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AB386-AA1,33,1414 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).
AB386-AA1,90 15Section 90. 230.12 (9m) of the statutes is created to read:
AB386-AA1,33,1616 230.12 (9m) Paid family and medical leave. (a) Definitions. In this subsection:
AB386-AA1,33,1817 1. “Family leave” means leave from employment for a reason specified in s.
18103.10 (3) (b) 1. to 7.
AB386-AA1,33,2319 2. “Medical leave” means leave from employment when an employee has a
20serious health condition that makes the employee unable to perform his or her
21employment duties, or makes the employee unable to perform the duties of any
22suitable employment, or because the employee is in medical isolation, as defined in
23s. 103.10 (1) (em).
AB386-AA1,33,2424 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).
AB386-AA1,34,8
1(b) Program. The administrator shall develop and recommend to the joint
2committee on employment relations a program, administered by the division, that
3provides paid family and medical leave for 12 weeks per year to employees whose
4compensation is established under this section or s. 20.923 (2) or (3) but does not
5include employees of the Board of Regents of the University of Wisconsin System.
6The approval process for the program is the same as that provided under sub. (3) (b),
7and, if approved, the program shall be incorporated into the compensation plan
8under sub. (1).
AB386-AA1,34,109 (c) Rules. The administrator may promulgate rules to implement the family
10and medical leave program under par. (b).
AB386-AA1,91 11Section 91. 323.19 (3) and (4) of the statutes are repealed.
AB386-AA1,92 12Section 92 . 2023 Wisconsin Act 19, section 9104 (1) (i) 3. em. and 4m. a. are
13created to read:
AB386-AA1,93 1Section 93 . Nonstatutory provisions.
AB386-AA1,35,32 (1) In the 2023-25 Authorized State Building Program, the appropriate totals
3are adjusted to reflect the changes made by Section 92 of this act.
AB386-AA1,35,94 (2) Positions for administration of family and medical leave benefits
5insurance program.
The authorized FTE positions for the department of workforce
6development are increased by 45.0 SEG positions in fiscal year 2023-24 and by 198.0
7SEG positions in fiscal year 2024-25, to be funded from the appropriation under s.
820.445 (6) (r), for the purpose of administering the family and medical leave benefits
9insurance program.
AB386-AA1,35,1410 (3) Proposed permanent rules. The department of workforce development
11shall submit in proposed form the rules required under s. 103.105 (8) (c) and (cm),
12(9) (a) and (b) 3., and (12) (c) to the legislative council staff under s. 227.15 (1) no later
13than the first day of the 4th month beginning after the effective date of this
14subsection.
AB386-AA1,35,1515 (4) Rule-making exceptions for permanent rules.
AB386-AA1,36,216 (a) Notwithstanding s. 227.135 (2), the department of workforce development
17is not required to present the statement of the scope of the rules required under s.
18103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the department of

1administration for review by the department of administration and approval by the
2governor.
AB386-AA1,36,53 (b) Notwithstanding s. 227.185, the department of workforce development is
4not required to present the rules required under s. 103.105 (8) (c) and (cm), (9) (a) and
5(b) 3., and (12) (c) in final draft form to the governor for approval.
AB386-AA1,36,86 (c) Notwithstanding s. 227.137 (2), the department of workforce development
7is not required to prepare an economic impact analysis for the rules required under
8s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c).
AB386-AA1,36,139 (d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of
10workforce development is not required to submit the proposed rules required under
11s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and (12) (c) to the small business
12regulatory review board and is not required to prepare a final regulatory flexibility
13analysis for those rules.
AB386-AA1,36,2514 (5) Emergency rules. Using the procedure under s. 227.24, the department of
15workforce development shall promulgate the rules required under s. 103.105 (8) (c)
16and (cm), (9) (a) and (b) 3., and (12) (c) for the period before the effective date of the
17permanent rules promulgated under s. 103.105 (8) (c) and (cm), (9) (a) and (b) 3., and
18(12) (c) but not to exceed the period authorized under s. 227.24 (1) (c), subject to
19extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the
20department is not required to provide evidence that promulgating a rule under this
21subsection as an emergency rule is necessary for the preservation of public peace,
22health, safety, or welfare and is not required to provide a finding of an emergency for
23a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and
241g., the department is not required to prepare a statement of the scope of the rules
25promulgated under this subsection or present the rules to the governor for approval.
AB386-AA1,37,4
1(6) Paid family and medical leave. If the paid family and medical leave program
2under s. 230.12 (9m) is approved by the joint committee on employment relations, it
3shall go into effect immediately upon approval by the joint committee on employment
4relations.
AB386-AA1,37,55 (7) Child care quality improvement program.
AB386-AA1,37,126 (a) Using the procedure under s. 227.24, the department of children and
7families may promulgate the rules authorized under s. 49.133 (2) as emergency
8rules. Notwithstanding s. 227.24 (1) (a) and (3), the department of children and
9families is not required to provide evidence that promulgating a rule under this
10subsection as an emergency rule is necessary for the preservation of the public peace,
11health, safety, or welfare and is not required to provide a finding of emergency for a
12rule promulgated under this subsection.
AB386-AA1,37,1613 (b) The authorized FTE positions for the department of children and families
14are increased by 4.0 GPR positions, to be funded from the appropriation under s.
1520.437 (2) (c), for the purpose of administering the child care quality improvement
16program under s. 49.133.
AB386-AA1,37,2317 (8) Election to continue annuity suspension. No later than 60 days after the
18effective date of this subsection, if an individual who is employed by a covered
19employer under the Wisconsin Retirement System has his or her annuity suspended
20under s. 40.26 (1m), 2021 stats., on the effective date of this subsection and wants
21to continue the suspension, the individual shall notify the department of employee
22trust funds on a form provided by the department. An election to continue the
23suspension is irrevocable.
AB386-AA1,38,224 (9) Health care provider innovation grants. Notwithstanding s. 46.48 (22),
25the department of health services may, from the appropriation under s. 20.435 (7)

1(bc), distribute not more than $7,225,000 in fiscal year 2023-24 as grants to health
2care providers and long-term care providers under s. 46.48 (22).
AB386-AA1,38,33 (10) Paid family and medical leave.
AB386-AA1,38,44 (a) Definitions. In this subsection:
AB386-AA1,38,6 51. “Family leave” means leave from employment for a reason specified in s.
6103.10 (3) (b) 1. to 7.
AB386-AA1,38,10 72. “Medical leave” means leave from employment when an employee has a
8serious health condition that makes the employee unable to perform his or her
9employment duties, or makes the employee unable to perform the duties of any
10suitable employment or who is in medical isolation, as defined in s. 103.10 (1) (em).
AB386-AA1,38,11 113. “Serious health condition” has the meaning given in s. 103.10 (1) (g).
AB386-AA1,38,1712 (b) Program plan. The Board of Regents of the University of Wisconsin System
13shall submit to the administrator of the division of personnel management in the
14department of administration, with its recommendations for adjustments to
15compensation and employee benefits for employees of the system under s. 230.12 (3)
16(e) 1. for 2023-25, a plan for a program to provide paid family and medical leave for
1712 weeks annually to employees of the system.
AB386-AA1,94 18Section 94 . Fiscal changes.
AB386-AA1,38,2319 (1) Nurse aide training and recruitment grants. In the schedule under s.
2020.005 (3) for the appropriation to the department of health services under s. 20.435
21(4) (bm), the dollar amount for fiscal year 2024-25 is increased by $6,000,000 for a
22workforce development program to train and recruit individuals to work as nurse
23aides in nursing homes, commonly known as the WisCaregiver Careers program.
AB386-AA1,39,224 (2) Wisconsin grants to private, nonprofit college students. In the schedule
25under s. 20.005 (3) for the appropriation to the higher educational aids board under

1s. 20.235 (1) (b), the dollar amount for fiscal year 2023-24 is increased by $1,425,300
2and the dollar amount for fiscal year 2024-25 is increased by $2,921,800.
AB386-AA1,39,73 (3) Wisconsin grants to University of Wisconsin System students. In the
4schedule under s. 20.005 (3) for the appropriation to the higher educational aids
5board under s. 20.235 (1) (fe), the dollar amount for fiscal year 2023-24 is increased
6by $3,094,800 and the dollar amount for fiscal year 2024-25 is increased by
7$6,344,300.
AB386-AA1,39,118 (4) Wisconsin grants to technical college students. In the schedule under
9s. 20.005 (3) for the appropriation to the higher educational aids board under s.
1020.235 (1) (ff), the dollar amount for fiscal year 2023-24 is increased by $1,148,600
11and the dollar amount for fiscal year 2024-25 is increased by $2,354,700.
AB386-AA1,39,1512 (5) Wisconsin grants to tribal college students. In the schedule under s.
1320.005 (3) for the appropriation to the higher educational aids board under s. 20.235
14(1) (km), the dollar amount for fiscal year 2023-24 is increased by $24,100 and the
15dollar amount for fiscal year 2024-25 is increased by $49,400.
AB386-AA1,39,2016 (6) University of Wisconsin System; general program operations. In the
17schedule under s. 20.005 (3) for the appropriation to the Board of Regents of the
18University of Wisconsin System under s. 20.285 (1) (a), the dollar amount for fiscal
19year 2023-24 is increased by $22,100,000 and the dollar amount for fiscal year
202024-25 is increased by $44,300,000.
AB386-AA1,39,2521 (7) State aid to technical colleges. In the schedule under s. 20.005 (3) for the
22appropriation to the technical college system board under s. 20.292 (1) (d), the dollar
23amount for fiscal year 2023-24 is increased by $20,500,000 and the dollar amount
24for fiscal year 2024-25 is increased by $20,500,000 to increase funding for state aid
25for technical colleges.
AB386-AA1,40,4
1(8) Nurse educators. In the schedule under s. 20.005 (3) for the appropriation
2to the higher educational aids board under s. 20.235 (1) (co), the dollar amount for
3fiscal year 2023-24 is increased by $5,000,000 and the dollar amount for fiscal year
42024-25 is increased by $5,000,000 for the nurse educator program.
AB386-AA1,40,135 (9) Health care apprenticeships. In the schedule under s. 20.005 (3) for the
6appropriation to the department of workforce development under s. 20.445 (1) (a),
7the dollar amount for fiscal year 2023-24 is increased by $801,400 to increase the
8authorized FTE positions for the department by 1.0 GPR position to conduct
9outreach to stakeholders and partners to develop new apprenticeship pathways
10related to health care. In the schedule under s. 20.005 (3) for the appropriation to
11the department of workforce development under s. 20.445 (1) (a), the dollar amount
12for fiscal year 2024-25 is increased by $135,200 to provide funding for the position
13authorized under this subsection.
AB386-AA1,40,1714 (10) Treatment program grants. In the schedule under s. 20.005 (3) for the
15appropriation to the department of health services under s. 20.435 (5) (bg), the dollar
16amount for fiscal year 2024-25 is increased by $1,576,600 for grants to support
17treatment programs under s. 146.618.
AB386-AA1,40,2018 (11) Transfer to the capital improvement fund. There is transferred from the
19general fund to the capital improvement fund $197,336,000 during the 2023-25
20fiscal biennium to fund the project enumerated under Section 92 of this act.
AB386-AA1,40,2421 (12) Transfers to family and medical leave benefits insurance trust fund.
22There is transferred from the general fund to the family and medical leave benefits
23insurance trust fund created under s. 25.52 $243,413,400 in the 2023-25 fiscal
24biennium.
AB386-AA1,41,7
1(13) Federal block grant operations. In the schedule under s. 20.005 (3) for
2the appropriation to the department of children and families under s. 20.437 (2) (mc),
3the dollar amount for fiscal year 2023-24 is increased by $312,000 for the purpose
4of child care state administration and licensing activities. In the schedule under s.
520.005 (3) for the appropriation to the department of children and families under s.
620.437 (2) (mc), the dollar amount for fiscal year 2024-25 is increased by $624,000
7for the purpose of child care state administration and licensing activities.
AB386-AA1,41,148 (14) Federal block grant aids. In the schedule under s. 20.005 (3) for the
9appropriation to the department of children and families under s. 20.437 (2) (md),
10the dollar amount for fiscal year 2023-24 is increased by $19,000,000 for the child
11care quality improvement program under s. 49.133. In the schedule under s. 20.005
12(3) for the appropriation to the department of children and families under s. 20.437
13(2) (md), the dollar amount for fiscal year 2024-25 is increased by $19,000,000 for
14the child care quality improvement program under s. 49.133.
AB386-AA1,41,1915 (15) Graduate medical education grants. In the schedule under s. 20.005 (3)
16for the appropriation to the department of health services under s. 20.435 (4) (bf), the
17dollar amount for fiscal year 2023-24 is increased by $627,800 and the dollar amount
18for fiscal year 2024-25 is increased by $639,900 for graduate medical training
19support grants.
AB386-AA1,41,2420 (16) Health care provider innovation grants. In the schedule under s. 20.005
21(3) for the appropriation to the department of health services under s. 20.435 (7) (bc),
22the dollar amount for fiscal year 2023-24 is increased by $7,225,000 and the dollar
23amount for fiscal year 2024-25 is increased by $14,500,000 for health care provider
24innovation grants under Section 93 (9) and s. 46.48 (22).
AB386-AA1,42,6
1(17) Health care provider innovation grant program administration. In the
2schedule under s. 20.005 (3) for the appropriation to the department of health
3services under s. 20.435 (4) (bm), the dollar amount for fiscal year 2023-24 is
4increased by $225,000 and the dollar amount for fiscal year 2024-25 is increased by
5$500,000 for state administration and evaluation of the health care provider
6innovation grant program.
AB386-AA1,42,117 (18) Child care offset. In the schedule under s. 20.005 (3) for the appropriation
8to the joint committee on finance under s. 20.865 (4) (a), the dollar amount for fiscal
9year 2023-24 is decreased by $15,000,000, which had been reserved for child care
10under s. 20.192 (1) (bn) for the purpose of offsetting the amounts in the schedule
11under s. s. 20.437 (2) (d).
AB386-AA1,42,1512 (19) State employee paid family and medical leave. The amounts of the
13estimated expenditures in the compensation reserves general purpose revenue
14shown in the schedule under s. 20.005 (1) are increased by $8,352,800 in fiscal year
152023-24 and by $17,373,900 in fiscal year 2024-25.
AB386-AA1,95 16Section 95. Initial applicability.
AB386-AA1,42,1917 (1) Family and medical leave. The treatment of s. 103.10 (12) (b) first applies
18to a violation that occurs, or that an employee should reasonably have known
19occurred, on the effective date of this subsection.
AB386-AA1,42,2020 (2) Paid family and medical leave insurance benefits.
AB386-AA1,42,2321 (a) Family and medical leave benefits insurance trust fund contributions.
22Except as provided in par. (c), the treatment of s. 103.105 (8) first applies to wages
23earned on January 1, 2025.
AB386-AA1,43,224 (b) Family or medical leave insurance benefits eligibility. Except as provided
25in par. (c), the treatment of s. 103.105 (3) first applies to a period of family leave, as

1defined in s. 103.105 (1) (f), or a period of medical leave, as defined in s. 103.105 (1)
2(h), commencing on January 1, 2025.
AB386-AA1,43,83 (c) Collective bargaining agreements. The treatment of ss. 20.445 (6), 25.17 (1)
4(er), 25.52, 103.105, and 111.322 (2m) (a) and (b) first applies to an employee who is
5affected by a collective bargaining agreement that contains provisions inconsistent
6with the treatment of ss. 20.445 (6), 25.17 (1) (er), 25.52, 103.105, and 111.322 (2m)
7(a) and (b) on the day on which the collective bargaining agreement expires or is
8extended, modified, or renewed.”.
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