Amendment SA1-SSA2-SB70

SB70-SSA2-SA1,89,12 103.005 (12) (a) If any employer, employee, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employee, owner or other person shall forfeit not less than $10 nor more than $100 for each offense. This paragraph does not apply to any person that fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).

SB70-SSA2-SA1,158 Section 158. 103.007 of the statutes is repealed.

SB70-SSA2-SA1,159 Section 159. 103.06 (1) (b) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,89,17 103.06 (1) (b) (intro.) “Employee" means , for purposes of compliance with the requirements specified in sub. (3) (a), any of the following who is employed by an employer:

SB70-SSA2-SA1,160 Section 160. 103.06 (1) (c) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,89,21 103.06 (1) (c) (intro.) “Employer" means , for purposes of compliance with the requirements specified in sub. (3) (a), any of the following that is engaged in the work described in s. 108.18 (2) (c):

SB70-SSA2-SA1,161 Section 161. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06 (10) (intro.) and (a), as renumbered, are amended to read:

SB70-SSA2-SA1,90,3 103.06 (10) Worker classification compliance; duties of department. (intro.) For purposes of promoting and achieving compliance by employers with the laws specified in sub. (3) (a) through the proper classification of persons performing services for an employer as employees and nonemployees, the The department shall do all of the following:

SB70-SSA2-SA1,90,9 (a) Educate employers, employees, nonemployees, and the public about the proper classification of persons performing services for an employer as employees and nonemployees. The department shall establish and maintain on the department's website information regarding worker classification laws, requirements for employers and employees, penalties for noncompliance, and contact information at each state agency that administers worker classification laws.

SB70-SSA2-SA1,162 Section 162. 103.06 (10) (f) of the statutes is created to read:

SB70-SSA2-SA1,90,14 103.06 (10) (f) Design and make available to employers a notice regarding worker classification laws, requirements for employers and employees, and penalties for noncompliance. The department shall promulgate rules to implement this paragraph.

SB70-SSA2-SA1,163 Section 163. 103.06 (11) of the statutes is created to read:

SB70-SSA2-SA1,90,19 103.06 (11) Notice. All employers shall post, in one or more conspicuous places where notices to employees are customarily posted, the notice designed by the department under sub. (10) (f). Any employer who violates this subsection shall forfeit not more than $100 for each offense.

SB70-SSA2-SA1,164 Section 164. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

SB70-SSA2-SA1,90,23 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

SB70-SSA2-SA1,165 Section 165. 103.10 (1) (a) 1. of the statutes is repealed.

SB70-SSA2-SA1,166 Section 166. 103.10 (1) (a) 2. of the statutes is repealed.

SB70-SSA2-SA1,167 Section 167. 103.10 (1) (ap) of the statutes is created to read:

SB70-SSA2-SA1,91,2 103.10 (1) (ap) “Covered active duty” means any of the following:

SB70-SSA2-SA1,91,4 1. For 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.

SB70-SSA2-SA1,91,8 2. For 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).

SB70-SSA2-SA1,168 Section 168. 103.10 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA1,91,13 103.10 (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.

SB70-SSA2-SA1,169 Section 169. 103.10 (1) (dm) of the statutes is created to read:

SB70-SSA2-SA1,91,15 103.10 (1) (dm) “Grandchild” means the child of a child.

SB70-SSA2-SA1,170 Section 170. 103.10 (1) (dp) of the statutes is created to read:

SB70-SSA2-SA1,91,17 103.10 (1) (dp) “Grandparent” means the parent of a parent.

SB70-SSA2-SA1,171 Section 171. 103.10 (1) (em) of the statutes is created to read:

SB70-SSA2-SA1,91,19 103.10 (1) (em) “Medical isolation” means any of the following:

SB70-SSA2-SA1,91,23 1. When a health care professional, a local health officer, or the department of health services advises that an 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.

SB70-SSA2-SA1,91,25 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

SB70-SSA2-SA1,92,3 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.

SB70-SSA2-SA1,172 Section 172. 103.10 (1) (gm) of the statutes is created to read:

SB70-SSA2-SA1,92,6 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

SB70-SSA2-SA1,173 Section 173. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

SB70-SSA2-SA1,174 Section 174. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

SB70-SSA2-SA1,175 Section 175. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

SB70-SSA2-SA1,176 Section 176. 103.10 (2) (c) of the statutes is amended to read:

SB70-SSA2-SA1,92,13 103.10 (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.

SB70-SSA2-SA1,177 Section 177. 103.10 (3) (a) of the statutes is repealed.

SB70-SSA2-SA1,178 Section 178. 103.10 (3) (b) 3. of the statutes is amended to read:

SB70-SSA2-SA1,92,18 103.10 (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.

SB70-SSA2-SA1,179 Section 179. 103.10 (3) (b) 4. of the statutes is created to read:

SB70-SSA2-SA1,92,23 103.10 (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.

SB70-SSA2-SA1,180 Section 180. 103.10 (3) (b) 5. of the statutes is created to read:

SB70-SSA2-SA1,93,4 103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap in childcare for the employee's child, grandchild, or sibling that the employee must fill. The department may define by rule “unforeseen or unexpected short-term gap in childcare.”

SB70-SSA2-SA1,181 Section 181. 103.10 (3) (b) 6. of the statutes is created to read:

SB70-SSA2-SA1,93,8 103.10 (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.

SB70-SSA2-SA1,182 Section 182. 103.10 (3) (b) 7. of the statutes is created to read:

SB70-SSA2-SA1,93,12 103.10 (3) (b) 7. To address issues of the employee or the employee's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling related to being the victim of domestic abuse, sexual abuse, or stalking.

SB70-SSA2-SA1,183 Section 183. 103.10 (4) (a) of the statutes is amended to read:

SB70-SSA2-SA1,93,17 103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), 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.

SB70-SSA2-SA1,184 Section 184. 103.10 (4) (b) of the statutes is repealed.

SB70-SSA2-SA1,185 Section 185. 103.10 (4m) of the statutes is created to read:

SB70-SSA2-SA1,93,22 103.10 (4m) Duration of leave. In a 12-month period, no employee may take more than 12 weeks of family leave for any combination of reasons specified under sub. (3) or (4).

SB70-SSA2-SA1,186 Section 186. 103.10 (6) (b) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,94,3 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling 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:

SB70-SSA2-SA1,187 Section 187. 103.10 (6) (b) 1. of the statutes is amended to read:

SB70-SSA2-SA1,94,8 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision 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, parent, grandparent, grandchild, sibling, or employee.

SB70-SSA2-SA1,188 Section 188. 103.10 (6) (c) of the statutes is created to read:

SB70-SSA2-SA1,94,14 103.10 (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.

SB70-SSA2-SA1,189 Section 189. 103.10 (7) (a) of the statutes is amended to read:

SB70-SSA2-SA1,94,21 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. 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, parent, grandparent, grandchild, sibling, or employee, whichever is appropriate.

SB70-SSA2-SA1,190 Section 190. 103.10 (7) (b) (intro.) of the statutes is amended to read:

SB70-SSA2-SA1,94,24 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

SB70-SSA2-SA1,191 Section 191. 103.10 (7) (b) 1. of the statutes is amended to read:

SB70-SSA2-SA1,95,2 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

SB70-SSA2-SA1,192 Section 192. 103.10 (7) (cm) of the statutes is created to read:

SB70-SSA2-SA1,95,7 103.10 (7) (cm) If an employee requests family leave for a reason described in sub. (3) (b) 3., the employer may require the employee to provide certification that the employee is responsible for the care of a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition.

SB70-SSA2-SA1,193 Section 193. 103.10 (7) (d) of the statutes is created to read:

SB70-SSA2-SA1,95,15 103.10 (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. The certification under this paragraph shall be 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.

SB70-SSA2-SA1,194 Section 194. 103.10 (7) (e) of the statutes is created to read:

SB70-SSA2-SA1,95,21 103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the employer may require the employee to provide certification that there is an unforeseen or unexpected short-term gap in childcare, as defined in rule by the department, for the employee's child, grandchild, or sibling that the employee must fill. The department may prescribe by rule the form and content of the certification.

SB70-SSA2-SA1,195 Section 195. 103.10 (7) (f) of the statutes is created to read:

SB70-SSA2-SA1,96,7 103.10 (7) (f) 1. 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 subdivision stating more than that the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee is in medical isolation.

SB70-SSA2-SA1,96,11 2. If an employee requests family leave under sub. (3) (b) 6., the employer may require the employee to provide certification that the employee is responsible for the care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee who is in medical isolation.

SB70-SSA2-SA1,196 Section 196. 103.10 (7) (g) of the statutes is created to read:

SB70-SSA2-SA1,96,17 103.10 (7) (g) If an employee requests family leave under sub. (3) (b) 7., the employer may require the employee to provide certification that the employee is addressing issues of the employee or the employee's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling related to being the victim of domestic abuse, sexual abuse, or stalking.

SB70-SSA2-SA1,197 Section 197. 103.10 (10) of the statutes is amended to read:

SB70-SSA2-SA1,96,24 103.10 (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.

SB70-SSA2-SA1,198 Section 198. 103.10 (12) (b) of the statutes is amended to read:

SB70-SSA2-SA1,97,10 103.10 (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.

SB70-SSA2-SA1,199 Section 199. 103.10 (12) (c) of the statutes is amended to read:

SB70-SSA2-SA1,97,18 103.10 (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.

SB70-SSA2-SA1,200 Section 200. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

SB70-SSA2-SA1,201 Section 201. 103.10 (14) (b) of the statutes is repealed.

SB70-SSA2-SA1,202 Section 202. 103.105 of the statutes is created to read:

SB70-SSA2-SA1,97,23 103.105 Family and medical leave benefits insurance program. (1) Definitions. In this section:

SB70-SSA2-SA1,98,3 (a) “Application year" means the 12-month period beginning on the first day of the first calendar week for which family or medical leave insurance benefits are claimed by a covered individual.