SB70-AA1,186
7Section
186. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).
SB70-AA1,187
8Section
187. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).
SB70-AA1,188
9Section
188. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).
SB70-AA1,189
10Section
189. 103.10 (2) (c) of the statutes is amended to read:
SB70-AA1,95,1311
103.10
(2) (c) This section only applies to an employee who has been employed
12by the same employer for more than 52 consecutive weeks and who worked for the
13employer for at least
1,000 680 hours during the preceding 52-week period.
SB70-AA1,190
14Section
190. 103.10 (3) (a) of the statutes is repealed.
SB70-AA1,191
15Section
191. 103.10 (3) (b) 3. of the statutes is amended to read:
SB70-AA1,95,1816
103.10
(3) (b) 3. To care for the employee's child, spouse, domestic partner,
or 17parent,
grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
or 18parent
, grandparent, grandchild, or sibling has a serious health condition.
SB70-AA1,192
19Section
192. 103.10 (3) (b) 4. of the statutes is created to read:
SB70-AA1,95,2320
103.10
(3) (b) 4. Because of any qualifying exigency, as determined by the
21department by rule, arising out of the fact that the spouse, child, domestic partner,
22parent, grandparent, grandchild, or sibling of the employee is on covered active duty
23or has been notified of an impending call or order to covered active duty.
SB70-AA1,193
24Section
193. 103.10 (3) (b) 5. of the statutes is created to read:
SB70-AA1,96,4
1103.10
(3) (b) 5. Because there is an unforeseen or unexpected short-term gap
2in childcare for the employee's child, grandchild, or sibling that the employee must
3fill. The department may define by rule “unforeseen or unexpected short-term gap
4in childcare.”
SB70-AA1,194
5Section
194. 103.10 (3) (b) 6. of the statutes is created to read:
SB70-AA1,96,86
103.10
(3) (b) 6. To care for the employee's child, spouse, domestic partner,
7parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
8parent, grandparent, grandchild, or sibling is in medical isolation.
SB70-AA1,195
9Section
195. 103.10 (3) (b) 7. of the statutes is created to read:
SB70-AA1,96,1210
103.10
(3) (b) 7. To address issues of the employee or the employee's child,
11spouse, domestic partner, parent, grandparent, grandchild, or sibling related to
12being the victim of domestic abuse, sexual abuse, or stalking.
SB70-AA1,196
13Section
196. 103.10 (4) (a) of the statutes is amended to read:
SB70-AA1,96,1714
103.10
(4) (a) Subject to
pars. (b) and par. (c)
and sub. (4m), an employee who
15is in medical isolation or has a serious health condition which makes the employee
16unable to perform his or her employment duties may take medical leave for the
17period during which he or she is unable to perform those duties.
SB70-AA1,197
18Section
197. 103.10 (4) (b) of the statutes is repealed.
SB70-AA1,198
19Section
198. 103.10 (4m) of the statutes is created to read:
SB70-AA1,96,2220
103.10
(4m) Duration of leave. In a 12-month period, no employee may take
21more than 12 weeks of family leave for any combination of reasons specified under
22sub. (3) or (4).
SB70-AA1,199
23Section
199. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB70-AA1,97,324
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
25planned medical treatment or supervision of a child, spouse, domestic partner,
or
1parent
, grandparent, grandchild, or sibling or intends to take medical leave because
2of the planned medical treatment or supervision of the employee, the employee shall
3do all of the following:
SB70-AA1,200
4Section
200. 103.10 (6) (b) 1. of the statutes is amended to read:
SB70-AA1,97,85
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
6or supervision so that it does not unduly disrupt the employer's operations, subject
7to the approval of the health care provider of the child, spouse, domestic partner,
8parent,
grandparent, grandchild, sibling, or employee.
SB70-AA1,201
9Section
201. 103.10 (6) (c) of the statutes is created to read:
SB70-AA1,97,1410
103.10
(6) (c) If the employee intends to take family leave under sub. (3) (b) 4.
11that is foreseeable because the spouse, child, domestic partner, parent, grandparent,
12grandchild, or sibling of the employee is on covered active duty or has been notified
13of an impending call or order to covered active duty, the employee shall provide notice
14of that intention to the employer in a reasonable and practicable manner.
SB70-AA1,202
15Section
202. 103.10 (7) (a) of the statutes is amended to read:
SB70-AA1,97,2116
103.10
(7) (a) If an employee requests family leave for a reason described in sub.
17(3) (b) 3. or requests medical leave
due to a serious health condition, the employer
18may require the employee to provide certification, as described in par. (b), issued by
19the health care provider or Christian Science practitioner of the child, spouse,
20domestic partner, parent,
grandparent, grandchild, sibling, or employee, whichever
21is appropriate.
SB70-AA1,203
22Section
203. 103.10 (7) (b) (intro.) of the statutes is amended to read:
SB70-AA1,97,2423
103.10
(7) (b) (intro.) No employer may require certification
under par. (a) 24stating more than the following:
SB70-AA1,204
25Section
204. 103.10 (7) (b) 1. of the statutes is amended to read:
SB70-AA1,98,2
1103.10
(7) (b) 1. That the child, spouse, domestic partner, parent,
grandparent,
2grandchild, sibling, or employee has a serious health condition.
SB70-AA1,205
3Section
205. 103.10 (7) (cm) of the statutes is created to read:
SB70-AA1,98,74
103.10
(7) (cm) If an employee requests family leave for a reason described in
5sub. (3) (b) 3., the employer may require the employee to provide certification that
6the employee is responsible for the care of a child, spouse, domestic partner, parent,
7grandparent, grandchild, or sibling with a serious health condition.
SB70-AA1,206
8Section
206. 103.10 (7) (d) of the statutes is created to read:
SB70-AA1,98,159
103.10
(7) (d) If an employee requests family leave under sub. (3) (b) 4., the
10employer may require the employee to provide certification that the spouse, child,
11domestic partner, parent, grandparent, grandchild, or sibling of the employee is on
12covered active duty or has been notified of an impending call or order to covered
13active duty. The certification under this paragraph shall be issued at such time and
14in such manner as the department may prescribe by rule, and the employee shall
15provide a copy of that certification to the employer in a timely manner.
SB70-AA1,207
16Section
207. 103.10 (7) (e) of the statutes is created to read:
SB70-AA1,98,2117
103.10
(7) (e) If an employee requests family leave under sub. (3) (b) 5., the
18employer may require the employee to provide certification that there is an
19unforeseen or unexpected short-term gap in childcare, as defined in rule by the
20department, for the employee's child, grandchild, or sibling that the employee must
21fill. The department may prescribe by rule the form and content of the certification.
SB70-AA1,208
22Section
208. 103.10 (7) (f) of the statutes is created to read:
SB70-AA1,99,723
103.10
(7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or
24medical leave due to medical isolation, the employer may require the employee to
25provide certification issued by a local public health official, the department of health
1services, or a health care provider or Christian Science practitioner of the child,
2spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee,
3whichever is appropriate, except that no employer may require certification under
4this paragraph if the sole reason for the medical isolation is due to the employer's
5request under sub. (1) (em) 3. No employer may require certification under this
6subdivision stating more than that the child, spouse, domestic partner, parent,
7grandparent, grandchild, sibling, or employee is in medical isolation.
SB70-AA1,99,118
2. If an employee requests family leave under sub. (3) (b) 6., the employer may
9require the employee to provide certification that the employee is responsible for the
10care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling,
11or employee who is in medical isolation.
SB70-AA1,209
12Section
209. 103.10 (7) (g) of the statutes is created to read:
SB70-AA1,99,1713
103.10
(7) (g) If an employee requests family leave under sub. (3) (b) 7., the
14employer may require the employee to provide certification that the employee is
15addressing issues of the employee or the employee's child, spouse, domestic partner,
16parent, grandparent, grandchild, or sibling related to being the victim of domestic
17abuse, sexual abuse, or stalking.
SB70-AA1,210
18Section
210. 103.10 (10) of the statutes is amended to read:
SB70-AA1,99,2419
103.10
(10) Alternative employment. Nothing in this section prohibits an
20employer and an employee with a serious health condition
or in medical isolation 21from mutually agreeing to alternative employment for the employee while the
22serious health condition
or medical isolation lasts. No period of alternative
23employment, with the same employer, reduces the employee's right to family leave
24or medical leave.
SB70-AA1,211
25Section
211. 103.10 (12) (b) of the statutes is amended to read:
SB70-AA1,100,10
1103.10
(12) (b) An employee who believes his or her employer has violated sub.
2(11) (a) or (b) may, within
30 300 days after the violation occurs or the employee
3should reasonably have known that the violation occurred, whichever is later, file a
4complaint with the department alleging the violation. Except as provided in s.
5230.45 (1m), the department shall investigate the complaint and shall attempt to
6resolve the complaint by conference, conciliation or persuasion. If the complaint is
7not resolved and the department finds probable cause to believe a violation has
8occurred, the department shall proceed with notice and a hearing on the complaint
9as provided in ch. 227. The hearing shall be held within 60 days after the department
10receives the complaint.
SB70-AA1,212
11Section
212. 103.10 (12) (c) of the statutes is amended to read:
SB70-AA1,100,1812
103.10
(12) (c) If 2 or more health care providers disagree about any of the
13information required to be certified under sub. (7) (b), the department may appoint
14another health care provider to examine the child, spouse, domestic partner, parent,
15grandparent, grandchild, sibling, or employee and render an opinion as soon as
16possible. The department shall promptly notify the employee and the employer of
17the appointment. The employer and the employee shall each pay 50 percent of the
18cost of the examination and opinion.
SB70-AA1,213
19Section
213. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
SB70-AA1,214
20Section
214. 103.10 (14) (b) of the statutes is repealed.
SB70-AA1,215
21Section
215. 103.105 of the statutes is created to read:
SB70-AA1,100,23
22103.105 Family and medical leave benefits insurance program. (1) 23Definitions. In this section:
SB70-AA1,101,3
1(a) “Application year" means the 12-month period beginning on the first day
2of the first calendar week for which family or medical leave insurance benefits are
3claimed by a covered individual.
SB70-AA1,101,154
(b) “Average weekly earnings" means one-thirteenth of the wages paid to an
5employee during the last completed calendar quarter prior to the covered
6individual's date of eligibility for benefits under this section and includes all sick,
7holiday, vacation, and termination pay that is paid directly by an employer to an
8employee at the employee's usual rate of pay during his or her last completed
9calendar quarter as a result of employment for an employer and any total or partial
10disability payments under ch. 102 or a federal law that provides for payments on
11account of a work-related injury or illness. For self-employed individuals, “
average
12weekly earnings" means one fifty-second of the gross income reported as income to
13the federal internal revenue service in the most recent tax year in which the
14individual filed taxes prior to the individual's date of eligibility for benefits under this
15section.
SB70-AA1,101,1916
(c) “Covered individual" means an employee who satisfies s. 103.10 (2) (c), or
17a self-employed individual who elects coverage under sub. (2), regardless of whether
18the individual is employed or unemployed at the time the individual files an
19application for family or medical leave insurance benefits.
SB70-AA1,101,2020
(d) “Employee" has the meaning given in s. 103.10 (1) (b).
SB70-AA1,101,2121
(e) “Employer" has the meaning given in s. 103.10 (1) (c).
SB70-AA1,101,2422
(f) “Family leave" means an individual's leave from employment,
23self-employment, or availability for employment for a reason specified in s. 103.10
24(3) (b) 1. to 7. or 103.11 (4).
SB70-AA1,102,2
1(g) “Family or medical leave insurance benefits" means benefits payable under
2this section from the family and medical leave benefits insurance trust fund.
SB70-AA1,102,43
(h) “Medical leave” means leave from employment, self-employment, or
4availability for employment for any of the reasons in s. 103.10 (4).
SB70-AA1,102,75
(i) “Self-employed individual” means a sole proprietor, partner of a
6partnership, member of a limited liability company, or other individual engaged in
7a vocation, profession, or business for himself or herself and not for an employer.
SB70-AA1,102,108
(j) “State annual median wage" means the median hourly wage for all
9occupations in this state in a calendar year, as determined by the bureau of labor
10statistics of the U.S. department of labor, multiplied by 2,080.
SB70-AA1,102,22
11(2) Election by self-employed individual. A self-employed individual may
12elect to be covered under this section by filing a written notice of election with the
13department in a form and manner prescribed by the department by rule. An initial
14election under this subsection becomes effective on the date on which the notice of
15election is filed, shall be for a period of not less than 3 years, and may be renewed for
16subsequent one-year periods by the filing of a written notice with the department
17that the self-employed individual intends to continue his or her coverage under this
18section. A self-employed individual who elects coverage under this section may
19withdraw that election no earlier than 3 years after the date of the initial election or
20at such other times as the department may prescribe by rule by providing notice of
21that withdrawal to the department not less than 30 days before the expiration date
22of the election.
SB70-AA1,103,2
23(3) Eligibility for benefits. (a) Except as otherwise provided in sub. (6), a
24covered individual who is on family leave or medical leave is eligible to receive family
1or medical leave insurance benefits in the amount specified in sub. (4) and for the
2duration specified in sub. (5).
SB70-AA1,103,143
(b) To receive family or medical leave insurance benefits, a covered individual
4shall file a claim for those benefits within the time and in the manner that the
5department prescribes by rule. On receipt of a claim for family or medical leave
6insurance benefits, the department may request from the individual's employer or
7from the self-employed individual any information necessary for the department to
8determine the individual's eligibility for those benefits and the amount and duration
9of those benefits. The employer or self-employed individual shall provide that
10information to the department within the time and in the manner that the
11department prescribes by rule. If the department determines that a covered
12individual is eligible to receive family or medical leave insurance benefits, the
13department shall provide those benefits to the individual as provided in subs. (4) and
14(5).
SB70-AA1,103,17
15(4) Amount of benefits. Except as provided in sub. (6), the amount of family
16or medical leave insurance benefits payable for a week shall be based upon the
17covered individual's average weekly earnings, as follows:
SB70-AA1,103,2118
(a) For the amount of the covered individual's average weekly earnings that are
19less than 50 percent of the state annual median wage in the calendar year before the
20covered individual's application year, 90 percent of the covered individual's average
21weekly earnings.
SB70-AA1,103,2522
(b) For the amount of the covered individual's average weekly earnings that are
23more than or equal to 50 percent of the state annual median wage in the calendar
24year before the covered individual's application year, 50 percent of the covered
25individual's average weekly earnings.
SB70-AA1,104,4
1(5) Duration of benefits. The maximum number of weeks for which family or
2medical leave insurance benefits are payable in an application year is 12 weeks. A
3covered individual may be paid family or medical leave insurance benefits
4continuously, or at the option of the covered individual, intermittently.
SB70-AA1,104,12
5(6) Employer exemption from participation in paid family and medical leave
6benefits insurance program. (a) If an employer provides family and medical leave
7benefits that are identical to or more generous than benefits provided under this
8section, the employer may elect to not participate in the paid family and medical
9leave benefits insurance program under this section. If the department grants an
10exemption under this subsection, the employer shall pay benefits that are at least
11identical to benefits under this section, and an employee is entitled to be paid those
12benefits.
SB70-AA1,104,1713
(b) An employer that elects to not participate in the paid family and medical
14leave benefits insurance program under this section shall request an exemption from
15the department in writing, in the manner prescribed by the department. An
16exemption from participation is not effective until approved by the department in
17writing.
SB70-AA1,104,2018
(c) The department may grant a written exemption from participation to an
19employer who complies with this subsection and all rules promulgated by the
20department under par. (g).
SB70-AA1,104,2421
(d) The department may withdraw its written exemption order granted under
22par. (c) if the department determines that an employer is not providing paid family
23and medical leave benefits to employees that are at least identical to those provided
24under this section.
SB70-AA1,105,10
1(e) If an employee believes that his or her employer that has an exemption
2under this subsection has violated the employee's right to paid family and medical
3leave benefits identical to those provided under this section, the employee may file
4a complaint with the department alleging the violation, and the department shall
5process the complaint in the same manner as complaints filed under s. 103.10 (12)
6(b) are processed. If the department finds that an employer has violated this
7subsection, the department may order the employer to take action to remedy the
8violation, including providing the paid family and medical leave benefits, and,
9notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the
10employee.
SB70-AA1,105,1511
(f) After the completion of an administrative proceeding under par. (e),
12including judicial review, an employee or the department may bring an action in
13circuit court against an employer to recover damages caused by a violation of this
14subsection. Section 103.10 (13) (b) applies to the commencement of an action under
15this paragraph.
SB70-AA1,105,1616
(g) The department shall promulgate rules to implement this subsection.
SB70-AA1,105,19
17(7) Federal tax treatment of benefits. With respect to the federal income
18taxation of family or medical leave insurance benefits, the department shall do all
19of the following:
SB70-AA1,105,2520
(a) At the time an individual files a claim for those benefits, advise the
21individual that those benefits may be subject to federal income taxation, that
22requirements exist under federal law pertaining to estimated tax payments, and
23that the individual may elect to have federal income taxes withheld from the
24individual's benefit payments and may change that election not more than one time
25in an application year.
SB70-AA1,106,4
1(b) Allow the individual to elect to have federal income tax deducted and
2withheld from the individual's benefit payments, allow the individual to change that
3election not more than one time in an application year, and deduct and withhold that
4tax in accordance with the individual's election as provided under
26 USC 3402.
SB70-AA1,106,75
(c) Upon making a deduction under par. (b), transfer the amount deducted from
6the family and medical leave insurance trust fund to the federal internal revenue
7service.
SB70-AA1,106,108
(d) In deducting and withholding federal income taxes from an individual's
9benefit payments, follow all procedures specified by the federal internal revenue
10service pertaining to the deducting and withholding of federal income tax.
SB70-AA1,106,16
11(8) Family and medical leave insurance trust fund. (a) The department shall
12determine the amount of the required contribution by each employee, self-employed
13individual who elects coverage under sub. (2), and each employer. The required
14contribution shall be based on the employee's wages or the self-employed
15individual's earnings. The required contribution for an employee shall be equally
16shared between each employee and the employee's employer.
SB70-AA1,106,1817
(b) Each employer shall withhold from the wages of its employees the amount
18determined by the department under this subsection.
SB70-AA1,106,2419
(c) The department shall promulgate rules to establish procedures for filing
20wage reports and collecting the contributions withheld by employers and
21employer-required contributions under par. (a). The department may utilize the
22quarterly wage reports submitted under s. 108.205 in lieu of separate contribution
23reports and may utilize the procedures for collecting contributions that apply to the
24collection of contributions to the unemployment reserve fund under s. 108.17.
SB70-AA1,107,4
1(cm) The department shall promulgate rules providing for a right to a hearing
2in cases involving the liability of employers for contributions under this subsection.
3The department's decisions shall be subject to the rights and procedures for
4contested cases under ch. 227.
SB70-AA1,107,65
(d) The department shall collect contributions from self-employed individuals
6pursuant to procedures established by the department under sub. (12) (b).
SB70-AA1,107,87
(e) The department shall deposit contributions received under this subsection
8in the family and medical leave benefits insurance trust fund.