from revising or repealing the law after November 2011. According to state law, rules approved by referendum can be amended or erased within two years of their passage.

The Metropolitan Milwaukee Association of Commerce is expected to file its arguments with the Wisconsin Court of Appeals District 1 by Nov. 9.

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