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LRBs0317/1
MED&GMM:kjf
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 517
February 9, 2016 - Offered by Senators Lassa, Carpenter, L. Taylor, C. Larson,
Ringhand, Bewley, Vinehout, Miller, Erpenbach, Risser, Shilling, Hansen
and Wirch.
SB517-SSA1,1,9 1An Act to renumber 103.10 (1) (a); to renumber and amend 103.10 (1m) (d);
2to amend 103.10 (title), 103.10 (1m) (title), 103.10 (1m) (a), 103.10 (2) (a),
3103.10 (2) (c), 103.10 (5) (a), 103.10 (5) (b), 103.10 (8) (a) (intro.), 103.10 (8) (a)
41., 103.10 (8) (a) 2., 103.10 (8) (b), 103.10 (8) (c), 103.10 (9) (a), 103.10 (9) (b),
5103.10 (9) (c) 4., 103.10 (9) (d), 103.10 (10), 103.10 (12) (d) and 103.10 (14) (b);
6to repeal and recreate 893.96 (title); and to create 103.10 (1) (ac), 103.10 (1)
7(er), 103.10 (1m) (d) 2., 103.10 (2) (d), 103.10 (4m) and 103.10 (6) (c) of the
8statutes; relating to: leave from employment for the purpose of serving as a
9bone marrow or organ donor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB517-SSA1,1 10Section 1. 103.10 (title) of the statutes is amended to read:
SB517-SSA1,1,12 11103.10 (title) Family or, medical, and bone marrow and organ donation
12leave.
SB517-SSA1,2
1Section 2. 103.10 (1) (a) of the statutes is renumbered 103.10 (1) (aj).
SB517-SSA1,3 2Section 3. 103.10 (1) (ac) of the statutes is created to read:
SB517-SSA1,2,33 103.10 (1) (ac) "Bone marrow" has the meaning given in s. 146.34 (1) (a).
SB517-SSA1,4 4Section 4. 103.10 (1) (er) of the statutes is created to read:
SB517-SSA1,2,65 103.10 (1) (er) "Organ" has the meaning given for "human organ" in s. 230.35
6(2d) (a) 2.
SB517-SSA1,5 7Section 5. 103.10 (1m) (title) of the statutes is amended to read:
SB517-SSA1,2,98 103.10 (1m) (title) Statewide Family and medical leave; statewide concern;
9uniformity.
SB517-SSA1,6 10Section 6. 103.10 (1m) (a) of the statutes is amended to read:
SB517-SSA1,2,1911 103.10 (1m) (a) The legislature finds that the provision of family and medical
12leave that is uniform throughout the state is a matter of statewide concern and that
13the enactment of an ordinance by a city, village, town, or county that requires
14employers to provide employees with leave from employment, paid or unpaid, for any
15of the reasons specified in par. (c) would be logically inconsistent with, would defeat
16the purpose of, and would go against the spirit of this section. Therefore, with respect
17to family and medical leave,
this section shall be construed as an enactment of
18statewide concern for the purpose of providing family and medical leave that is
19uniform throughout the state.
SB517-SSA1,7 20Section 7. 103.10 (1m) (d) of the statutes is renumbered 103.10 (1m) (d) (intro.)
21and amended to read:
SB517-SSA1,2,2322 103.10 (1m) (d) (intro.) This subsection does not affect an ordinance affecting
23leave any of the following:
SB517-SSA1,2,24 241. Leave from employment of an employee of a city, village, town, or county.
SB517-SSA1,8 25Section 8. 103.10 (1m) (d) 2. of the statutes is created to read:
SB517-SSA1,3,1
1103.10 (1m) (d) 2. Bone marrow or organ donation leave.
SB517-SSA1,9 2Section 9. 103.10 (2) (a) of the statutes is amended to read:
SB517-SSA1,3,63 103.10 (2) (a) Nothing in this section prohibits an employer from providing
4employees with rights to family leave or, medical leave which, or bone marrow and
5organ donation leave that
are more generous to the employee than the rights
6provided under this section.
SB517-SSA1,10 7Section 10. 103.10 (2) (c) of the statutes is amended to read:
SB517-SSA1,3,118 103.10 (2) (c) This Subject to sub. (4m), this section only applies to an employee
9who has been employed by the same employer for more than 52 consecutive weeks
10and who worked for the employer for at least 1,000 hours during the preceding
1152-week period.
SB517-SSA1,11 12Section 11. 103.10 (2) (d) of the statutes is created to read:
SB517-SSA1,3,1513 103.10 (2) (d) This section does not apply to an employee, as defined in s. 230.03
14(10h), who is allowed under s. 230.35 (2d) (b) or (c) to take a leave of absence for the
15purpose of serving as a bone marrow or organ donor.
SB517-SSA1,12 16Section 12. 103.10 (4m) of the statutes is created to read:
SB517-SSA1,3,2217 103.10 (4m) Bone marrow and organ donation leave. Subject to subs. (2) (d)
18and (6) (c), an employee may take no more than 6 weeks of bone marrow and organ
19donation leave in a 12-month period for the purpose of serving as a bone marrow or
20organ donor if the employee provides his or her employer with written verification
21that the employee is to serve as a bone marrow or organ donor. Notwithstanding sub.
22(2) (c), this subsection applies to any employee of an employer.
SB517-SSA1,13 23Section 13. 103.10 (5) (a) of the statutes is amended to read:
SB517-SSA1,4,3
1103.10 (5) (a) This section does not entitle an employee to receive wages or
2salary while taking family leave or, medical leave, or bone marrow and organ
3donation leave
.
SB517-SSA1,14 4Section 14. 103.10 (5) (b) of the statutes is amended to read:
SB517-SSA1,4,75 103.10 (5) (b) An employee may substitute, for portions of family leave or,
6medical leave, or bone marrow and organ donation leave, paid or unpaid leave of any
7other type provided by the employer.
SB517-SSA1,15 8Section 15. 103.10 (6) (c) of the statutes is created to read:
SB517-SSA1,4,119 103.10 (6) (c) If an employee intends to take leave under sub. (4m) for the
10purpose of serving as a bone marrow or organ donor, the employee shall do all of the
11following:
SB517-SSA1,4,1412 1. Make a reasonable effort to schedule the donation so that it does not unduly
13disrupt the employer's operations, subject to the approval of the health care provider
14of the donee.
SB517-SSA1,4,1615 2. Give the employer advance notice of the donation in a reasonable and
16practicable manner.
SB517-SSA1,14 17Section 14. 103.10 (8) (a) (intro.) of the statutes is amended to read:
SB517-SSA1,4,2118 103.10 (8) (a) (intro.) Subject to par. (c), when an employee returns from family
19leave or, medical leave, or bone marrow and organ donation leave, his or her
20employer shall immediately place the employee in an employment position as
21follows:
SB517-SSA1,15 22Section 15. 103.10 (8) (a) 1. of the statutes is amended to read:
SB517-SSA1,4,2523 103.10 (8) (a) 1. If the employment position which that the employee held
24immediately before the family leave or, medical leave, or bone marrow and organ
25donation leave
began is vacant when the employee returns, in that position.
SB517-SSA1,16
1Section 16. 103.10 (8) (a) 2. of the statutes is amended to read:
SB517-SSA1,5,62 103.10 (8) (a) 2. If the employment position which that the employee held
3immediately before the family leave or, medical leave, or bone marrow and organ
4donation leave
began is not vacant when the employee returns, in an equivalent
5employment position having equivalent compensation, benefits, working shift,
6hours of employment, and other terms and conditions of employment.
SB517-SSA1,17 7Section 17. 103.10 (8) (b) of the statutes is amended to read:
SB517-SSA1,5,118 103.10 (8) (b) No employer may, because an employee received family leave or,
9medical leave, or bone marrow and organ donation leave, reduce or deny an
10employment benefit which that accrued to the employee before his or her leave began
11or, consistent with sub. (9), accrued after his or her leave began.
SB517-SSA1,18 12Section 18. 103.10 (8) (c) of the statutes is amended to read:
SB517-SSA1,5,1713 103.10 (8) (c) Notwithstanding par. (a), if an employee on a family leave,
14medical or family leave, or bone marrow and organ donation leave wishes to return
15to work before the end of the leave as scheduled, the employer shall place the
16employee in an employment position of the type described in par. (a) 1. or 2. within
17a reasonable time not exceeding the duration of the leave as scheduled.
SB517-SSA1,19 18Section 19. 103.10 (9) (a) of the statutes is amended to read:
SB517-SSA1,5,2419 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a
20returning employee to a right, employment benefit, or employment position to which
21the employee would not have been entitled had he or she not taken family leave or,
22medical leave, or bone marrow and organ donation leave or to the accrual of any
23seniority or employment benefit during a period of family leave or, medical leave, or
24bone marrow and organ donation leave
.
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