AB50-ASA2-AA6,3423Section 342. 108.04 (2) (b) of the statutes is repealed and recreated to read: AB50-ASA2-AA6,159,64108.04 (2) (b) 1. The department may, by rule, establish waivers from the 5registration for work requirement under par. (a) 2. and the work search 6requirement under par. (a) 3. AB50-ASA2-AA6,159,1672. a. The department may promulgate rules under subd. 1. as emergency 8rules, using the procedure under s. 227.24, if the secretary of workforce 9development determines that the waiver is needed only on a temporary basis or that 10permanent rules are not warranted. Notwithstanding s. 227.24 (1) (a) and (3), the 11department is not required to provide evidence that promulgating a rule under this 12subd. 2. a. as an emergency rule is necessary for the preservation of the public 13peace, health, safety, or welfare and is not required to provide a finding of 14emergency for a rule promulgated under this subd. 2. a. Except as provided under 15subd. 2. b., a rule promulgated under this subd. 2. a. remains in effect only for 150 16days. AB50-ASA2-AA6,159,2317b. Notwithstanding s. 227.24 (2), the secretary of workforce development may 18extend the effective period of an emergency rule promulgated under subd. 2. a. for a 19period specified by the secretary not to exceed 60 days. Any number of extensions 20may be granted under this subd. 2. b. Whenever the secretary extends an 21emergency rule under this subd. 2. b., it shall file a statement of its action with the 22legislative reference bureau. The statement shall identify the specific emergency 23rule to which it relates. AB50-ASA2-AA6,160,103108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for 4which there is a determination that the claimant failed to comply with the 5registration for work and work search requirements under par. (a) 2. or 3. or failed 6to provide verification to the department that the claimant complied with those 7requirements, unless the department has waived those requirements under par. 8(b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a 9claimant for any such week, the department may recover the overpayment under s. 10108.22. AB50-ASA2-AA6,160,1812108.04 (2) (h) A claimant shall, when the claimant first files a claim for 13benefits under this chapter and during each subsequent week the claimant files for 14benefits under this chapter, inform the department whether he or she is receiving 15social security disability insurance payments, as defined in sub. (12) (f) 2m s. 16108.05 (7m) (b). If the claimant is receiving social security disability insurance 17payments, the claimant shall, in the manner prescribed by the department, report 18to the department the amount of the social security disability insurance payments. AB50-ASA2-AA6,34820Section 348. 108.04 (5) (intro.) of the statutes is renumbered 108.04 (5) (cm) 21and amended to read: AB50-ASA2-AA6,161,1822108.04 (5) (cm) An employee whose work is terminated by an employing unit 23for misconduct by the employee connected with the employee’s work is ineligible to
1receive benefits until 7 weeks have elapsed since the end of the week in which the 2discharge occurs and the employee earns wages after the week in which the 3discharge occurs equal to at least 14 times the employee’s weekly benefit rate under 4s. 108.05 (1) in employment or other work covered by the unemployment insurance 5law of any state or the federal government. For purposes of requalification, the 6employee’s weekly benefit rate shall be the rate that would have been paid had the 7discharge not occurred. The wages paid to an employee by an employer which 8terminates employment of the employee for misconduct connected with the 9employee’s employment shall be excluded from the employee’s base period wages 10under s. 108.06 (1) for purposes of benefit entitlement. This subsection paragraph 11does not preclude an employee who has employment with an employer other than 12the employer which terminated the employee for misconduct from establishing a 13benefit year using the base period wages excluded under this subsection paragraph 14if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The 15department shall charge to the fund’s balancing account any benefits otherwise 16chargeable to the account of an employer that is subject to the contribution 17requirements under ss. 108.17 and 108.18 from which base period wages are 18excluded under this subsection paragraph. AB50-ASA2-AA6,162,219(am) For purposes of this subsection, “misconduct” means one or more actions 20or conduct evincing such willful or wanton disregard of an employer’s interests as is 21found in deliberate violations or disregard of standards of behavior which an 22employer has a right to expect of his or her employees, or in carelessness or 23negligence of such degree or recurrence as to manifest culpability, wrongful intent, 24or evil design of equal severity to such disregard, or to show an intentional and
1substantial disregard of an employer’s interests, or of an employee’s duties and 2obligations to his or her employer. AB50-ASA2-AA6,162,43(bm) In addition to the conduct described in par. (am), “misconduct” includes 4all of the following: AB50-ASA2-AA6,3495Section 349. 108.04 (5) (a) to (g) of the statutes are renumbered 108.04 (5) 6(bm) 1. to 7., and 108.04 (5) (bm) 5. and 7., as renumbered, are amended to read: AB50-ASA2-AA6,162,157108.04 (5) (bm) 5. Absenteeism by an employee on more than 2 occasions 8within the 120-day period before the date of the employee’s termination, unless 9otherwise specified by his or her employer in an employment manual of which the 10employee has acknowledged receipt with his or her signature, or excessive tardiness 11by an employee in violation of a policy of the employer that has been communicated 12to the employee, if the employee does not provide to his or her employer both notice 13and one or more valid reasons for the absenteeism or tardiness. For purposes of this 14subdivision, an employee’s notice and reason for an occasion of absenteeism or 15tardiness shall be analyzed under the standard specified in par. (am). AB50-ASA2-AA6,162,22167. Unless directed by the employer, a willful and deliberate violation of a 17written and uniformly applied standard or regulation of the federal government or 18a state or Indian tribal government by an employee of an employer that is licensed 19or certified by a governmental agency, which standard or regulation has been 20communicated by the employer to the employee and which violation would cause the 21employer to be sanctioned or to have its license or certification suspended by the 22agency. AB50-ASA2-AA6,163,10
1108.04 (7) (e) Paragraph (a) does not apply if the department determines that 2the employee accepted work that the employee could have failed to accept under sub. 3(8) and terminated the work on the same grounds and within the first 30 calendar 4days 10 weeks after starting the work, or that the employee accepted work that the 5employee could have refused under sub. (9) and terminated the work within the 6first 30 calendar days 10 weeks after starting the work. For purposes of this 7paragraph, an employee has the same grounds for voluntarily terminating work if 8the employee could have failed to accept the work under sub. (8) (d) to (em) when it 9was offered, regardless of the reason articulated by the employee for the 10termination. AB50-ASA2-AA6,35312Section 353. 108.04 (7) (t) 2. of the statutes is amended to read: AB50-ASA2-AA6,163,1513108.04 (7) (t) 2. The employee’s spouse was required by the U.S. armed forces 14his or her employing unit to relocate to a place to which it is impractical for the 15employee to commute. AB50-ASA2-AA6,164,817108.04 (8) (a) Except as provided in par. (b), if If an employee fails, without 18good cause, to accept suitable work when offered, the employee is ineligible to 19receive benefits until the employee earns wages after the week in which the failure 20occurs equal to at least 6 times the employee’s weekly benefit rate under s. 108.05 21(1) in employment or other work covered by the unemployment insurance law of any 22state or the federal government. For purposes of requalification, the employee’s 23weekly benefit rate shall be that rate which would have been paid had the failure
1not occurred. This paragraph does not preclude an employee from establishing a 2benefit year during a period in which the employee is ineligible to receive benefits 3under this paragraph if the employee qualifies to establish a benefit year under s. 4108.06 (2) (a). Except as provided in par. (b), the The department shall charge to 5the fund’s balancing account any benefits otherwise chargeable to the account of an 6employer that is subject to the contribution requirements under ss. 108.17 and 7108.18 whenever an employee of that employer fails, without good cause, to accept 8suitable work offered by that employer. AB50-ASA2-AA6,35610Section 356. 108.04 (8) (d) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,164,1311108.04 (8) (d) (intro.) With respect to the first 6 10 weeks after the employee 12became unemployed, “suitable work,” for purposes of par. (a), means work to which 13all of the following apply: AB50-ASA2-AA6,164,2015108.04 (8) (dm) With respect to the 7th 11th week after the employee became 16unemployed and any week thereafter, “suitable work,” for purposes of par. (a), 17means any work that the employee is capable of performing, regardless of whether 18the employee has any relevant experience or training, that pays wages that are 19above the lowest quartile of wages for similar work in the labor market area in 20which the work is located, as determined by the department. AB50-ASA2-AA6,165,722108.04 (11) (bm) The department shall apply any ineligibility under par. (be) 23against benefits and weeks of eligibility for which the claimant would otherwise be
1eligible after the week of concealment and within 6 years after the date of an initial 2determination issued under s. 108.09 finding that a concealment occurred. The 3claimant shall not receive waiting period credit under sub. (3) for the period of 4ineligibility applied under par. (be). If no benefit rate applies to the week for which 5the claim is made, the department shall use the claimant’s benefit rate for the 6claimant’s next benefit year beginning after the week of concealment to determine 7the amount of the benefit reduction. AB50-ASA2-AA6,3598Section 359. 108.04 (12) (f) 1m. and 2m. of the statutes are renumbered 9108.05 (7m) (a) and (b) and amended to read: AB50-ASA2-AA6,165,1210108.05 (7m) (a) The intent of the legislature in enacting this paragraph 11subsection is to prevent the payment of duplicative government benefits for the 12replacement of lost earnings or income, regardless of an individual’s ability to work. AB50-ASA2-AA6,165,1513(b) In this paragraph subsection, “social security disability insurance 14payment” means a payment of social security disability insurance benefits under 42 15USC ch. 7 subch. II. AB50-ASA2-AA6,36117Section 361. 108.04 (12) (f) 4. of the statutes is renumbered 108.05 (7m) (e). AB50-ASA2-AA6,165,2019108.05 (1) (cm) For purposes of par. (r), the department shall set the 20maximum weekly benefit amount as follows: AB50-ASA2-AA6,165,22211. For benefits paid for a week of total unemployment that commences on or 22after January 5, 2014, but before January 4, 2026, $370. AB50-ASA2-AA6,166,2
12. For benefits paid for a week of total unemployment that commences on or 2after January 4, 2026, but before January 3, 2027, $497. AB50-ASA2-AA6,166,533. For benefits paid for a week of total unemployment that commences on or 4after January 3, 2027, the department shall set the maximum weekly benefit 5amount as provided under sub. (2). AB50-ASA2-AA6,3636Section 363. 108.05 (1) (r) of the statutes is renumbered 108.05 (1) (r) 7(intro.) and amended to read: AB50-ASA2-AA6,166,158108.05 (1) (r) (intro.) Except as provided in s. 108.062 (6) (a), each eligible 9employee shall be paid benefits for each week of total unemployment that 10commences on or after January 5, 2014, at the a weekly benefit rate specified in this 11paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal to 4 12percent of the employee’s base period wages that were paid during that quarter of 13the employee’s base period in which the employee was paid the highest total wages, 14rounded down to the nearest whole dollar, except that, if that amount as provided 15under sub. (1m) and except as follows: AB50-ASA2-AA6,166,17161. If the employee’s weekly benefit rate calculated under this paragraph is 17less than $54, no benefits are payable to the employee and, if that amount. AB50-ASA2-AA6,166,21182. If the employee’s weekly benefit rate is more than $370 the maximum 19weekly benefit amount specified in par. (cm), the employee’s weekly benefit rate 20shall be $370 and except that, if the maximum weekly benefit amount specified in 21par. (cm). AB50-ASA2-AA6,167,2223. If the employee’s benefits are exhausted during any week under s. 108.06
1(1), the employee shall be paid the remaining amount of benefits payable to the 2employee under s. 108.06 (1). AB50-ASA2-AA6,167,53(s) The department shall publish on its Internet site a weekly benefit rate 4schedule of quarterly wages and the corresponding weekly benefit rates as 5calculated in accordance with this paragraph subsection. AB50-ASA2-AA6,167,107108.05 (2) Indexing. (a) For benefits paid or payable for a week that 8commences on or after January 3, 2027, the department shall set the maximum 9weekly benefit amount under sub. (1) (cm) 3. and the wage limitation under sub. (3) 10(dm) 2. c. by doing the following: AB50-ASA2-AA6,167,15111. Except as provided in subd. 2., calculating the percentage difference 12between the consumer price index for the 12-month period ending on July 31 of the 13prior year and the consumer price index for the 12-month period ending on July 31 14of the year before the prior year, adjusting the prior year’s amount or limitation by 15that percentage difference, and rounding that result to the nearest whole dollar. AB50-ASA2-AA6,167,19162. If the consumer price index for the 12-month period ending on July 31 of 17the prior year has not increased over the consumer price index for the 12-month 18period ending on July 31 of the year before the prior year, setting the amount or 19limitation at the same amount or limitation that was in effect in the previous year. AB50-ASA2-AA6,167,2220(b) An adjustment under this subsection of the maximum weekly benefit 21amount under sub. (1) (cm) 3. and the wage limitation under sub. (3) (dm) 2. c. shall 22take effect on the 1st Sunday in January of each calendar year. AB50-ASA2-AA6,365
1Section 365. 108.05 (3) (dm) of the statutes is renumbered 108.05 (3) (dm) 1. 2and amended to read: AB50-ASA2-AA6,168,93108.05 (3) (dm) 1. Except when otherwise authorized in an approved work-4share program under s. 108.062, a claimant is ineligible to receive any benefits for a 5week if the claimant receives or will receive from one or more employers wages 6earned for work performed in that week, amounts treated as wages under s. 108.04 7(1) (bm) for that week, sick pay, holiday pay, vacation pay, termination pay, bonus 8pay, back pay, or payments treated as wages under s. 108.04 (12) (e), or any 9combination thereof, totalling more than $500 the amount specified in subd. 2. AB50-ASA2-AA6,36610Section 366. 108.05 (3) (dm) 2. of the statutes is created to read: AB50-ASA2-AA6,168,1211108.05 (3) (dm) 2. The department shall set the wage limitation under subd. 121. as follows: AB50-ASA2-AA6,168,1313a. For a week of unemployment that commences before January 4, 2026, $500. AB50-ASA2-AA6,168,1514b. For a week of unemployment that commences on or after January 4, 2026, 15but before January 3, 2027, $672. AB50-ASA2-AA6,168,1716c. For a week of unemployment that commences on or after January 3, 2027, 17the department shall set the wage limitation as provided under sub. (2). AB50-ASA2-AA6,36718Section 367. 108.05 (7m) (title), (c) and (d) of the statutes are created to 19read: AB50-ASA2-AA6,168,2020108.05 (7m) (title) Social security disability insurance payments. AB50-ASA2-AA6,169,221(c) If a monthly social security disability insurance payment is issued to a 22claimant, the department shall reduce benefits otherwise payable to the claimant 23for a given week in accordance with par. (d). This subsection does not apply to a
1lump sum social security disability insurance payment in the nature of a retroactive 2payment or back pay. AB50-ASA2-AA6,169,53(d) The department shall allocate a monthly social security disability 4insurance payment by allocating to each week the fraction of the payment 5attributable to that week. AB50-ASA2-AA6,169,107108.05 (9) Rounding of benefit amounts. Notwithstanding sub. (1), 8benefits payable for a week of unemployment as a result of applying sub. (1m), (3) 9or, (7), or (7m) or s. 108.04 (11) or (12), 108.06 (1), 108.13 (4) or (5) or 108.135 shall 10be rounded down to the next lowest dollar. AB50-ASA2-AA6,36911Section 369. 108.05 (10) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,169,1512108.05 (10) Deductions from benefit payments. (intro.) After calculating 13the benefit payment due to be paid for a week under subs. (1) to (7) (7m), the 14department shall make deductions from that payment to the extent that the 15payment is sufficient to make the following payments in the following order: AB50-ASA2-AA6,170,918108.14 (2e) The department may shall provide a secure means of electronic 19interchange between itself and employing units, claimants, and other persons that, 20upon request to and with prior approval by the department, may shall be used for 21departmental transmission or receipt of any document specified by the department 22that is related to the administration of this chapter and related federal programs in 23lieu of any other means of submission or receipt specified in this chapter. The
1secure means of electronic interchange shall be used by employing units, claimants, 2and other persons unless the person demonstrates good cause, as specified in s. 3108.022, for being unable to use the secure means of electronic interchange. Subject 4to s. 137.25 (2) and any rules promulgated thereunder, the department may permit 5the use of electronic records and electronic signatures for any document specified by 6the department that is related to the administration of this chapter. If a due date is 7established by statute for the receipt of any document that is submitted 8electronically to the department under this subsection, then that submission is 9timely only if the document is submitted by midnight of the statutory due date. AB50-ASA2-AA6,171,211108.14 (8n) (e) The department shall charge this state’s share of any benefits 12paid under this subsection to the account of each employer by which the employee 13claiming benefits was employed in the applicable base period, in proportion to the 14total amount of wages he or she earned from each employer in the base period, 15except that if s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or 16(8) (a) to and (c), or 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) would have 17applied to employment by such an employer who is subject to the contribution 18requirements of ss. 108.17 and 108.18, the department shall charge the share of 19benefits based on employment with that employer to the fund’s balancing account, 20or, if s. 108.04 (1) (f), (5), or (5g) or 108.07 (3) would have applied to an employer that 21is not subject to the contribution requirements of ss. 108.17 and 108.18, the 22department shall charge the share of benefits based on that employment in 23accordance with s. 108.07 (5) (am) 1. and 2. The department shall also charge the
1fund’s balancing account with any other state’s share of such benefits pending 2reimbursement by that state. AB50-ASA2-AA6,3733Section 373. 108.14 (8n) (e) of the statutes, as affected by 2025 Wisconsin 4Act .... (this act), is amended to read: AB50-ASA2-AA6,171,185108.14 (8n) (e) The department shall charge this state’s share of any benefits 6paid under this subsection to the account of each employer by which the employee 7claiming benefits was employed in the applicable base period, in proportion to the 8total amount of wages he or she earned from each employer in the base period, 9except that if s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or 10(8) (a) and (c) or 108.07 (3), (3r), or (5) (am) 2. would have applied to employment by 11such an employer who is subject to the contribution requirements of ss. 108.17 and 12108.18, the department shall charge the share of benefits based on employment 13with that employer to the fund’s balancing account, or, if s. 108.04 (1) (f), or (5), or 14(5g) or 108.07 (3) would have applied to an employer that is not subject to the 15contribution requirements of ss. 108.17 and 108.18, the department shall charge 16the share of benefits based on that employment in accordance with s. 108.07 (5) 17(am) 1. and 2. The department shall also charge the fund’s balancing account with 18any other state’s share of such benefits pending reimbursement by that state. AB50-ASA2-AA6,172,320108.141 (7) (a) The department shall charge the state’s share of each week of 21extended benefits to each employer’s account in proportion to the employer’s share 22of the total wages of the employee receiving the benefits in the employee’s base 23period, except that if the employer is subject to the contribution requirements of ss. 24108.17 and 108.18 the department shall charge the share of extended benefits to
1which s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or (8) (a) 2to and (c), or 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) applies to the fund’s 3balancing account. AB50-ASA2-AA6,3754Section 375. 108.141 (7) (a) of the statutes, as affected by 2025 Wisconsin 5Act .... (this act), is amended to read: AB50-ASA2-AA6,172,126108.141 (7) (a) The department shall charge the state’s share of each week of 7extended benefits to each employer’s account in proportion to the employer’s share 8of the total wages of the employee receiving the benefits in the employee’s base 9period, except that if the employer is subject to the contribution requirements of ss. 10108.17 and 108.18 the department shall charge the share of extended benefits to 11which s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or (8) (a) 12and (c) or 108.07 (3), (3r), or (5) (am) 2. applies to the fund’s balancing account. AB50-ASA2-AA6,172,1714108.16 (6m) (a) The benefits thus chargeable under sub. (7) (a) or (b) or s. 15108.04 (1) (f), (5), (5g), (7) (u), (7m), (8) (a) to and (c), (13) (c) or (d) or (16) (e), 108.07 16(3), (3r), (5) (am) 2. and (bm) 3. a., (5m), and (6), 108.133 (3) (f), 108.14 (8n) (e), 17108.141, 108.15, 108.151, or 108.152. AB50-ASA2-AA6,37718Section 377. 108.16 (6m) (a) of the statutes, as affected by 2025 Wisconsin 19Act .... (this act), is amended to read: AB50-ASA2-AA6,172,2320108.16 (6m) (a) The benefits thus chargeable under sub. (7) (a) or (b) or s. 21108.04 (1) (f), (5), (5g), (7) (u), (7m), (8) (a) and (c), (13) (c) or (d) or (16) (e), 108.07 (3), 22(3r), (5) (am) 2. and (bm) 3. a., (5m), and (6), 108.14 (8n) (e), 108.141, 108.15, 23108.151, or 108.152. AB50-ASA2-AA6,173,8
1108.17 (2) (a) Except as provided in par. (b) and subject to sub. (2b) and s. 2108.185, every employer that is subject to a contribution requirement shall file 3quarterly reports of contributions required under this chapter with the 4department, and pay contributions to the department, in such manner as the 5department prescribes. Each contribution report and payment is due at the close of 6the month next following the end of the applicable calendar quarter, except as 7authorized in sub. (2c) or as the department may assign a later due date pursuant 8to sub. (1m) or general department rules. AB50-ASA2-AA6,173,199(b) The department may electronically provide a means whereby an employer 10that files its employment and wage reports electronically may determine the 11amount of contributions due for payment by the employer under s. 108.18 for each 12quarter. If an employer that is subject to a contribution requirement files its 13employment and wage reports under s. 108.205 (1) electronically, in the manner 14prescribed by the department for purposes of this paragraph under s. 108.205 (2), 15the department may require the employer to determine electronically the amount of 16contributions due for payment by the employer under s. 108.18 for each quarter. In 17such case, the employer is excused from filing contribution reports under par. (a). 18The employer shall pay the amount due for each quarter by the due date specified in 19par. (a). AB50-ASA2-AA6,174,1021108.17 (2b) The department shall prescribe a form and methodology for filing 22contribution reports under sub. (2) electronically. Each employer of 25 or more 23employees, as determined under s. 108.22 (1) (ae), that does not use an and
1employer agent to file its contribution reports under this section shall file its 2contribution reports electronically in the manner and form prescribed by the 3department. Each employer that becomes subject to an electronic reporting 4requirement under this subsection shall file its initial report under this subsection 5for the quarter during which the employer becomes subject to the reporting 6requirement. Once an employer becomes subject to a reporting requirement under 7this subsection, it shall continue to file its reports under this subsection unless that 8requirement is waived by the department unless the employer demonstrates good 9cause, as specified in s. 108.022, for being unable to file contribution reports 10electronically.
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