AB1156: Bill Text

AB1156,,146 (b) After the completion of an administrative proceeding under par. (a), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (11) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB1156,,147 (13) Administration. The department shall administer the family and medical leave insurance program under this section. In administering the program, the department shall do all of the following:

AB1156,,148 (a) Establish procedures and forms for filing claims for benefits under this section.

AB1156,,149 (b) Establish procedures and forms for collecting contributions from self-employed individuals.

AB1156,,150 (c) Collect demographic information of claimants.

AB1156,,151 (d) Promulgate rules to implement this section.

AB1156,,152 (e) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section.

AB1156,,153 (f) Conduct a public outreach campaign to inform employers, employees, self-employed individuals, and other covered individuals regarding the family and medical leave insurance program under this section. Information provided under this paragraph shall be provided in English and in any other language customarily spoken by more than 20 percent of the population of this state.

AB1156,,154 (g) By September 1 of each year, submit a report to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) on the family and medical leave insurance program under this section. The report shall include all of the following:

AB1156,,155 1. The projected and actual rates of participation in the program, aggregated by reason for use of the paid leave benefits.

AB1156,,156 2. The premium rates for coverage under the program.

AB1156,,157 3. The current balance and projected balance for the upcoming year in the family and medical leave insurance trust fund under s. 25.52.

AB1156,,158 4. Average duration of paid leave benefits, aggregated by reason for use of the paid leave benefits.

AB1156,,159 5. Average weekly benefit amount.

AB1156,,160 6. Aggregated demographic information about each applicant and covered individual who received benefits in the preceding calendar year, including age, gender, race, ethnicity, primary language, residential zip code, average weekly earnings, occupation, and employment type.

AB1156,,161 7. Number of appeals filed and outcomes of appeals.

AB1156,,162 8. For leave benefits paid to a covered individual who received benefits because of caring for a family member with a serious health condition, the relationship of the family member to the covered individual.

AB1156,,163 9. A description of the department’s outreach efforts under par. (f).

AB1156,,164 (14) Records. Notwithstanding s. 19.35 (1), individual personal information maintained by the department under this section is confidential and not open to public inspection and copying and may be disclosed only as follows:

AB1156,,165 (a) On the request of the individual who is the subject of the information or the individual’s authorized representative, to the individual or representative.

AB1156,,166 (b) With the written permission of the individual who is the subject of the information or the individual’s authorized representative, to a person named in the permission.

AB1156,,167 (c) To a public employee for use in the performance of the public employee’s official duties in the administration of the family and medical leave insurance program under this section.

AB1156,,168 (d) Under a court order or an order of a hearing examiner that is obtained upon prior notice to the department and a showing to the court or hearing examiner that the information is relevant to a pending court or administrative action.

AB1156,,169 (15) Notice posted. (a) Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form provided by the department setting forth employees’ rights under this section. Each employer shall also provide annually thereafter such a written notice individually to each employee upon hiring the employee. Any employer that violates this subsection shall forfeit not more than $100 for each violation.

AB1156,,170 (b) The notice required under this section shall include all of the following:

AB1156,,171 1. An employee’s right to family or medical leave insurance benefits under this section.

AB1156,,172 2. The amount of family or medical leave insurance benefits generally available for each employee.

AB1156,,173 3. The procedure for filing a claim for benefits.

AB1156,,174 4. The prohibition on discriminatory or retaliatory personnel actions against a person for applying for or receiving family or medical leave insurance benefits.

AB1156,,175 5. An employee’s right to file a complaint for violations of this section.

AB1156,,176 (c) The notice required under this section shall be provided in English, the language typically used in communications between the employer and an individual employee, and any other language that is the primary language of at least 20 percent of employees at a workplace.

AB1156,42 Section 42. 103.12 (2) of the statutes is amended to read:

AB1156,,178 103.12 (2) In this section, “employment benefit” means anything of value, other than wages and salary, that an employer makes available to an employee, including a retirement, benefit, a pension, benefit, a profit sharing, benefit, or an insurance, or leave benefit. “Employment benefit” does not include a leave benefit.

AB1156,43 Section 43. 103.12 (3) of the statutes is amended to read:

AB1156,,180 103.12 (3) (a) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), no city, village, town, or county may enact or enforce an ordinance requiring an employer to provide certain employment benefits to its employees, to provide a minimum level of employment benefits to its employees, or to prescribe the terms or conditions of employment benefits provided to its employees.

AB1156,,181 (b) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), if a city, village, town, or county has in effect on April 18, 2018, an ordinance requiring an employer to provide certain employment benefits or to provide a minimum level of employment benefits to its employees, the ordinance does not apply and may not be enforced.

AB1156,44 Section 44. 103.12 (4) of the statutes is created to read:

AB1156,,183 103.12 (4) Notwithstanding sub. (3), a city, village, town, or county may enact or enforce an ordinance requiring an employer to provide leave benefits to its employees if those benefits are more generous than the leave benefits provided under state law.

AB1156,45 Section 45. 111.322 (2m) (a) of the statutes is amended to read:

AB1156,,185 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB1156,46 Section 46. 111.322 (2m) (b) of the statutes is amended to read:

AB1156,,187 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB1156,47 Section 47. 165.68 (1) (a) 3. of the statutes is repealed and recreated to read:

AB1156,,189 165.68 (1) (a) 3. 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.

AB1156,48 Section 48. 227.03 (2) of the statutes is amended to read:

AB1156,,191 227.03 (2) Except as provided in s. ss. 103.105 (9) and (10) and 108.105, only the provisions of this chapter relating to rules are applicable to matters arising out of s. 66.191, 1981 stats., s. 40.65 (2), 289.33, 303.07 (7) or 303.21 or subch. II of ch. 107 or ch. 102, 108 or 949.

AB1156,49 Section 49. Nonstatutory provisions.

AB1156,,193 (1) Proposed permanent rules. The department of workforce development shall submit in proposed form the rules required under s. 103.105 (13) (d) to the legislative council staff under s. 227.15 (1) no later than the first day of the 4th month beginning after the effective date of this subsection.

AB1156,,194 (2) Rule-making exceptions for permanent rules.

AB1156,,195 (a) Notwithstanding s. 227.135 (2), the department of workforce development is not required to present the statement of the scope of the rules required under s. 103.105 (13) (d) to the department of administration for review by the department of administration and approval by the governor.

AB1156,,196 (b) Notwithstanding s. 227.185, the department of workforce development is not required to present the rules required under s. 103.105 (13) (d) in final draft form to the governor for approval.

AB1156,,197 (c) Notwithstanding s. 227.137 (2), the department of workforce development is not required to prepare an economic impact analysis for the rules required under s. 103.105 (13) (d).

AB1156,,198 (d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of workforce development is not required to submit the proposed rules required under s. 103.105 (13) (d) to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB1156,,199 (3) Emergency rules. Using the procedure under s. 227.24, the department of workforce development shall promulgate the rules required under s. 103.105 (13) (d) for the period before the effective date of the permanent rules promulgated under s. 103.105 (13) (d) but not to exceed the period authorized under s. 227.24 (1) (c), subject to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval.

AB1156,,200 (4) Family and medical leave insurance program staff. The authorized FTE positions for the department of workforce development are increased by 45.0 GPR positions in fiscal year 2023-24, and by 198.0 GPR positions in fiscal year 2024-25, to be funded from the appropriation under s. 20.445 (1) (w) for the purpose of administering the family and medical leave insurance program under s. 103.105.

AB1156,50 Section 50. Fiscal changes.

AB1156,,202 (1) Transfers to family and medical leave insurance trust fund. There is transferred from the general fund to the family and medical leave insurance trust fund under s. 25.52 $258,500,000 in the 2023-25 fiscal biennium.

AB1156,51 Section 51. Initial applicability.

AB1156,,204 (1) Family and medical leave insurance trust fund contributions. Except as provided in sub. (3), the treatment of s. 103.105 (9) first applies to wages earned after January 1, 2025.

AB1156,,205 (2) Family or medical leave insurance benefits eligibility. Except as provided in sub. (3), the treatment of s. 103.105 (3) first applies to a period of family leave, as defined in s. 103.105 (1) (i), or a period of medical leave, as defined in s. 103.105 (1) (n), commencing on January 1, 2026.

AB1156,,206 (3) Collective bargaining agreements. This act first applies to an employee who is affected by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed.

AB1156,,207 (end)