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AB50,858,1613a. If the service employee is scheduled to work 4 hours or less, an amount
14equal to the service employees regular rate of pay for all time the service employee
15is scheduled to work but does not work in addition to any other compensation
16earned by the service employee for time the service employee actually works.
AB50,858,2117b. If the service employee is scheduled to work more than 4 hours and works
18less than 4 hours, an amount equal to the service employees regular rate of pay for
19the difference between 4 hours and the amount of time the service employee
20actually works in addition to any other compensation earned by the service
21employee for time the service employee actually works.
AB50,859,5222. Except as provided in subd. 4., if an employer requires a service employee to
23contact the employer, or wait to be contacted by the employer, less than 24 hours

1before a work shift begins to determine whether the employer will require the
2service employee to report to work for that work shift, the employer shall provide
3the service employee compensation in an amount equal to the service employees
4regular rate of pay for one hour of work in addition to any other compensation
5earned by the service employee for time the service employee actually works.
AB50,859,1063. Except as provided in subd. 4, if an employer requires a service employee to
7work a split shift, the employer shall provide the service employee compensation in
8an amount equal to the service employees regular rate of pay for one hour of work
9in addition to any other compensation earned by the service employee for time the
10service employee actually works.
AB50,859,14114. If a service employee is entitled to more than one type of compensation
12under subds. 1. to 3. with respect to a particular work shift, the employer shall pay
13the service employee the compensation required under subd. 1., 2., or 3., whichever
14is greatest.
AB50,859,2015(e) Manner of payment of additional compensation. An employer that is
16required to provide compensation to a service employee under par. (b) 1. or (d) shall
17pay that compensation on the service employees regular paycheck or other wage
18payment. The employer shall identify on the paycheck, pay envelope, or paper
19accompanying the wage payment the amount of and reason for all additional
20compensation paid.
AB50,859,2321(f) Exception. An employer is not required to comply with this subsection
22during a period in which the employers regular operations are suspended due to an
23event outside of the employers control.
AB50,860,7
1(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny
2the exercise of the right of an employee to request and receive a change in the terms
3and conditions of employment as provided under sub. (2). No employer may
4interfere with, restrain, or deny the exercise of the right of a service employee to
5receive advance notice of work schedules as provided under sub. (3) (a), receive
6compensation as provided under sub. (3) (b) 1. and (d), or request approval to work
7in place of another employee as provided under sub. (3) (c).
AB50,860,148(b) No employer may discharge or discriminate against an employee in
9promotion, in compensation, or in the terms, conditions, or privileges of
10employment for exercising a right of an employee described under par. (a), opposing
11a practice prohibited under this section, filing or indicating an intent to file a
12complaint or otherwise attempting to enforce a right under this section, or
13testifying, assisting, or participating in any manner in any investigation, action, or
14proceeding to enforce a right under this section.
AB50,860,1615(c) Section 111.322 (2m) applies to discharge or other discriminatory acts
16arising in connection with any proceeding under this section.
AB50,861,217(5) Enforcement. (a) Administrative proceeding. An employee whose rights
18are interfered with, restrained, or denied in violation of sub. (4) (a) or who is
19discharged or discriminated against in violation of sub. (4) (b) may file a complaint
20with the department, and the department shall process the complaint in the same
21manner that employment discrimination complaints are processed under s. 111.39.
22If the department finds that a violation has occurred, the department may order

1the employer to take action to remedy the violation, including any action authorized
2under s. 111.39.
AB50,861,73(b) Civil action. 1. The department or an employee whose rights are
4interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged
5or discriminated against in violation of sub. (4) (b) may bring an action in circuit
6court against an employer on the basis of the violation without regard to exhaustion
7of any administrative remedy.
AB50,861,1082. In an action under subd. 1., if the circuit court finds that a violation of sub.
9(4) (a) or (b) has occurred with respect to an employee, the circuit court shall order
10the defendant to pay to the employee all of the following:
AB50,861,1211a. Compensatory damages in an amount that the circuit court or jury finds
12appropriate.
AB50,861,1713b. Unless the employer proves that the employer acted in good faith and had a
14reasonable basis for believing that the act or omission that constituted the violation
15was not a violation of this section, an additional amount as liquidated damages
16equal to 100 percent of the amount of compensatory damages determined under
17subd. 2. a.
AB50,861,1918c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred
19in the action.
AB50,861,21203. Damages awarded under subd. 2. are in addition to any back pay or other
21amounts awarded under s. 111.39 or 111.395.
AB50,862,222(6) Penalties. In addition to any damages imposed under sub. (5), an
23employer that willfully violates this section may be required to forfeit not more than

1$1,000 for each violation. Each day of continued violation constitutes a separate
2offense.
AB50,862,63(7) Notice posted. An employer shall post, in one or more conspicuous places
4where notices to employees are customarily posted, a notice in a form approved by
5the department setting forth employees rights under this section. An employer
6that violates this subsection shall forfeit not more than $100 for each violation.
AB50,16227Section 1622. 103.06 (1) (b) (intro.) of the statutes is amended to read:
AB50,862,108103.06 (1) (b) (intro.) Employee means, for purposes of compliance with the
9requirements specified in sub. (3) (a), any of the following who is employed by an
10employer:
AB50,162311Section 1623. 103.06 (1) (c) (intro.) of the statutes is amended to read:
AB50,862,1412103.06 (1) (c) (intro.) Employer means, for purposes of compliance with the
13requirements specified in sub. (3) (a), any of the following that is engaged in the
14work described in s. 108.18 (2) (c):
AB50,162415Section 1624. 103.06 (2) of the statutes is renumbered 103.06 (10), and
16103.06 (10) (intro.) and (a), as renumbered, are amended to read:
AB50,862,2117103.06 (10) Worker classification compliance; duties of department.
18(intro.) For purposes of promoting and achieving compliance by employers with the
19laws specified in sub. (3) (a) through the proper classification of persons performing
20services for an employer as employees and nonemployees, the The department shall
21do all of the following:
AB50,863,522(a) Educate employers, employees, nonemployees, and the public about the
23proper classification of persons performing services for an employer as employees

1and nonemployees. The department shall establish and maintain on the
2departments website information regarding worker classification laws,
3requirements for employers and employees, penalties for noncompliance, and
4contact information at each state agency that administers worker classification
5laws.
AB50,16256Section 1625. 103.06 (10) (f) of the statutes is created to read:
AB50,863,107103.06 (10) (f) Design and make available to employers a notice regarding
8worker classification laws, requirements for employers and employees, and
9penalties for noncompliance. The department shall promulgate rules to implement
10this paragraph.
AB50,162611Section 1626. 103.06 (11) of the statutes is created to read:
AB50,863,1512103.06 (11) Notice. All employers shall post, in one or more conspicuous
13places where notices to employees are customarily posted, the notice designed by
14the department under sub. (10) (f). Any employer who violates this subsection shall
15forfeit not more than $100 for each offense.
AB50,162716Section 1627. 103.08 of the statutes is created to read:
AB50,863,1717103.08 Paid family and medical leave. (1) Definitions. In this section:
AB50,863,2018(a) Application year means the 12-month period beginning on the first day
19of the first calendar week for which leave benefits are claimed by an employee under
20this section.
AB50,864,521(b) Average weekly earnings means one-thirteenth of the wages paid to an
22employee during the last completed calendar quarter prior to the employees date of
23eligibility for leave benefits under this section and includes all sick, holiday,

1vacation, and termination pay that is paid directly by an employer to an employee at
2the employees usual rate of pay during his or her last completed calendar quarter
3as a result of employment for an employer and any total or partial disability
4payments under ch. 102 or a federal law that provides for payments on account of a
5work-related injury or illness.
AB50,864,96(d) Employee has the meaning given in s. 103.10 (b), except that it does not
7include employees whose compensation is established under s. 20.923 (2) or (3) or
8230.12 (9m) or employees of the Board of Regents of the University of Wisconsin
9System.
AB50,864,1310(e) Employer has the meaning given in s. 103.10 (1) (c), except that it does
11not include any entity whose employees compensation is established under s.
1220.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of
13Wisconsin System.
AB50,864,1514(f) Family leave means leave from employment taken for any of the reasons
15under s. 103.10 (3) (b) 1. to 7.
AB50,864,1716(g) Insurer means a company that issues an insurance policy to an employer
17to provide leave benefits under this section.
AB50,864,1818(h) Leave benefits means benefits provided under sub. (2).
AB50,864,2019(i) Medical leave means leave from employment taken for any of the reasons
20under s. 103.10 (4).
AB50,865,221(2) Paid benefit requirement. Each employer shall provide paid leave
22benefits to their employees for up to 8 weeks of family and medical leave in the
23amount specified in sub. (3). Employees shall be paid leave benefits for consecutive

1family and medical leave or intermittent family leave and medical leave at the
2employees sole discretion.
AB50,865,43(3) Benefit amount. The amount of leave benefits for a week for which those
4benefits are payable is as follows:
AB50,865,85(a) For the amount of the employee's average weekly earnings that are not
6more than 50 percent of the state annual median wage in the calendar year before
7the employees application year, 90 percent of that individual's average weekly
8earnings.
AB50,865,119(b) For the amount of the employees average weekly earnings that are more
10than 50 percent of the state annual median wage in the calendar year before the
11employees application year, 50 percent of that employees average weekly earnings.
AB50,865,1312(4) Insurance. (a) An employer may contract with an insurance company to
13provide coverage for the leave benefits required under sub. (2).
AB50,865,1614(b) Employers may not deduct any fees from employee compensation for the
15cost of insurance coverage or otherwise charge employees for the cost of insurance
16coverage under this subsection.
AB50,865,1817(c) Insurance policies for leave benefits shall allow for employees to seek
18arbitration following a denial of leave benefits by the insurer.
AB50,865,2119(5) Federal tax treatment of benefits. With respect to the federal income
20taxation of family or medical leave insurance benefits, an employer shall do all of
21the following:
AB50,866,322(a) At the time an individual files a claim for leave benefits, advise the
23individual that those benefits may be subject to federal income taxation, that
24requirements exist under federal law pertaining to estimated tax payments, and

1that the individual may elect to have federal income taxes withheld from the
2individuals benefit payments and may change that election not more than one time
3in an application year.
AB50,866,94(b) Allow the individual to elect to have federal income tax deducted and
5withheld from the individuals benefit payments, allow the individual to change
6that election not more than one time in an application year, and deduct and
7withhold that tax in accordance with the individuals election as provided under 26
8USC 3402. If the employer has contracted with an insurer, the employer shall
9direct the insurer to follow the provisions of this paragraph.
AB50,866,2110(6) Denial of benefits; appeals. An employer or an insurer that provides
11benefits under a policy under sub. (4) shall provide an employee with the reason for
12a denial for a claim for leave benefits whether in whole or in part, with information
13for the employee to file an appeal with the department. An employee whose claim
14for leave benefits under this section has been denied in whole or in part by their
15employer or their employers insurer may file a complaint with the department
16after receiving a final denial from their employer or their employers insurer. The
17department shall process the complaint in the same manner as complaints filed
18under s. 103.10 (12) (b) are processed. If the department finds that the employer or
19insurer should have paid leave benefits, the department may order the employer or
20insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay
21reasonable actual attorney fees to the employee.
AB50,866,2322(7) Prohibited acts. (a) No person may interfere with, restrain, or deny the
23exercise of any right provided under this section.
AB50,867,424(b) No person may discharge or otherwise discriminate against any person for

1exercising any right provided under this section, opposing a practice prohibited
2under this section, filing a complaint or attempting to enforce any right provided
3under this section, or testifying or assisting in any action or proceeding to enforce
4any right provided under this section.
AB50,867,85(c) No collective bargaining agreement or employer policy may diminish or
6abridge an employees rights under this section. Any agreement purporting to
7waive or modify an employees rights under this section is void as against public
8policy and unenforceable.
AB50,867,139(8) Notice posted. Each employer shall post, on its website and in one or
10more conspicuous places where notices to employees are customarily posted, a
11notice in a form approved by the department setting forth employees rights under
12this section. Any employer that violates this subsection shall forfeit not more than
13$100 for each violation.
AB50,867,1414(9) Rules. The department shall promulgate rules to implement this section.
AB50,162815Section 1628. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1)
16(a) and amended to read:
AB50,867,1817103.10 (1) (a) Child means a natural, adopted, or foster child, a stepchild, or
18a legal ward to whom any of the following applies:.
AB50,162919Section 1629. 103.10 (1) (a) 1. of the statutes is repealed.
AB50,163020Section 1630. 103.10 (1) (a) 2. of the statutes is repealed.
AB50,163121Section 1631. 103.10 (1) (ap) of the statutes is created to read:
AB50,867,2222103.10 (1) (ap) Covered active duty means any of the following:
AB50,868,2
11. For a member of a regular component of the U.S. armed forces, duty during
2the deployment of the member with the U.S. armed forces to a foreign country.
AB50,868,632. For a member of a reserve component of the U.S. armed forces, duty during
4the deployment of the member with the U.S. armed forces to a foreign country
5under a call or order to active duty under a provision of law specified in 10 USC 101
6(a) (13) (B).
AB50,16327Section 1632. 103.10 (1) (b) of the statutes is amended to read:
AB50,868,118103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, employee
9means an individual employed in this state by an employer, except the employers
10parent, child, spouse, domestic partner, or child parent, grandparent, grandchild,
11or sibling.
AB50,163312Section 1633. 103.10 (1) (dm) of the statutes is created to read:
AB50,868,1313103.10 (1) (dm) Grandchild means the child of a child.
AB50,163414Section 1634. 103.10 (1) (dp) of the statutes is created to read:
AB50,868,1515103.10 (1) (dp) Grandparent means the parent of a parent.
AB50,163516Section 1635. 103.10 (1) (em) of the statutes is created to read:
AB50,868,1717103.10 (1) (em) Medical isolation means any of the following:
AB50,868,21181. When a health care professional, a local health officer, or the department of
19health services advises that an individual seclude herself or himself from others
20when the individual is awaiting the result of a diagnostic test for a communicable
21disease or when the individual is infected with a communicable disease.
AB50,868,23222. When a local health officer or the department of health services advises
23that an individual isolate or quarantine under s. 252.06.
AB50,869,3
13. When an individuals employer advises that the individual not come to the
2workplace due to a concern that the individual may have been exposed to or infected
3with a communicable disease.
AB50,16364Section 1636. 103.10 (1) (gm) of the statutes is created to read:
AB50,869,65103.10 (1) (gm) Sibling means a brother, sister, half brother, half sister,
6stepbrother, or stepsister, whether by blood, marriage, or adoption.
AB50,16377Section 1637. 103.10 (1) (h) of the statutes is amended to read:
AB50,869,98103.10 (1) (h) Spouse means an employees legal husband or wife the person
9to whom an employee is legally married.
AB50,163810Section 1638. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1)
11(an).
AB50,163912Section 1639. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1)
13(gd).
AB50,164014Section 1640. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).
AB50,164115Section 1641. 103.10 (2) (c) of the statutes is amended to read:
AB50,869,1816103.10 (2) (c) This section only applies to an employee who has been employed
17by the same employer for more than 52 consecutive weeks and who worked for the
18employer for at least 1,000 680 hours during the preceding 52-week period.
AB50,164219Section 1642. 103.10 (3) (a) of the statutes is repealed.
AB50,164320Section 1643. 103.10 (3) (b) 3. of the statutes is amended to read:
AB50,869,2321103.10 (3) (b) 3. To care for the employees child, spouse, domestic partner, or
22parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
23or parent, grandparent, grandchild, or sibling has a serious health condition.
AB50,1644
1Section 1644. 103.10 (3) (b) 4. of the statutes is created to read:
AB50,870,52103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the
3department by rule, arising out of the fact that the spouse, child, domestic partner,
4parent, grandparent, grandchild, or sibling of the employee is on covered active
5duty or has been notified of an impending call or order to covered active duty.
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