Amendment SA1-SSA2-SB45

SB45-SSA2-SA1,193 Section 193. 103.10 (1) (b) of the statutes is amended to read:

SB45-SSA2-SA1,68,14 103.10 (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, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

SB45-SSA2-SA1,194 Section 194. 103.10 (1) (dm) of the statutes is created to read:

SB45-SSA2-SA1,68,16 103.10 (1) (dm) “Grandchild” means the child of a child.

SB45-SSA2-SA1,195 Section 195. 103.10 (1) (dp) of the statutes is created to read:

SB45-SSA2-SA1,68,18 103.10 (1) (dp) “Grandparent” means the parent of a parent.

SB45-SSA2-SA1,196 Section 196. 103.10 (1) (em) of the statutes is created to read:

SB45-SSA2-SA1,68,20 103.10 (1) (em) “Medical isolation” means any of the following:

SB45-SSA2-SA1,69,2 1. When a health care professional, a local health officer, or the department of health services advises that an individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

SB45-SSA2-SA1,69,4 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

SB45-SSA2-SA1,69,7 3. When an individual’s employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

SB45-SSA2-SA1,197 Section 197. 103.10 (1) (gm) of the statutes is created to read:

SB45-SSA2-SA1,69,10 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

SB45-SSA2-SA1,198 Section 198. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

SB45-SSA2-SA1,199 Section 199. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

SB45-SSA2-SA1,200 Section 200. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

SB45-SSA2-SA1,201 Section 201. 103.10 (2) (c) of the statutes is amended to read:

SB45-SSA2-SA1,69,17 103.10 (2) (c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 680 hours during the preceding 52-week period.

SB45-SSA2-SA1,202 Section 202. 103.10 (3) (a) of the statutes is repealed.

SB45-SSA2-SA1,203 Section 203. 103.10 (3) (b) 3. of the statutes is amended to read:

SB45-SSA2-SA1,69,22 103.10 (3) (b) 3. To care for the employee’s child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

SB45-SSA2-SA1,204 Section 204. 103.10 (3) (b) 4. of the statutes is created to read:

SB45-SSA2-SA1,70,4 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact 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.

SB45-SSA2-SA1,205 Section 205. 103.10 (3) (b) 5. of the statutes is created to read:

SB45-SSA2-SA1,70,9 103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap in childcare for the employee’s child, grandchild, or sibling that the employee must fill. The department may define by rule “unforeseen or unexpected short-term gap in childcare.”

SB45-SSA2-SA1,206 Section 206. 103.10 (3) (b) 6. of the statutes is created to read:

SB45-SSA2-SA1,70,13 103.10 (3) (b) 6. To care for the employee’s child, spouse, domestic partner, parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, parent, grandparent, grandchild, or sibling is in medical isolation.

SB45-SSA2-SA1,207 Section 207. 103.10 (3) (b) 7. of the statutes is created to read:

SB45-SSA2-SA1,70,17 103.10 (3) (b) 7. To address 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.

SB45-SSA2-SA1,208 Section 208. 103.10 (4) (a) of the statutes is amended to read:

SB45-SSA2-SA1,70,22 103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), an employee who is in medical isolation or has a serious health condition which makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties.

SB45-SSA2-SA1,209 Section 209. 103.10 (4) (b) of the statutes is repealed.

SB45-SSA2-SA1,210 Section 210. 103.10 (4m) of the statutes is created to read:

SB45-SSA2-SA1,71,4 103.10 (4m) Duration of leave. In a 12-month period, no employee may take more than 8 weeks of leave for any combination of reasons specified under sub. (3) or (4).

SB45-SSA2-SA1,211 Section 211. 103.10 (6) (b) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,71,10 103.10 (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, grandparent, grandchild, or sibling 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:

SB45-SSA2-SA1,212 Section 212. 103.10 (6) (b) 1. of the statutes is amended to read:

SB45-SSA2-SA1,71,15 103.10 (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, grandparent, grandchild, sibling, or employee.

SB45-SSA2-SA1,213 Section 213. 103.10 (6) (c) of the statutes is created to read:

SB45-SSA2-SA1,71,22 103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4. that is foreseeable because 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 employee shall provide notice of that intention to the employer in a reasonable and practicable manner.

SB45-SSA2-SA1,214 Section 214. 103.10 (7) (a) of the statutes is amended to read:

SB45-SSA2-SA1,72,6 103.10 (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.

SB45-SSA2-SA1,215 Section 215. 103.10 (7) (b) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,72,9 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

SB45-SSA2-SA1,216 Section 216. 103.10 (7) (b) 1. of the statutes is amended to read:

SB45-SSA2-SA1,72,12 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

SB45-SSA2-SA1,217 Section 217. 103.10 (7) (cm) of the statutes is created to read:

SB45-SSA2-SA1,72,17 103.10 (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.

SB45-SSA2-SA1,218 Section 218. 103.10 (7) (d) of the statutes is created to read:

SB45-SSA2-SA1,73,2 103.10 (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.

SB45-SSA2-SA1,219 Section 219. 103.10 (7) (e) of the statutes is created to read:

SB45-SSA2-SA1,73,9 103.10 (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.

SB45-SSA2-SA1,220 Section 220. 103.10 (7) (f) of the statutes is created to read:

SB45-SSA2-SA1,73,21 103.10 (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.

SB45-SSA2-SA1,74,2 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.

SB45-SSA2-SA1,221 Section 221. 103.10 (7) (g) of the statutes is created to read:

SB45-SSA2-SA1,74,8 103.10 (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.

SB45-SSA2-SA1,222 Section 222. 103.10 (10) of the statutes is amended to read:

SB45-SSA2-SA1,74,15 103.10 (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.

SB45-SSA2-SA1,223 Section 223. 103.10 (12) (b) of the statutes is amended to read:

SB45-SSA2-SA1,75,3 103.10 (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.

SB45-SSA2-SA1,224 Section 224. 103.10 (12) (c) of the statutes is amended to read:

SB45-SSA2-SA1,75,11 103.10 (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.

SB45-SSA2-SA1,225 Section 225. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

SB45-SSA2-SA1,226 Section 226. 103.10 (14) (b) of the statutes is repealed.

SB45-SSA2-SA1,227 Section 227. 115.3615 of the statutes is renumbered 49.39 and amended to read:

SB45-SSA2-SA1,76,5 49.39 Head start supplement. From the appropriation under s. 20.255 20.437 (2) (eh), the state superintendent secretary shall distribute funds to agencies determined by the state superintendent secretary to be eligible for designation as head start agencies under 42 USC 9836 to provide comprehensive health, educational, nutritional, social, and other services to economically disadvantaged children and their families. The state superintendent secretary shall distribute the funds in a manner consistent with 42 USC 9831 to 9852 except that there is no matching fund requirement. The state superintendent secretary shall give preference in funding under this section to agencies that are receiving federal funds under 42 USC 9831 to 9852 and to agencies that operate full-time or early head start programs. Funds distributed under this section may be used to match available federal funds under 42 USC 9831 to 9852 only if the funds are used to secure additional federal funds for the purposes under this section.

SB45-SSA2-SA1,228 Section 228. 165.68 (1) (a) 3. of the statutes is amended to read:

SB45-SSA2-SA1,76,7 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).

SB45-SSA2-SA1,229 Section 229. 230.12 (9m) of the statutes is created to read:

SB45-SSA2-SA1,76,10 230.12 (9m) Paid family and medical leave. (a) Definitions. In this subsection:

SB45-SSA2-SA1,76,12 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b).

SB45-SSA2-SA1,76,13 2. “Medical isolation” means any of the following:

SB45-SSA2-SA1,76,17 a. When a health care professional, a local health officer, or the department of health services advises that an individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

SB45-SSA2-SA1,76,19 b. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

SB45-SSA2-SA1,76,22 c. When an individual’s employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

SB45-SSA2-SA1,77,3 3. “Medical leave” means leave from employment when an employee is in medical isolation or has a serious health condition that makes the employee unable to perform his or her employment duties, or makes the employee unable to perform the duties of any suitable employment.

SB45-SSA2-SA1,77,4 4. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

SB45-SSA2-SA1,77,12 (b) Program. The administrator shall develop and recommend to the joint committee on employment relations a program, administered by the division, that provides paid family and medical leave for 8 weeks per year to employees whose compensation is established under this section or s. 20.923 (2) or (3) but does not include employees of the Board of Regents of the University of Wisconsin System. The approval process for the program is the same as that provided under sub. (3) (b), and, if approved, the program shall be incorporated into the compensation plan under sub. (1).

SB45-SSA2-SA1,77,14 (c) Rules. The administrator may promulgate rules to implement the family and medical leave program under par. (b).

SB45-SSA2-SA1,230 Section 230. 301.12 (1) of the statutes is amended to read:

SB45-SSA2-SA1,77,20 301.12 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or ch. 767 or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

SB45-SSA2-SA1,231 Section 231. 301.12 (14) (e) 1. of the statutes is amended to read:

SB45-SSA2-SA1,78,7 301.12 (14) (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.215, 46.22, or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

SB45-SSA2-SA1,232 Section 232. 767.001 (1) (m) of the statutes is amended to read:

SB45-SSA2-SA1,78,13 767.001 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats.

SB45-SSA2-SA1,233 Section 233. 767.511 (1m) (hm) of the statutes is amended to read:

SB45-SSA2-SA1,78,21 767.511 (1m) (hm) The best interests of the child, including, with respect to a child placed with an out-of-home care provider under ch. 48 or 938, the impact on the child of expenditures by the family for improvement of any conditions in the home that would facilitate the reunification of the child with the child’s family, if appropriate, and the importance of a placement that is the least restrictive of the rights of the child and the parents and the most appropriate for meeting the needs of the child and the family.

SB45-SSA2-SA1,234 Section 234. 767.521 (intro.) of the statutes is amended to read: