Amendment SA1-SSA2-SB45

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:

SB45-SSA2-SA1,79,4 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

SB45-SSA2-SA1,235 Section 235. 767.55 (3) (a) 2. of the statutes is amended to read:

SB45-SSA2-SA1,79,7 767.55 (3) (a) 2. The child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.

SB45-SSA2-SA1,236 Section 236. 767.57 (1m) (c) of the statutes is amended to read:

SB45-SSA2-SA1,79,12 767.57 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 48.645 or public assistance under ch. 49 and there is an assignment to the state under s. 48.645 (3) or 49.19 (4) (h) 1. b. of the party’s right to the support or maintenance money.

SB45-SSA2-SA1,237 Section 237. 767.57 (2) of the statutes is amended to read:

SB45-SSA2-SA1,80,9 767.57 (2) Procedure if recipient on public assistance. If a party entitled to maintenance or support, or both, is receiving public assistance under ch. 49, the party may assign the party’s right to support or maintenance to the county department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 48.645 or public assistance under ch. 49 or that a kinship care provider or long-term kinship care provider of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).

SB45-SSA2-SA1,238 Section 238. 767.57 (4) of the statutes is amended to read:

SB45-SSA2-SA1,80,18 767.57 (4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.

SB45-SSA2-SA1,239 Section 239. 767.59 (1) of the statutes is amended to read:

SB45-SSA2-SA1,81,3 767.59 (1) Definition. In this section, “support or maintenance order” means a judgment or order providing for child support under this chapter or 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), 938.363 (2), or 948.22 (7), 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., for maintenance payments under s. 767.56, for family support payments under s. 767.531, 2019 stats., or for the appointment of trustees or receivers under s. 767.57 (5).

SB45-SSA2-SA1,240 Section 240. 767.59 (1c) (a) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,81,10 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:

SB45-SSA2-SA1,241 Section 241. 767.59 (2) (c) of the statutes is amended to read:

SB45-SSA2-SA1,81,17 767.59 (2) (c) If the court revises a judgment or order providing for child support that was 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., the court shall determine child support in the manner provided in s. 49.345 (14) or 301.12 (14), whichever is applicable.

SB45-SSA2-SA1,242 Section 242. 767.77 (1) of the statutes is amended to read:

SB45-SSA2-SA1,82,5 767.77 (1) Definition. In this section, “payment obligation” means an obligation to pay support 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., support or maintenance under s. 767.501, child support or maintenance under s. 767.225, child support under s. 767.511, maintenance under s. 767.56, family support under s. 767.225, 2019 stats., or s. 767.531, 2019 stats., attorney fees under s. 767.241, child support or a child’s health care expenses under s. 767.85, paternity obligations under s. 767.804 (3), 767.805 (4), 767.863 (3), or 767.89, support arrearages under s. 767.71, or child or spousal support under s. 948.22 (7).

SB45-SSA2-SA1,243 Section 243. 767.78 (1) of the statutes is amended to read:

SB45-SSA2-SA1,82,13 767.78 (1) Definition. In this section, “financial obligation” means an obligation for payment incurred under s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 767.531, 2019 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., or s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 767.225, 767.241, 767.511, 767.56, 767.61, 767.71, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).

SB45-SSA2-SA1,244 Section 244. 767.87 (6) (a) of the statutes is amended to read:

SB45-SSA2-SA1,82,24 767.87 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB45-SSA2-SA1,245 Section 245. 780.01 (5) of the statutes is amended to read:

SB45-SSA2-SA1,83,6 780.01 (5) For all arrearages owed by the owner in child support ordered 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), 938.363 (2), or 948.22 (7) or ch. 767 or 769 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., or in family support ordered under ch. 767.

SB45-SSA2-SA1,246 Section 246. 893.415 (2) of the statutes is amended to read:

SB45-SSA2-SA1,83,16 893.415 (2) An action to collect child or family support owed under a judgment or order entered under ch. 767, or to collect child support owed under a judgment or order 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), 938.363 (2), or 948.22 (7) 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., shall be commenced within 20 years after the youngest child for whom the support was ordered under the judgment or order reaches the age of 18 or, if the child is enrolled full-time in high school or its equivalent, reaches the age of 19.

SB45-SSA2-SA1,247 Section 247. 938.33 (3) (intro.) and (a) of the statutes are consolidated, renumbered 938.33 (3) and amended to read:

SB45-SSA2-SA1,84,7 938.33 (3) Correctional placement reports. A report recommending placement of a juvenile in a juvenile correctional facility or a secured residential care center for children and youth shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile’s counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following: (a) A a description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the court has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, the report shall indicate that a less restrictive alternative than placement in a juvenile correctional facility or a secured residential care center for children and youth is not appropriate.

SB45-SSA2-SA1,248 Section 248. 938.33 (3) (b) of the statutes is repealed.

SB45-SSA2-SA1,249 Section 249. 938.33 (4) (b) of the statutes is repealed.

SB45-SSA2-SA1,250 Section 250. 938.33 (4m) of the statutes is repealed.

SB45-SSA2-SA1,251 Section 251. 938.335 (3r) of the statutes is repealed.

SB45-SSA2-SA1,252 Section 252. 938.355 (2) (b) 4. of the statutes is repealed.

SB45-SSA2-SA1,253 Section 253. 938.355 (2) (b) 6. of the statutes is renumbered 938.355 (2) (b) 6. a. and amended to read:

SB45-SSA2-SA1,84,17 938.355 (2) (b) 6. a. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if.

SB45-SSA2-SA1,84,22 b. If the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), in addition to the finding under subd. 6. a., a finding that the juvenile’s current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent.

SB45-SSA2-SA1,85,7 c. The court order under subd. 6. a. or b. shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile’s permanency plan, including, if appropriate, through an out-of-state placement.

SB45-SSA2-SA1,85,14 d. The court shall make the findings specified in this subdivision on a case-by- case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

SB45-SSA2-SA1,254 Section 254. 938.357 (5m) (a) of the statutes is repealed.

SB45-SSA2-SA1,255 Section 255. 938.357 (5m) (b) of the statutes is renumbered 938.357 (5m).

SB45-SSA2-SA1,256 Section 256. 938.36 (4) of the statutes is created to read:

SB45-SSA2-SA1,85,22 938.36 (4) Child support referral. (a) The county department or the department may refer to the attorney responsible for support enforcement under s. 59.53 (6) (a) the name of the parent or parents of a juvenile for whom an out-of- home placement has been ordered under s. 938.355 or 938.357 based on criteria established by the department by rule.

SB45-SSA2-SA1,85,24 (b) The department shall promulgate rules establishing criteria for when it is appropriate for a child support referral to be made under par. (a).

SB45-SSA2-SA1,257 Section 257. 938.363 (2) of the statutes is amended to read:

SB45-SSA2-SA1,86,6 938.363 (2) Revision of support. If the court revises the amount of child support to be paid by a parent under the a dispositional order entered before July 1, 2026, for the care and maintenance of the parent’s juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent under s. 301.12 (14).

SB45-SSA2-SA1,258 Section 258. 938.38 (2) (f) of the statutes is amended to read:

SB45-SSA2-SA1,86,10 938.38 (2) (f) The juvenile’s care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a juvenile whose care is being paid for under s. 48.623 (1) (1r).

SB45-SSA2-SA1,259 Section 259. 938.38 (4) (j) (intro.) of the statutes is amended to read:

SB45-SSA2-SA1,86,14 938.38 (4) (j) (intro.) If the juvenile is placed in the home of a relative or other person described in s. 48.623 (1) (1r) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

SB45-SSA2-SA1,260 Section 260. 938.38 (4) (j) 3. of the statutes is amended to read:

SB45-SSA2-SA1,86,20 938.38 (4) (j) 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (1r) (b) 1. through a subsidized guardianship arrangement is in the best interests of the juvenile. In the case of an Indian juvenile, the best interests of the Indian juvenile shall be determined in accordance with s. 938.01 (3).

SB45-SSA2-SA1,261 Section 261. 938.38 (4) (j) 4. of the statutes is amended to read:

SB45-SSA2-SA1,86,24 938.38 (4) (j) 4. The ways in which the juvenile and the relative or other person described in s. 48.623 (1) (1r) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) (1r) for the receipt of subsidized guardianship payments.

SB45-SSA2-SA1,262 Section 262. 938.38 (4) (j) 5. of the statutes is amended to read:

SB45-SSA2-SA1,87,6 938.38 (4) (j) 5. The efforts the agency has made to discuss adoption of the juvenile by the relative or other person described in s. 48.623 (1) (1r) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

SB45-SSA2-SA1,263 Section 263. DCF 55.02 (5g) (b) 2. of the administrative code is repealed.

SB45-SSA2-SA1,264 Section 264. DCF 56.23 (1) (c) of the administrative code is repealed.

SB45-SSA2-SA1,265 Section 265. DCF 58.08 (9) (c) and (d) of the administrative code are created to read:

SB45-SSA2-SA1,87,15 DCF 58.08 (9) (c) Exceptional payments. A kinship care agency may issue to a relative caregiver who is receiving kinship care payments or long-term kinship care payments an exceptional payment to enable siblings or a minor parent and minor children to reside together, subject to a maximum payment amount determined by the department.

SB45-SSA2-SA1,87,20 (d) Initial clothing allowance. A kinship care agency may pay an initial clothing allowance to a relative caregiver when the relative caregiver is initially approved by the kinship care agency. The amount of the initial clothing allowance shall be the actual cost of the clothing not to exceed a maximum determined by the department.

SB45-SSA2-SA1,87,21 “Section 266. 103.08 of the statutes is created to read:

SB45-SSA2-SA1,87,22 103.08 Paid family and medical leave. (1) Definitions. In this section:

SB45-SSA2-SA1,88,2 (a) “Application year” means the 12-month period beginning on the first day of the first calendar week for which leave benefits are claimed by an employee under this section.

SB45-SSA2-SA1,88,10 (b) “Average weekly earnings” means one-thirteenth of the wages paid to an employee during the last completed calendar quarter prior to the employee’s date of eligibility for leave benefits under this section and includes all sick, holiday, vacation, and termination pay that is paid directly by an employer to an employee at the employee’s usual rate of pay during his or her last completed calendar quarter as a result of employment for an employer and any total or partial disability payments under ch. 102 or a federal law that provides for payments on account of a work-related injury or illness.

SB45-SSA2-SA1,88,14 (d) “Employee” has the meaning given in s. 103.10 (b), except that it does not include employees whose compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or employees of the Board of Regents of the University of Wisconsin System.

SB45-SSA2-SA1,88,18 (e) “Employer” has the meaning given in s. 103.10 (1) (c), except that it does not include any entity whose employees’ compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of Wisconsin System.

SB45-SSA2-SA1,88,20 (f) “Family leave” means leave from employment taken for any of the reasons under s. 103.10 (3) (b) 1. to 7.

SB45-SSA2-SA1,88,22 (g) “Insurer” means a company that issues an insurance policy to an employer to provide leave benefits under this section.

SB45-SSA2-SA1,88,23 (h) “Leave benefits” means benefits provided under sub. (2).

SB45-SSA2-SA1,89,2 (i) “Medical leave” means leave from employment taken for any of the reasons under s. 103.10 (4).

SB45-SSA2-SA1,89,7 (2) Paid benefit requirement. Each employer shall provide paid leave benefits to their employees for up to 8 weeks of family and medical leave in the amount specified in sub. (3). Employees shall be paid leave benefits for consecutive family and medical leave or intermittent family leave and medical leave at the employee’s sole discretion.

SB45-SSA2-SA1,89,9 (3) Benefit amount. The amount of leave benefits for a week for which those benefits are payable is as follows:

SB45-SSA2-SA1,89,13 (a) For the amount of the employee's average weekly earnings that are not more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 90 percent of that individual's average weekly earnings.

SB45-SSA2-SA1,89,16 (b) For the amount of the employee’s average weekly earnings that are more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 50 percent of that employee’s average weekly earnings.

SB45-SSA2-SA1,89,18 (4) Insurance. (a) An employer may contract with an insurance company to provide coverage for the leave benefits required under sub. (2).

SB45-SSA2-SA1,89,21 (b) Employers may not deduct any fees from employee compensation for the cost of insurance coverage or otherwise charge employees for the cost of insurance coverage under this subsection.

SB45-SSA2-SA1,89,23 (c) Insurance policies for leave benefits shall allow for employees to seek arbitration following a denial of leave benefits by the insurer.

SB45-SSA2-SA1,90,2 (5) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, an employer shall do all of the following:

SB45-SSA2-SA1,90,8 (a) At the time an individual files a claim for leave benefits, advise the individual that those benefits may be subject to federal income taxation, that requirements exist under federal law pertaining to estimated tax payments, and that the individual may elect to have federal income taxes withheld from the individual’s benefit payments and may change that election not more than one time in an application year.

SB45-SSA2-SA1,90,14 (b) Allow the individual to elect to have federal income tax deducted and withheld from the individual’s benefit payments, allow the individual to change that election not more than one time in an application year, and deduct and withhold that tax in accordance with the individual’s election as provided under 26 USC 3402. If the employer has contracted with an insurer, the employer shall direct the insurer to follow the provisions of this paragraph.

SB45-SSA2-SA1,91,2 (6) Denial of benefits; appeals. An employer or an insurer that provides benefits under a policy under sub. (4) shall provide an employee with the reason for a denial for a claim for leave benefits whether in whole or in part, with information for the employee to file an appeal with the department. An employee whose claim for leave benefits under this section has been denied in whole or in part by their employer or their employer’s insurer may file a complaint with the department after receiving a final denial from their employer or their employer’s insurer. The department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that the employer or insurer should have paid leave benefits, the department may order the employer or insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay reasonable actual attorney fees to the employee.