SB1064: Bill Text

SB1064,,172 2. The amount of family or medical leave insurance benefits generally available for each employee.

SB1064,,173 3. The procedure for filing a claim for benefits.

SB1064,,174 4. The prohibition on discriminatory or retaliatory personnel actions against a person for applying for or receiving family or medical leave insurance benefits.

SB1064,,175 5. An employee’s right to file a complaint for violations of this section.

SB1064,,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.

SB1064,42 Section 42. 103.12 (2) of the statutes is amended to read:

SB1064,,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.

SB1064,43 Section 43. 103.12 (3) of the statutes is amended to read:

SB1064,,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.

SB1064,,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.

SB1064,44 Section 44. 103.12 (4) of the statutes is created to read:

SB1064,,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.

SB1064,45 Section 45. 111.322 (2m) (a) of the statutes is amended to read:

SB1064,,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.

SB1064,46 Section 46. 111.322 (2m) (b) of the statutes is amended to read:

SB1064,,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.

SB1064,47 Section 47. 165.68 (1) (a) 3. of the statutes is repealed and recreated to read:

SB1064,,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.

SB1064,48 Section 48. 227.03 (2) of the statutes is amended to read:

SB1064,,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.

SB1064,49 Section 49. Nonstatutory provisions.

SB1064,,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.

SB1064,,194 (2) Rule-making exceptions for permanent rules.

SB1064,,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.

SB1064,,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.

SB1064,,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).

SB1064,,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.

SB1064,,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.

SB1064,,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.

SB1064,50 Section 50. Fiscal changes.

SB1064,,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.

SB1064,51 Section 51. Initial applicability.

SB1064,,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.

SB1064,,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.

SB1064,,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.

SB1064,,207 (end)