AB68: Bill Text

AB68,1616 Section 1616. 103.007 of the statutes is repealed.

AB68,1617 Section 1617. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB68,988,4 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

AB68,1618 Section 1618 . 103.10 (1) (a) 1. of the statutes is repealed.

AB68,1619 Section 1619 . 103.10 (1) (a) 2. of the statutes is repealed.

AB68,1620 Section 1620 . 103.10 (1) (a) 3. of the statutes is created to read:

AB68,988,9 103.10 (1) (a) 3. The individual is 18 years of age or older, suffers from a chronic condition, and requires family caregiving.

AB68,1621 Section 1621 . 103.10 (1) (ao) of the statutes is created to read:

AB68,988,12 103.10 (1) (ao) “Chronic condition” means a health condition, illness, impairment, or physical or mental condition that involves any of the following:

AB68,988,14 1. A condition or disease that is persistent or otherwise long-lasting in its effects.

AB68,988,15 2. A condition or disease that lasts for at least 3 months.

AB68,988,17 3. A condition or disease that requires the individual to have assistance with one or more essential daily activities.

AB68,988,19 4. Outpatient care that requires continuing treatment or supervision by a health care provider.

AB68,1622 Section 1622 . 103.10 (1) (ap) of the statutes is created to read:

AB68,988,21 103.10 (1) (ap) “Covered active duty" means any of the following:

AB68,988,23 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.

AB68,989,2 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).

AB68,1623 Section 1623 . 103.10 (1) (b) of the statutes is amended to read:

AB68,989,7 103.10 (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.

AB68,1624 Section 1624 . 103.10 (1) (c) of the statutes is amended to read:

AB68,989,14 103.10 (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.

AB68,1625 Section 1625 . 103.10 (1) (dg) of the statutes is created to read:

AB68,989,18 103.10 (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:

AB68,989,19 1. Providing direct treatment to an individual with a chronic condition.

AB68,989,21 2. Attending training and educational courses on duties and responsibilities for caring for an individual with a chronic condition.

AB68,989,23 3. Attending discharge planning meetings for an individual with a chronic condition.

AB68,989,24 4. Attending care planning meetings for an individual with a chronic condition.

AB68,990,2 5. Attending appointments with health care providers for an individual with a chronic condition.

AB68,1626 Section 1626 . 103.10 (1) (dr) of the statutes is created to read:

AB68,990,4 103.10 (1) (dr) “Grandchild" means the child of a child.

AB68,1627 Section 1627 . 103.10 (1) (dt) of the statutes is created to read:

AB68,990,6 103.10 (1) (dt) “Grandparent" means the parent of a parent.

AB68,1628 Section 1628 . 103.10 (1) (em) of the statutes is created to read:

AB68,990,8 103.10 (1) (em) “Medical isolation” means any of the following:

AB68,990,12 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.

AB68,990,14 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB68,990,17 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.

AB68,1629 Section 1629 . 103.10 (1) (gm) of the statutes is created to read:

AB68,990,20 103.10 (1) (gm) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB68,1630 Section 1630 . 103.10 (1) (h) of the statutes is amended to read:

AB68,990,23 103.10 (1) (h) “Spouse" means an employee's legal husband or wife the person to whom an employee is legally married.

AB68,1631 Section 1631 . 103.10 (2) (c) of the statutes is amended to read:

AB68,991,3 103.10 (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.

AB68,1632 Section 1632 . 103.10 (3) (a) 1. of the statutes is amended to read:

AB68,991,6 103.10 (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.

AB68,1633 Section 1633 . 103.10 (3) (a) 2m. of the statutes is created to read:

AB68,991,9 103.10 (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.

AB68,1634 Section 1634 . 103.10 (3) (b) 3. of the statutes is amended to read:

AB68,991,13 103.10 (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.

AB68,1635 Section 1635 . 103.10 (3) (b) 4. of the statutes is created to read:

AB68,991,18 103.10 (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.

AB68,1636 Section 1636 . 103.10 (3) (b) 4m. of the statutes is created to read:

AB68,991,23 103.10 (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.

AB68,1637 Section 1637 . 103.10 (3) (b) 5. of the statutes is created to read:

AB68,992,3 103.10 (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.

AB68,1638 Section 1638 . 103.10 (3) (b) 6. of the statutes is created to read:

AB68,992,7 103.10 (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.

AB68,1639 Section 1639 . 103.10 (4) (a) of the statutes is amended to read:

AB68,992,12 103.10 (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.

AB68,1640 Section 1640 . 103.10 (6) (b) of the statutes is amended to read:

AB68,992,18 103.10 (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:

AB68,992,22 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.

AB68,992,24 2. Give the employer advance notice of the medical treatment or, supervision, or family caregiving in a reasonable and practicable manner.

AB68,1641 Section 1641 . 103.10 (6) (c) of the statutes is created to read:

AB68,993,5 103.10 (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.

AB68,1642 Section 1642 . 103.10 (7) (a) of the statutes is amended to read:

AB68,993,12 103.10 (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.

AB68,1643 Section 1643 . 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB68,993,15 103.10 (7) (b) (intro.) No employer may require certification under this paragraph stating more than the following:

AB68,1644 Section 1644 . 103.10 (7) (b) 1. of the statutes is amended to read:

AB68,993,19 103.10 (7) (b) 1. That the child, spouse, domestic partner, sibling, parent, grandparent, grandchild, or employee has a serious health condition or a chronic condition.

AB68,1645 Section 1645 . 103.10 (7) (b) 2. of the statutes is amended to read:

AB68,993,22 103.10 (7) (b) 2. The date the serious health condition or chronic condition commenced and its probable duration.

AB68,1646 Section 1646 . 103.10 (7) (b) 3. of the statutes is amended to read:

AB68,994,3 103.10 (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.

AB68,1647 Section 1647 . 103.10 (7) (d) of the statutes is created to read:

AB68,994,11 103.10 (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.

AB68,1648 Section 1648 . 103.10 (7) (e) of the statutes is created to read:

AB68,994,17 103.10 (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.

AB68,1649 Section 1649 . 103.10 (7) (f) of the statutes is created to read:

AB68,995,2 103.10 (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:

AB68,995,4 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee is is medical isolation.

AB68,995,5 2. The date the medical isolation commenced and its probable duration.

AB68,1650 Section 1650 . 103.10 (10) of the statutes is amended to read:

AB68,995,12 103.10 (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.

AB68,1651 Section 1651 . 103.10 (12) (b) of the statutes is amended to read:

AB68,995,23 103.10 (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.

AB68,1652 Section 1652 . 103.10 (12) (c) of the statutes is amended to read:

AB68,996,7 103.10 (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.