Amendment SSA1-AB68

AB68-SSA1,1662 Section 1662 . 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB68-SSA1,812,16 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

AB68-SSA1,1663 Section 1663 . 103.10 (1) (a) 1. of the statutes is repealed.

AB68-SSA1,1664 Section 1664 . 103.10 (1) (a) 2. of the statutes is repealed.

AB68-SSA1,1665 Section 1665 . 103.10 (1) (a) 3. of the statutes is created to read:

AB68-SSA1,812,21 103.10 (1) (a) 3. The individual is 18 years of age or older, suffers from a chronic condition, and requires family caregiving.

AB68-SSA1,1666 Section 1666 . 103.10 (1) (ao) of the statutes is created to read:

AB68-SSA1,812,24 103.10 (1) (ao) “Chronic condition” means a health condition, illness, impairment, or physical or mental condition that involves any of the following:

AB68-SSA1,813,2 1. A condition or disease that is persistent or otherwise long-lasting in its effects.

AB68-SSA1,813,3 2. A condition or disease that lasts for at least 3 months.

AB68-SSA1,813,5 3. A condition or disease that requires the individual to have assistance with one or more essential daily activities.

AB68-SSA1,813,7 4. Outpatient care that requires continuing treatment or supervision by a health care provider.

AB68-SSA1,1667 Section 1667 . 103.10 (1) (ap) of the statutes is created to read:

AB68-SSA1,813,9 103.10 (1) (ap) “Covered active duty" means any of the following:

AB68-SSA1,813,11 1. In the case of a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

AB68-SSA1,813,15 2. In the case of a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

AB68-SSA1,1668 Section 1668 . 103.10 (1) (b) of the statutes is amended to read:

AB68-SSA1,813,20 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee" means an individual employed in this state by an employer, except the employer's parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

AB68-SSA1,1669 Section 1669 . 103.10 (1) (c) of the statutes is amended to read:

AB68-SSA1,814,2 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer" means a person engaging in any activity, enterprise or business in this state employing at least 50 25 individuals on a permanent basis. “Employer" includes the state and any office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB68-SSA1,1670 Section 1670 . 103.10 (1) (dg) of the statutes is created to read:

AB68-SSA1,814,6 103.10 (1) (dg) “Family caregiving” means providing care or assistance without remuneration to a family member who suffers from a chronic condition and includes all of the following:

AB68-SSA1,814,7 1. Providing direct treatment to an individual with a chronic condition.

AB68-SSA1,814,9 2. Attending training and educational courses on duties and responsibilities for caring for an individual with a chronic condition.

AB68-SSA1,814,11 3. Attending discharge planning meetings for an individual with a chronic condition.

AB68-SSA1,814,12 4. Attending care planning meetings for an individual with a chronic condition.

AB68-SSA1,814,14 5. Attending appointments with health care providers for an individual with a chronic condition.

AB68-SSA1,1671 Section 1671 . 103.10 (1) (dr) of the statutes is created to read:

AB68-SSA1,814,16 103.10 (1) (dr) “Grandchild" means the child of a child.

AB68-SSA1,1672 Section 1672 . 103.10 (1) (dt) of the statutes is created to read:

AB68-SSA1,814,18 103.10 (1) (dt) “Grandparent" means the parent of a parent.

AB68-SSA1,1673 Section 1673 . 103.10 (1) (em) of the statutes is created to read:

AB68-SSA1,814,20 103.10 (1) (em) “Medical isolation” means any of the following:

AB68-SSA1,814,24 1. When a health care professional, a local health officer, or the department of health services advises that the individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

AB68-SSA1,815,2 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB68-SSA1,815,5 3. When an individual's employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

AB68-SSA1,1674 Section 1674 . 103.10 (1) (gm) of the statutes is created to read:

AB68-SSA1,815,8 103.10 (1) (gm) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB68-SSA1,1675 Section 1675 . 103.10 (1) (h) of the statutes is amended to read:

AB68-SSA1,815,11 103.10 (1) (h) “Spouse" means an employee's legal husband or wife the person to whom an employee is legally married.

AB68-SSA1,1676 Section 1676 . 103.10 (2) (c) of the statutes is amended to read:

AB68-SSA1,815,15 103.10 (2) (c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 680 hours during the preceding 52-week period.

AB68-SSA1,1677 Section 1677 . 103.10 (3) (a) 1. of the statutes is amended to read:

AB68-SSA1,815,18 103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and, 2., 4., 4m., and 5.

AB68-SSA1,1678 Section 1678 . 103.10 (3) (a) 2m. of the statutes is created to read:

AB68-SSA1,815,21 103.10 (3) (a) 2m. In a 12-month period no employee may take more than 2 weeks of family leave for the reasons specified under par. (b) 6.

AB68-SSA1,1679 Section 1679 . 103.10 (3) (b) 3. of the statutes is amended to read:

AB68-SSA1,815,25 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

AB68-SSA1,1680 Section 1680. 103.10 (3) (b) 4. of the statutes is created to read:

AB68-SSA1,816,5 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

AB68-SSA1,1681 Section 1681 . 103.10 (3) (b) 4m. of the statutes is created to read:

AB68-SSA1,816,10 103.10 (3) (b) 4m. For family caregiving for the employee's child, spouse, domestic partner, sibling, parent, grandparent, or grandchild, if the child, spouse, domestic partner, sibling, parent, grandparent, or grandchild has a chronic condition.

AB68-SSA1,1682 Section 1682 . 103.10 (3) (b) 5. of the statutes is created to read:

AB68-SSA1,816,14 103.10 (3) (b) 5. Because a child care center, child care provider, or school that the employee's child, grandchild, or sibling attends is experiencing an unforeseen or unexpected short-term closure.

AB68-SSA1,1683 Section 1683 . 103.10 (3) (b) 6. of the statutes is created to read:

AB68-SSA1,816,18 103.10 (3) (b) 6. To care for the employee's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, parent, grandparent, grandchild, or sibling is in medical isolation.

AB68-SSA1,1684 Section 1684 . 103.10 (4) (a) of the statutes is amended to read:

AB68-SSA1,816,23 103.10 (4) (a) Subject to pars. (b) and (c), an employee who is in medical isolation or has a serious health condition which makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties.

AB68-SSA1,1685 Section 1685 . 103.10 (6) (b) of the statutes is amended to read:

AB68-SSA1,817,5 103.10 (6) (b) If an employee intends to take family leave because of the planned medical treatment or, supervision, or family caregiving of a child, spouse, domestic partner, sibling, or parent, grandparent, or grandchild, or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

AB68-SSA1,817,9 1. Make a reasonable effort to schedule the medical treatment or, supervision, or family caregiving so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, domestic partner, sibling, parent, grandparent, grandchild, or employee.

AB68-SSA1,817,11 2. Give the employer advance notice of the medical treatment or, supervision, or family caregiving in a reasonable and practicable manner.

AB68-SSA1,1686 Section 1686 . 103.10 (6) (c) of the statutes is created to read:

AB68-SSA1,817,17 103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4. that is foreseeable because the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty, the employee shall provide notice of that intention to the employer in a reasonable and practicable manner.

AB68-SSA1,1687 Section 1687 . 103.10 (7) (a) of the statutes is amended to read:

AB68-SSA1,817,24 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or 4m. or requests medical leave due to a serious health condition, the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, sibling, parent, grandparent, grandchild, or employee, whichever is appropriate.

AB68-SSA1,1688 Section 1688 . 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB68-SSA1,818,2 103.10 (7) (b) (intro.) No employer may require certification under this paragraph stating more than the following:

AB68-SSA1,1689 Section 1689 . 103.10 (7) (b) 1. of the statutes is amended to read:

AB68-SSA1,818,6 103.10 (7) (b) 1. That the child, spouse, domestic partner, sibling, parent, grandparent, grandchild, or employee has a serious health condition or a chronic condition.

AB68-SSA1,1690 Section 1690 . 103.10 (7) (b) 2. of the statutes is amended to read:

AB68-SSA1,818,9 103.10 (7) (b) 2. The date the serious health condition or chronic condition commenced and its probable duration.

AB68-SSA1,1691 Section 1691 . 103.10 (7) (b) 3. of the statutes is amended to read:

AB68-SSA1,818,13 103.10 (7) (b) 3. Within the knowledge of the health care provider or Christian Science practitioner, the medical facts regarding the serious health condition or chronic condition.

AB68-SSA1,1692 Section 1692 . 103.10 (7) (d) of the statutes is created to read:

AB68-SSA1,818,21 103.10 (7) (d) If an employee requests family leave under sub. (3) (b) 4., the employer may require the employee to provide certification that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty issued at such time and in such manner as the department may prescribe by rule, and the employee shall provide a copy of that certification to the employer in a timely manner.

AB68-SSA1,1693 Section 1693 . 103.10 (7) (e) of the statutes is created to read:

AB68-SSA1,819,2 103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the employer may require the employee to provide certification that the child care center, child care provider, or school that the employee's child attends is experiencing an unforeseen or unexpected short-term closure. The department may prescribe by rule the form and content of the certification.

AB68-SSA1,1694 Section 1694 . 103.10 (7) (f) of the statutes is created to read:

AB68-SSA1,819,12 103.10 (7) (f) If an employee requests family leave under sub. (3) (b) 6., or medical leave due to medical isolation, the employer may require the employee to provide certification issued by a local public health official, the department of health services, or a health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever is appropriate, except that no employer may require certification under this paragraph if the sole reason for the medical isolation is due to the employer's request under sub. (1) (em) 3. No employer may require certification under this paragraph stating more than the following:

AB68-SSA1,819,14 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee is is medical isolation.

AB68-SSA1,819,15 2. The date the medical isolation commenced and its probable duration.

AB68-SSA1,1695 Section 1695 . 103.10 (10) of the statutes is amended to read:

AB68-SSA1,819,22 103.10 (10) Alternative employment. Nothing in this section prohibits an employer and an employee with a serious health condition or in medical isolation from mutually agreeing to alternative employment for the employee while the serious health condition or medical isolation lasts. No period of alternative employment, with the same employer, reduces the employee's right to family leave or medical leave.

AB68-SSA1,1696 Section 1696 . 103.10 (12) (b) of the statutes is amended to read:

AB68-SSA1,820,8 103.10 (12) (b) An employee who believes his or her employer has violated sub. (11) (a) or (b) may, within 30 300 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. Except as provided in s. 230.45 (1m), the department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB68-SSA1,1697 Section 1697 . 103.10 (12) (c) of the statutes is amended to read:

AB68-SSA1,820,16 103.10 (12) (c) If 2 or more health care providers disagree about any of the information required to be certified under sub. (7) (b), the department may appoint another health care provider to examine the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee and render an opinion as soon as possible. The department shall promptly notify the employee and the employer of the appointment. The employer and the employee shall each pay 50 percent of the cost of the examination and opinion.

AB68-SSA1,1698 Section 1698 . 103.10 (14) (a) of the statutes is renumbered 103.10 (14).