Amendment AA6-ASA2-AB50

AB50-ASA2-AA6,70,2 103.10 (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.

AB50-ASA2-AA6,158 Section 158. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,70,5 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB50-ASA2-AA6,159 Section 159. 103.10 (7) (b) 1. of the statutes is amended to read:

AB50-ASA2-AA6,70,8 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

AB50-ASA2-AA6,160 Section 160. 103.10 (7) (cm) of the statutes is created to read:

AB50-ASA2-AA6,70,13 103.10 (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.

AB50-ASA2-AA6,161 Section 161. 103.10 (7) (d) of the statutes is created to read:

AB50-ASA2-AA6,70,21 103.10 (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.

AB50-ASA2-AA6,162 Section 162. 103.10 (7) (e) of the statutes is created to read:

AB50-ASA2-AA6,71,5 103.10 (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.

AB50-ASA2-AA6,163 Section 163. 103.10 (7) (f) of the statutes is created to read:

AB50-ASA2-AA6,71,17 103.10 (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.

AB50-ASA2-AA6,71,21 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.

AB50-ASA2-AA6,164 Section 164. 103.10 (7) (g) of the statutes is created to read:

AB50-ASA2-AA6,72,4 103.10 (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.

AB50-ASA2-AA6,165 Section 165. 103.10 (10) of the statutes is amended to read:

AB50-ASA2-AA6,72,11 103.10 (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.

AB50-ASA2-AA6,166 Section 166. 103.10 (12) (b) of the statutes is amended to read:

AB50-ASA2-AA6,72,22 103.10 (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.

AB50-ASA2-AA6,167 Section 167. 103.10 (12) (c) of the statutes is amended to read:

AB50-ASA2-AA6,73,7 103.10 (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.

AB50-ASA2-AA6,168 Section 168. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

AB50-ASA2-AA6,169 Section 169. 103.10 (14) (b) of the statutes is repealed.

AB50-ASA2-AA6,170 Section 170. 165.68 (1) (a) 3. of the statutes is amended to read:

AB50-ASA2-AA6,73,11 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).

AB50-ASA2-AA6,9350 Section 9350. Initial applicability; Workforce Development.

AB50-ASA2-AA6,73,15 (1) Family and medical leave. The treatment of s. 103.10 (12) (b) first applies to a violation that occurs, or that an employee should reasonably have known occurred, on the effective date of this subsection.

AB50-ASA2-AA6,73,18 (2) Leave benefits eligibility. The treatment of s. 103.108 (2) first applies to a period of family leave, as defined in s. 103.108 (1) (f), or a period of medical leave, as defined in s. 103.105 (1) (i), commencing on January 1, 2027.

AB50-ASA2-AA6,9250 Section 9250. Fiscal changes; Workforce Development.

AB50-ASA2-AA6,74,4 (1) Family and medical leave expansion position funding. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (o), the dollar amount for fiscal year 2025-26 is increased by $103,600 to increase the authorized FTE positions for the department of workforce development by 1.0 FED project position to perform outreach and technical assistance to support the expanded family and medical leave provisions.. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (o), the dollar amount for fiscal year 2026-27 is increased by $103,600 for the position authorized under this subsection.

AB50-ASA2-AA6,74,9 (2) Family and medical leave expansion. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (n), the dollar amount for fiscal year 2025-26 is decreased by $103,600 and the dollar amount for fiscal year 2026-27 is decreased by $103,600 to reflect the position authorized under sub. (1) and the corresponding appropriation.”.

AB50-ASA2-AA6,74,10 14. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,74,11 “Section 171. 103.44 of the statutes is created to read:

AB50-ASA2-AA6,74,14 103.44 Compensation included in job postings. In each job posting seeking applicants that is made by an employer, the employer shall include the compensation for the position.”.

AB50-ASA2-AA6,74,15 15. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,74,16 “Section 172. 103.035 of the statutes is created to read:

AB50-ASA2-AA6,74,18 103.035 Work schedule flexibility and predictability. (1) Definitions. In this section:

AB50-ASA2-AA6,74,21 (a) “Bona fide business reason” means a reason that justifies an employer’s action and that is based on the employer’s determination that taking a different action would have any of the following results:

AB50-ASA2-AA6,75,2 1. Additional costs to the employer, including costs of lost employee productivity, retaining or hiring employees, or transferring employees between work locations.

AB50-ASA2-AA6,75,4 2. A significant detrimental effect on the employer’s ability to meet organizational needs or customer demand.

AB50-ASA2-AA6,75,6 3. A significant inability of the employer, despite the employer’s best efforts, to reorganize work among other employees.

AB50-ASA2-AA6,75,7 4. A significant detrimental effect on the employer’s business performance.

AB50-ASA2-AA6,75,8 5. Insufficient work during the period an employee proposes to work.

AB50-ASA2-AA6,75,11 6. Unfairness to other employees who request changes to work schedules if granting all requests would have a significant detrimental effect on the employer’s ability to meet organizational needs.

AB50-ASA2-AA6,75,12 (b) “Child” means an individual who is all of the following:

AB50-ASA2-AA6,75,14 1. A biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in the place of a parent with respect to that child.

AB50-ASA2-AA6,75,15 2. An individual to whom any of the following applies:

AB50-ASA2-AA6,75,16 a. The individual is less than 18 years of age.

AB50-ASA2-AA6,75,18 b. The individual is 18 years of age or older and is incapable of self-care because of a mental or physical disability.

AB50-ASA2-AA6,75,19 (c) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1).

AB50-ASA2-AA6,75,20 (d) “Employee” means an employee who is employed by an employer.

AB50-ASA2-AA6,76,2 (e) “Employer” means an employer that employs at least 15 employees. “Employer” includes the state, its political subdivisions, and any office, department, independent agency, authority, institution, association, society, or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB50-ASA2-AA6,76,3 (f) “Family member” means any of the following:

AB50-ASA2-AA6,76,4 1. A spouse or domestic partner of an employee.

AB50-ASA2-AA6,76,6 2. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or grandchild of an employee or of an employee’s spouse or domestic partner.

AB50-ASA2-AA6,76,10 3. Any other individual who is related by blood, marriage, or adoption to an employee or to an employee’s spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the individual the equivalent of an individual listed under subd. 2.

AB50-ASA2-AA6,76,11 (g) “Grandchild” means the child of a child.

AB50-ASA2-AA6,76,12 (h) “Grandparent” means the parent of a parent.

AB50-ASA2-AA6,76,15 (i) “Nonexempt employee” means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as described in 29 USC 213 (a) (1).

AB50-ASA2-AA6,76,18 (j) “Parent” means a biological parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee’s spouse or domestic partner.

AB50-ASA2-AA6,76,20 (k) “Part-time employee” means an employee who works on average fewer than 30 hours per week for a particular employer.

AB50-ASA2-AA6,77,2 (L) “Service employee” means a nonexempt employee who is employed in any of the occupations classified under the following codes set forth in the Standard Occupational Classification System, 2018 edition, published by the bureau of labor statistics of the U.S. department of labor:

AB50-ASA2-AA6,77,4 1. Major group code 35-0000 — food preparation and serving related occupations.

AB50-ASA2-AA6,77,5 2. Broad occupation code 37-2010 — building cleaning workers.

AB50-ASA2-AA6,77,7 3. Detailed occupation code 41-1011 — first-line supervisors of retail sales workers.

AB50-ASA2-AA6,77,8 4. Minor group code 41-2000 — retail sales workers.

AB50-ASA2-AA6,77,10 (m) “Sibling” means a brother, sister, half brother, half sister, stepbrother, stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption.

AB50-ASA2-AA6,77,13 (n) “Split shift” means a work shift that consists of work time that is not continuous. For purposes of determining whether a work shift is continuous, any of the following breaks in work time are not considered:

AB50-ASA2-AA6,77,14 1. One or more breaks for meals that total one hour or less.

AB50-ASA2-AA6,77,15 2. A break that is requested by the employee.

AB50-ASA2-AA6,77,18 (o) “Work schedule” means the days and times during each successive work period when an employee is required by an employer to perform duties of employment.

AB50-ASA2-AA6,77,20 (p) “Work shift” means the specific times during a day that an employer requires an employee to work.

AB50-ASA2-AA6,77,22 (q) “Written” includes a communication that is transmitted or received by electronic means.

AB50-ASA2-AA6,78,3 (2) Employee right to request and receive work schedule changes. (a) Employee right to request work schedule changes. 1. An employee may request a change in the terms and conditions of employment related to any of the following, and may make such a request by email or text message:

AB50-ASA2-AA6,78,4 a. The number of hours the employee is required to work or be on call for work.

AB50-ASA2-AA6,78,6 b. The days or times when the employee is required to work or be on call for work.

AB50-ASA2-AA6,78,7 c. The location where the employee is required to work.

AB50-ASA2-AA6,78,9 d. The amount of notification the employee receives regarding changes to the employee’s work schedule.

AB50-ASA2-AA6,78,11 e. Minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis.

AB50-ASA2-AA6,78,13 2. An employee who makes a request under subd. 1. shall specify in the request whether it is related to any of the following:

AB50-ASA2-AA6,78,15 a. A serious health condition, as defined under s. 103.10 (1) (g), of the employee.

AB50-ASA2-AA6,78,19 b. The employee’s responsibilities as a significant provider of ongoing care, including responsibility for securing ongoing care, of the employee’s child, family member with a serious health condition, as defined under s. 103.10 (1) (g), or parent who is 65 years of age or older.

AB50-ASA2-AA6,78,21 c. The employee’s responsibilities as a significant provider of education, including responsibility for securing education, of the employee’s child.

AB50-ASA2-AA6,78,23 d. The employee’s enrollment in an educational or training program or program of study that leads to a recognized postsecondary credential.

AB50-ASA2-AA6,79,2 e. If the employee is a part-time employee, conflicts with the employee’s other employment.

AB50-ASA2-AA6,79,10 (b) Evaluating requests for work schedule changes. If an employer receives a request from an employee under par. (a), the employer shall either grant the request without modification or negotiate in good faith with the employee to find a compromise that meets the employee’s and the employer’s work scheduling needs, including by considering any alternative proposals offered by the employee. If the employer denies the request and any alternative proposals offered, the employer shall inform the employee of the reasons for denial, including whether any of the reasons is a bona fide business reason.

AB50-ASA2-AA6,79,15 (c) Requests related to serious health conditions, caregiving, education, or other part-time employment. Notwithstanding par. (b), if an employer receives a request from an employee under par. (a) that is directly related to a reason specified under par. (a) 2., the employer shall grant the request unless the employer has a bona fide business reason for denying the request.

AB50-ASA2-AA6,79,20 (d) Verification of reasons for requested changes. If an employer receives a request from an employee under par. (a), the employer may require the employee to provide additional information to clarify or explain the reasons for the employee’s requested work schedule change if the employer needs that information to properly evaluate the request under par. (b) or (c).