AB1156: Bill Text

1. Allows a covered individual whose claim for family or medical leave insurance benefits is denied by DWD, or who believes the amount of approved benefits is less than what the individual is entitled to, to request a hearing on the denial or benefits approved and requires DWD to process the request for hearing in the same manner that requests for hearings on unemployment insurance claims are processed under current law.

2. Requires employers to place employees who return from family or medical leave, and who received family or medical leave insurance benefits, in the same position or a similar position upon returning from leave and to maintain any health insurance coverage that was in place before the employee took the leave.

3. Allows DWD to seek repayment of family or medical leave insurance benefits that are paid erroneously or as a result of willful misrepresentation in the same manner that DWD recovers erroneous payments of unemployment insurance benefits under current law or to waive recovery of an erroneous payment of those benefits if the erroneous payment was not the fault of the individual who received it and if requiring repayment would be contrary to equity and good conscience.

4. Provides that if an individual willfully makes a false statement or representation, or willfully fails to disclose a material fact, to obtain family or medical leave insurance benefits, the individual is disqualified from receiving those benefits for up to one year after the date of the disqualification.

Finally, the bill allows a city, village, town, or county to enact and enforce ordinances requiring employers to provide leave from employment to their employees if those ordinances are more generous than those provided under state law.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AB1156,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1156,1 Section 1. 20.445 (1) (w) of the statutes is created to read:

AB1156,,6 20.445 (1) (w) Family and medical leave insurance trust fund. From the family and medical leave insurance trust fund, all moneys deposited in that fund under s. 103.105 (9) for the payments of family or medical leave insurance benefits under s. 103.105 (3) and for the administration of the family and medical leave insurance program under s. 103.105.

AB1156,2 Section 2. 25.17 (1) (er) of the statutes is created to read:

AB1156,,8 25.17 (1) (er) Family and medical leave insurance trust fund (s. 25.52);

AB1156,3 Section 3. 25.52 of the statutes is created to read:

AB1156,,10 25.52 Family and medical leave insurance trust fund. There is created a separate nonlapsible trust fund designated as the family and medical leave insurance trust fund, to consist of all moneys deposited in that fund under s. 103.105 (9).

AB1156,4 Section 4. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB1156,,12 103.10 (1) (a) “Child” means a natural, adopted, or foster child, a stepchild, a child for whom the individual stood or stands in the place of a parent, or a legal ward to whom any of the following applies:.

AB1156,5 Section 5. 103.10 (1) (a) 1. of the statutes is repealed.

AB1156,6 Section 6. 103.10 (1) (a) 2. of the statutes is repealed.

AB1156,7 Section 7. 103.10 (1) (an) of the statutes is created to read:

AB1156,,16 103.10 (1) (an) “Covered active duty” means any of the following:

AB1156,,17 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.

AB1156,,18 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 under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

AB1156,8 Section 8. 103.10 (1) (ao) of the statutes is created to read:

AB1156,,20 103.10 (1) (ao) “Domestic abuse” has the meaning given in s. 968.075 (1) (a).

AB1156,9 Section 9. 103.10 (1) (b) of the statutes is amended to read:

AB1156,,22 103.10 (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, spouse, domestic partner, or child.

AB1156,10 Section 10. 103.10 (1) (c) of the statutes is amended to read:

AB1156,,24 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer” “Employer” means a person engaging in any activity, enterprise, or business in this state employing at least 50 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.

AB1156,11 Section 11. 103.10 (1) (db) of the statutes is created to read:

AB1156,,26 103.10 (1) (db) “Family member” means a spouse or domestic partner of an employee; a parent, child, sibling, brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an employee or of an employee’s spouse or domestic partner; or any other person who is related by blood, marriage, or adoption to an employee or to an employee’s spouse or domestic partner or whose close association with the employee, spouse, or domestic partner makes the person the equivalent of a family member of the employee, spouse, or domestic partner.

AB1156,12 Section 12. 103.10 (1) (dm) of the statutes is created to read:

AB1156,,28 103.10 (1) (dm) “Grandchild” means the child of a child.

AB1156,13 Section 13. 103.10 (1) (dp) of the statutes is created to read:

AB1156,,30 103.10 (1) (dp) “Grandparent” means the parent of a parent.

AB1156,14 Section 14. 103.10 (1) (gm) of the statutes is created to read:

AB1156,,32 103.10 (1) (gm) “Sexual abuse” means conduct that is in violation of s. 940.225, 944.30 (1m), 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

AB1156,15 Section 15. 103.10 (1) (gr) of the statutes is created to read:

AB1156,,34 103.10 (1) (gr) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, foster status, or adoption.

AB1156,16 Section 16. 103.10 (1) (j) of the statutes is created to read:

AB1156,,36 103.10 (1) (j) “Stalking” means to engage in a course of conduct, as defined in s. 940.32 (1) (a), that meets the criteria of s. 940.32 (2) (a).

AB1156,17 Section 17. 103.10 (1m) of the statutes is repealed.

AB1156,18 Section 18. 103.10 (3) (a) 1. of the statutes is amended to read:

AB1156,,39 103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 12 weeks of family leave under par. (b) 1. and, 2., and 4. to 8.

AB1156,19 Section 19. 103.10 (3) (a) 3. of the statutes is amended to read:

AB1156,,41 103.10 (3) (a) 3. In a 12-month period no employee may take more than 8 14 weeks of family leave for any combination of reasons specified under par. (b).

AB1156,20 Section 20. 103.10 (3) (b) 1. of the statutes is amended to read:

AB1156,,43 103.10 (3) (b) 1. The birth of the employee’s natural child, if the leave begins within 16 52 weeks of the child’s birth.

AB1156,21 Section 21. 103.10 (3) (b) 2. of the statutes is amended to read:

AB1156,,45 103.10 (3) (b) 2. The placement of a child with the employee for adoption or as a precondition to adoption under s. 48.90 (2), but not both, or for foster care, including pre-placement activities, if the leave begins within 16 52 weeks of the child’s placement.

AB1156,22 Section 22. 103.10 (3) (b) 3. of the statutes is amended to read:

AB1156,,47 103.10 (3) (b) 3. To care for the employee’s child, spouse, domestic partner, or parent, family member if the child, spouse, domestic partner, or parent family member has a serious health condition.

AB1156,23 Section 23. 103.10 (3) (b) 4. of the statutes is created to read:

AB1156,,49 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the family member of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

AB1156,24 Section 24. 103.10 (3) (b) 5. of the statutes is created to read:

AB1156,,51 103.10 (3) (b) 5. Because the employee or the employee’s family member is the victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave to seek medical attention or obtain psychological or other counseling for the employee or the employee’s family member to recover from any health condition caused by domestic abuse, sexual abuse, or stalking.

AB1156,25 Section 25. 103.10 (3) (b) 6. of the statutes is created to read:

AB1156,,53 103.10 (3) (b) 6. Because the employee or the employee’s family member is the victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave to obtain services for the employee or the employee’s family member from an organization that provides services to victims of domestic abuse, sexual abuse, or stalking.

AB1156,26 Section 26. 103.10 (3) (b) 7. of the statutes is created to read:

AB1156,,55 103.10 (3) (b) 7. Because the employee or the employee’s family member is the victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave to relocate the residence of the employee or the employee’s family member due to domestic abuse, sexual abuse, or stalking.

AB1156,27 Section 27. 103.10 (3) (b) 8. of the statutes is created to read:

AB1156,,57 103.10 (3) (b) 8. Because the employee or the employee’s family member is the victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave to initiate, prepare for, or testify, assist, or otherwise participate in any civil or criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.

AB1156,28 Section 28. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB1156,,59 103.10 (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 family member 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:

AB1156,29 Section 29. 103.10 (6) (b) 1. of the statutes is amended to read:

AB1156,,61 103.10 (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, family member or employee.

AB1156,30 Section 30. 103.10 (6) (c) of the statutes is created to read:

AB1156,,63 103.10 (6) (c) If an employee intends to take leave under sub. (3) (b) 4. that is foreseeable because the family member 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.

AB1156,31 Section 31. 103.10 (7) (a) of the statutes is amended to read:

AB1156,,65 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave, 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, family member or employee, whichever is appropriate.

AB1156,32 Section 32. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB1156,,67 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB1156,33 Section 33. 103.10 (7) (b) 1. of the statutes is amended to read:

AB1156,,69 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, family member or employee has a serious health condition.

AB1156,34 Section 34. 103.10 (7) (d) of the statutes is created to read:

AB1156,,71 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer may require the employee to provide certification that the family member 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.

AB1156,35 Section 35. 103.10 (8m) of the statutes is created to read:

AB1156,,73 103.10 (8m) Self-attestation for victim of domestic abuse, sexual abuse, or stalking. If an employee requests leave under sub. (3) (b) 5. to 8., the employer may require the employee to provide a self-attestation that the employee or the employee’s family member is the victim of domestic abuse, sexual abuse, or stalking.

AB1156,36 Section 36. 103.10 (11) (d) of the statutes is created to read:

AB1156,,75 103.10 (11) (d) No employer may consider leave taken under this section as an absence that may lead to or result in discipline, discharge, demotion, suspension, or any other adverse action against an employee.

AB1156,37 Section 37. 103.10 (12) (c) of the statutes is amended to read:

AB1156,,77 103.10 (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, family member 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.

AB1156,38 Section 38. 103.10 (14) (a) of the statutes is amended to read:

AB1156,,79 103.10 (14) (a) Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. Each employer shall provide such a written notice to each employee upon hiring and annually thereafter, when an employee requests leave, and when the employer learns that an employee’s leave request may be for family or medical leave under this section. Any employer who violates this subsection shall forfeit not more than $100 for each offense.

AB1156,39 Section 39. 103.10 (14) (b) of the statutes is repealed.

AB1156,40 Section 40. 103.10 (14) (c) and (d) of the statutes are created to read:

AB1156,,82 103.10 (14) (c) The notice required under this subsection shall include all of the following:

AB1156,,83 1. An employee’s right to family or medical leave under this section.

AB1156,,84 2. The amount of family or medical leave generally available for employees.