AB50: Bill Text

AB50,869,6 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB50,1637 Section 1637. 103.10 (1) (h) of the statutes is amended to read:

AB50,869,9 103.10 (1) (h) “Spouse” means an employee’s legal husband or wife the person to whom an employee is legally married.

AB50,1638 Section 1638. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

AB50,1639 Section 1639. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

AB50,1640 Section 1640. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

AB50,1641 Section 1641. 103.10 (2) (c) of the statutes is amended to read:

AB50,869,18 103.10 (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.

AB50,1642 Section 1642. 103.10 (3) (a) of the statutes is repealed.

AB50,1643 Section 1643. 103.10 (3) (b) 3. of the statutes is amended to read:

AB50,869,23 103.10 (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.

AB50,1644 Section 1644. 103.10 (3) (b) 4. of the statutes is created to read:

AB50,870,5 103.10 (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.

AB50,1645 Section 1645. 103.10 (3) (b) 5. of the statutes is created to read:

AB50,870,10 103.10 (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.”

AB50,1646 Section 1646. 103.10 (3) (b) 6. of the statutes is created to read:

AB50,870,14 103.10 (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.

AB50,1647 Section 1647. 103.10 (3) (b) 7. of the statutes is created to read:

AB50,870,18 103.10 (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.

AB50,1648 Section 1648. 103.10 (4) (a) of the statutes is amended to read:

AB50,870,23 103.10 (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.

AB50,1649 Section 1649. 103.10 (4) (b) of the statutes is repealed.

AB50,1650 Section 1650. 103.10 (4m) of the statutes is created to read:

AB50,871,5 103.10 (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).

AB50,1651 Section 1651. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB50,871,11 103.10 (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:

AB50,1652 Section 1652. 103.10 (6) (b) 1. of the statutes is amended to read:

AB50,871,16 103.10 (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.

AB50,1653 Section 1653. 103.10 (6) (c) of the statutes is created to read:

AB50,871,23 103.10 (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.

AB50,1654 Section 1654. 103.10 (7) (a) of the statutes is amended to read:

AB50,872,7 103.10 (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.

AB50,1655 Section 1655. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB50,872,10 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB50,1656 Section 1656. 103.10 (7) (b) 1. of the statutes is amended to read:

AB50,872,13 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

AB50,1657 Section 1657. 103.10 (7) (cm) of the statutes is created to read:

AB50,872,18 103.10 (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.

AB50,1658 Section 1658. 103.10 (7) (d) of the statutes is created to read:

AB50,873,3 103.10 (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.

AB50,1659 Section 1659. 103.10 (7) (e) of the statutes is created to read:

AB50,873,10 103.10 (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.

AB50,1660 Section 1660. 103.10 (7) (f) of the statutes is created to read:

AB50,873,22 103.10 (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.

AB50,874,3 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.

AB50,1661 Section 1661. 103.10 (7) (g) of the statutes is created to read:

AB50,874,9 103.10 (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.

AB50,1662 Section 1662. 103.10 (10) of the statutes is amended to read:

AB50,874,16 103.10 (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.

AB50,1663 Section 1663. 103.10 (12) (b) of the statutes is amended to read:

AB50,875,4 103.10 (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.

AB50,1664 Section 1664. 103.10 (12) (c) of the statutes is amended to read:

AB50,875,12 103.10 (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.

AB50,1665 Section 1665. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

AB50,1666 Section 1666. 103.10 (14) (b) of the statutes is repealed.

AB50,1667 Section 1667. 103.12 of the statutes is repealed.

AB50,1668 Section 1668. 103.165 (3) (a) 3. of the statutes is amended to read:

AB50,875,18 103.165 (3) (a) 3. The decedent’s father or mother parent or parents if the decedent leaves no surviving spouse, domestic partner under ch. 770, or children.

AB50,1669 Section 1669. 103.36 of the statutes is repealed.

AB50,1670 Section 1670. 103.44 of the statutes is created to read:

AB50,875,23 103.44 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.

AB50,1671 Section 1671. 103.49 of the statutes is created to read:

AB50,876,2 103.49 Wage rate on state work. (1) Definitions. In this section:

AB50,876,11 (a) “Area” means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area” means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area” means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area” means the entire state or, if the department is requested to review a determination under sub. (3) (c), “area” means the city, village, or town in which a proposed project of public works that is subject to this section is located.

AB50,876,17 (am) “Bona fide economic benefit” means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a bona fide plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer’s expected annual contribution.

AB50,876,21 (b) “Hourly basic rate of pay” means the hourly wage paid to any employee, excluding any contributions or payments for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefits, whether paid directly or indirectly.

AB50,877,2 (bg) “Insufficient wage data” means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project of public works that is subject to this section.

AB50,877,8 (bj) “Minor service or maintenance work” means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

AB50,877,11 (br) “Multiple-trade project of public works” means a project of public works in which no single trade accounts for 85 percent or more of the total labor cost of the project.

AB50,877,14 (c) “Prevailing hours of labor” for any trade or occupation in any area means 10 hours per day and 40 hours per week and may not include any hours worked on a Saturday or Sunday or on any of the following holidays:

AB50,877,15 1. January 1.

AB50,877,16 2. The last Monday in May.

AB50,877,17 3. July 4.

AB50,877,18 4. The first Monday in September.

AB50,877,19 5. The 4th Thursday in November.

AB50,877,20 6. December 25.

AB50,877,21 7. The day before if January 1, July 4, or December 25 falls on a Saturday.

AB50,877,22 8. The day following if January 1, July 4, or December 25 falls on a Sunday.

AB50,878,6 (d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area.

AB50,878,16 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, “prevailing wage rate” for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation on projects in that area.

AB50,878,19 (em) “Single-trade project of public works” means a project of public works in which a single trade accounts for 85 percent or more of the total labor cost of the project.

AB50,879,2 (f) “State agency” means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “State agency” also includes the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

AB50,879,7 (fm) “Supply and installation contract” means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts, and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.

AB50,879,8 (g) “Truck driver” includes an owner-operator of a truck.

AB50,879,11 (1m) Applicability. Subject to sub. (3g), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for the state or a state agency, including all of the following:

AB50,879,14 (a) A project erected, constructed, repaired, remodeled, or demolished by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.

AB50,879,18 (b) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB50,879,21 (c) A sanitary sewer or water main project in which the completed sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or maintenance by the state.

AB50,880,21 (2) Prevailing wage rates and hours of labor. Any contract made for the erection, construction, remodeling, repairing, or demolition of any project of public works to which the state or any state agency is a party shall contain a stipulation that no individual performing the work described in sub. (2m) may be allowed to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such individual may be allowed or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area in which the project of public works is situated. The notice published for the purpose of securing bids for the project must contain a reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor. Except as otherwise provided in this subsection, if any contract or subcontract for a project of public works that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract. For a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.