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 employee’s 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 AB50,164219Section 1642. 103.10 (3) (a) of the statutes is repealed.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 employee’s 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. AB50,16456Section 1645. 103.10 (3) (b) 5. of the statutes is created to read: AB50,870,107103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap 8in childcare for the employee’s child, grandchild, or sibling that the employee must 9fill. The department may define by rule “unforeseen or unexpected short-term gap 10in childcare.” AB50,164611Section 1646. 103.10 (3) (b) 6. of the statutes is created to read: AB50,870,1412103.10 (3) (b) 6. To care for the employee’s child, spouse, domestic partner, 13parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, 14parent, grandparent, grandchild, or sibling is in medical isolation. AB50,164715Section 1647. 103.10 (3) (b) 7. of the statutes is created to read: AB50,870,1816103.10 (3) (b) 7. To address issues of the employee or the employee’s child, 17spouse, domestic partner, parent, grandparent, grandchild, or sibling related to 18being the victim of domestic abuse, sexual abuse, or stalking. AB50,164819Section 1648. 103.10 (4) (a) of the statutes is amended to read: AB50,870,2320103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), an employee who 21is in medical isolation or has a serious health condition which makes the employee 22unable to perform his or her employment duties may take medical leave for the 23period during which he or she is unable to perform those duties. AB50,1649
1Section 1649. 103.10 (4) (b) of the statutes is repealed. AB50,16502Section 1650. 103.10 (4m) of the statutes is created to read: AB50,871,53103.10 (4m) Duration of leave. In a 12-month period, no employee may 4take more than 8 weeks of leave for any combination of reasons specified under sub. 5(3) or (4). AB50,16516Section 1651. 103.10 (6) (b) (intro.) of the statutes is amended to read: AB50,871,117103.10 (6) (b) (intro.) If an employee intends to take family leave because of 8the planned medical treatment or supervision of a child, spouse, domestic partner, 9or parent, grandparent, grandchild, or sibling or intends to take medical leave 10because of the planned medical treatment or supervision of the employee, the 11employee shall do all of the following: AB50,165212Section 1652. 103.10 (6) (b) 1. of the statutes is amended to read: AB50,871,1613103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment 14or supervision so that it does not unduly disrupt the employer’s operations, subject 15to the approval of the health care provider of the child, spouse, domestic partner, 16parent, grandparent, grandchild, sibling, or employee. AB50,165317Section 1653. 103.10 (6) (c) of the statutes is created to read: AB50,871,2318103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4. 19that is foreseeable because the spouse, child, domestic partner, parent, 20grandparent, grandchild, or sibling of the employee is on covered active duty or has 21been notified of an impending call or order to covered active duty, the employee shall 22provide notice of that intention to the employer in a reasonable and practicable 23manner. AB50,1654
1Section 1654. 103.10 (7) (a) of the statutes is amended to read: AB50,872,72103.10 (7) (a) If an employee requests family leave for a reason described in 3sub. (3) (b) 3. or requests medical leave due to a serious health condition, the 4employer may require the employee to provide certification, as described in par. (b), 5issued by the health care provider or Christian Science practitioner of the child, 6spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, 7whichever is appropriate. AB50,16558Section 1655. 103.10 (7) (b) (intro.) of the statutes is amended to read: AB50,872,109103.10 (7) (b) (intro.) No employer may require certification under par. (a) 10stating more than the following: AB50,165611Section 1656. 103.10 (7) (b) 1. of the statutes is amended to read: AB50,872,1312103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, 13grandparent, grandchild, sibling, or employee has a serious health condition. AB50,165714Section 1657. 103.10 (7) (cm) of the statutes is created to read: AB50,872,1815103.10 (7) (cm) If an employee requests family leave for a reason described in 16sub. (3) (b) 3., the employer may require the employee to provide certification that 17the employee is responsible for the care of a child, spouse, domestic partner, parent, 18grandparent, grandchild, or sibling with a serious health condition. AB50,165819Section 1658. 103.10 (7) (d) of the statutes is created to read: AB50,873,320103.10 (7) (d) If an employee requests family leave under sub. (3) (b) 4., the 21employer may require the employee to provide certification that the spouse, child, 22domestic partner, parent, grandparent, grandchild, or sibling of the employee is on 23covered active duty or has been notified of an impending call or order to covered
1active duty. The certification under this paragraph shall be issued at such time and 2in such manner as the department may prescribe by rule, and the employee shall 3provide a copy of that certification to the employer in a timely manner. AB50,16594Section 1659. 103.10 (7) (e) of the statutes is created to read: AB50,873,105103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the 6employer may require the employee to provide certification that there is an 7unforeseen or unexpected short-term gap in childcare, as defined in rule by the 8department, for the employee’s child, grandchild, or sibling that the employee must 9fill. The department may prescribe by rule the form and content of the 10certification. AB50,166011Section 1660. 103.10 (7) (f) of the statutes is created to read: AB50,873,2212103.10 (7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or 13medical leave due to medical isolation, the employer may require the employee to 14provide certification issued by a local public health official, the department of 15health services, or a health care provider or Christian Science practitioner of the 16child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or 17employee, whichever is appropriate, except that no employer may require 18certification under this paragraph if the sole reason for the medical isolation is due 19to the employer’s request under sub. (1) (em) 3. No employer may require 20certification under this subdivision stating more than that the child, spouse, 21domestic partner, parent, grandparent, grandchild, sibling, or employee is in 22medical isolation. AB50,874,3232. If an employee requests family leave under sub. (3) (b) 6., the employer may
1require the employee to provide certification that the employee is responsible for the 2care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling, 3or employee who is in medical isolation. AB50,16614Section 1661. 103.10 (7) (g) of the statutes is created to read: AB50,874,95103.10 (7) (g) If an employee requests family leave under sub. (3) (b) 7., the 6employer may require the employee to provide certification that the employee is 7addressing issues of the employee or the employee’s child, spouse, domestic partner, 8parent, grandparent, grandchild, or sibling related to being the victim of domestic 9abuse, sexual abuse, or stalking. AB50,166210Section 1662. 103.10 (10) of the statutes is amended to read: AB50,874,1611103.10 (10) Alternative employment. Nothing in this section prohibits an 12employer and an employee with a serious health condition or in medical isolation 13from mutually agreeing to alternative employment for the employee while the 14serious health condition or medical isolation lasts. No period of alternative 15employment, with the same employer, reduces the employee’s right to family leave 16or medical leave. AB50,166317Section 1663. 103.10 (12) (b) of the statutes is amended to read: AB50,875,418103.10 (12) (b) An employee who believes his or her employer has violated sub. 19(11) (a) or (b) may, within 30 300 days after the violation occurs or the employee 20should reasonably have known that the violation occurred, whichever is later, file a 21complaint with the department alleging the violation. Except as provided in s. 22230.45 (1m), the department shall investigate the complaint and shall attempt to 23resolve the complaint by conference, conciliation or persuasion. If the complaint is
1not resolved and the department finds probable cause to believe a violation has 2occurred, the department shall proceed with notice and a hearing on the complaint 3as provided in ch. 227. The hearing shall be held within 60 days after the 4department receives the complaint. AB50,16645Section 1664. 103.10 (12) (c) of the statutes is amended to read: AB50,875,126103.10 (12) (c) If 2 or more health care providers disagree about any of the 7information required to be certified under sub. (7) (b), the department may appoint 8another health care provider to examine the child, spouse, domestic partner, 9parent, grandparent, grandchild, sibling, or employee and render an opinion as 10soon as possible. The department shall promptly notify the employee and the 11employer of the appointment. The employer and the employee shall each pay 50 12percent of the cost of the examination and opinion. AB50,166513Section 1665. 103.10 (14) (a) of the statutes is renumbered 103.10 (14). AB50,166614Section 1666. 103.10 (14) (b) of the statutes is repealed. AB50,166715Section 1667. 103.12 of the statutes is repealed. AB50,166816Section 1668. 103.165 (3) (a) 3. of the statutes is amended to read: AB50,875,1817103.165 (3) (a) 3. The decedent’s father or mother parent or parents if the 18decedent leaves no surviving spouse, domestic partner under ch. 770, or children. AB50,166919Section 1669. 103.36 of the statutes is repealed. AB50,167020Section 1670. 103.44 of the statutes is created to read: AB50,875,2321103.44 Compensation included in job postings. In each job posting 22seeking applicants that is made by an employer, the employer shall include the 23compensation for the position. AB50,1671
1Section 1671. 103.49 of the statutes is created to read: AB50,876,22103.49 Wage rate on state work. (1) Definitions. In this section: AB50,876,113(a) “Area” means the county in which a proposed project of public works that 4is subject to this section is located or, if the department determines that there is 5insufficient wage data in that county, “area” means those counties that are 6contiguous to that county or, if the department determines that there is insufficient 7wage data in those counties, “area” means those counties that are contiguous to 8those counties or, if the department determines that there is insufficient wage data 9in those counties, “area” means the entire state or, if the department is requested to 10review a determination under sub. (3) (c), “area” means the city, village, or town in 11which a proposed project of public works that is subject to this section is located. AB50,876,1712(am) “Bona fide economic benefit” means an economic benefit for which an 13employer makes irrevocable contributions to a trust or fund created under 29 USC 14186 (c) or to any other bona fide plan, trust, program, or fund no less often than 15quarterly or, if an employer makes annual contributions to such a bona fide plan, 16trust, program, or fund, for which the employer irrevocably escrows moneys at least 17quarterly based on the employer’s expected annual contribution. AB50,876,2118(b) “Hourly basic rate of pay” means the hourly wage paid to any employee, 19excluding any contributions or payments for health insurance benefits, vacation 20benefits, pension benefits, and any other bona fide economic benefits, whether paid 21directly or indirectly. AB50,877,222(bg) “Insufficient wage data” means less than 500 hours of work performed in
1a particular trade or occupation on projects that are similar to a proposed project of 2public works that is subject to this section. AB50,877,83(bj) “Minor service or maintenance work” means a project of public works that 4is limited to minor crack filling, chip or slurry sealing, or other minor pavement 5patching, not including overlays, that has a projected life span of no longer than 5 6years; cleaning of drainage or sewer ditches or structures; or any other limited, 7minor work on public facilities or equipment that is routinely performed to prevent 8breakdown or deterioration. AB50,877,119(br) “Multiple-trade project of public works” means a project of public works 10in which no single trade accounts for 85 percent or more of the total labor cost of the 11project. AB50,877,1412(c) “Prevailing hours of labor” for any trade or occupation in any area means 1310 hours per day and 40 hours per week and may not include any hours worked on 14a Saturday or Sunday or on any of the following holidays: AB50,877,15151. January 1. AB50,877,16162. The last Monday in May. AB50,877,18184. The first Monday in September. AB50,877,19195. The 4th Thursday in November. AB50,877,20206. December 25. AB50,877,21217. The day before if January 1, July 4, or December 25 falls on a Saturday. AB50,877,22228. The day following if January 1, July 4, or December 25 falls on a Sunday. AB50,878,623(d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or
1occupation engaged in the erection, construction, remodeling, repairing, or 2demolition of any project of public works in any area means the hourly basic rate of 3pay, plus the hourly contribution for health insurance benefits, vacation benefits, 4pension benefits, and any other bona fide economic benefit, paid directly or 5indirectly for a majority of the hours worked in the trade or occupation on projects 6in the area. AB50,878,1672. If there is no rate at which a majority of the hours worked in the trade or 8occupation on projects in the area is paid, “prevailing wage rate” for any trade or 9occupation engaged in the erection, construction, remodeling, repairing, or 10demolition of any project of public works in any area means the average hourly basic 11rate of pay, weighted by the number of hours worked, plus the average hourly 12contribution, weighted by the number of hours worked, for health insurance 13benefits, vacation benefits, pension benefits, and any other bona fide economic 14benefit, paid directly or indirectly for all hours worked at the hourly basic rate of 15pay of the highest-paid 51 percent of hours worked in that trade or occupation on 16projects in that area. AB50,878,1917(em) “Single-trade project of public works” means a project of public works in 18which a single trade accounts for 85 percent or more of the total labor cost of the 19project. AB50,879,220(f) “State agency” means any office, department, independent agency, 21institution of higher education, association, society, or other body in state 22government created or authorized to be created by the constitution or any law, 23including the legislature and the courts. “State agency” also includes the
1University of Wisconsin Hospitals and Clinics Authority, the Fox River 2Navigational System Authority, and the Wisconsin Aerospace Authority. AB50,879,73(fm) “Supply and installation contract” means a contract under which the 4material is installed by the supplier, the material is installed by means of simple 5fasteners or connectors such as screws or nuts and bolts, and no other work is 6performed on the site of the project of public works, and the total labor cost to 7install the material does not exceed 20 percent of the total cost of the contract. AB50,879,88(g) “Truck driver” includes an owner-operator of a truck. AB50,879,119(1m) Applicability. Subject to sub. (3g), this section applies to any project of 10public works erected, constructed, repaired, remodeled, or demolished for the state 11or a state agency, including all of the following: AB50,879,1412(a) A project erected, constructed, repaired, remodeled, or demolished by one 13state agency for another state agency under any contract or under any statute 14specifically authorizing cooperation between state agencies. AB50,879,1815(b) A project in which the completed facility is leased, purchased, lease 16purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or 17a state agency contracting for the erection, construction, repair, remodeling, or 18demolition of the facility. AB50,879,2119(c) A sanitary sewer or water main project in which the completed sanitary 20sewer or water main is acquired by, or dedicated to, the state for ownership or 21maintenance by the state. AB50,880,2122(2) Prevailing wage rates and hours of labor. Any contract made for the 23erection, construction, remodeling, repairing, or demolition of any project of public
1works to which the state or any state agency is a party shall contain a stipulation 2that no individual performing the work described in sub. (2m) may be allowed to 3work a greater number of hours per day or per week than the prevailing hours of 4labor, except that any such individual may be allowed or required to work more than 5such prevailing hours of labor per day and per week if he or she is paid for all hours 6worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or 7her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage 8rate determined under sub. (3) in the same or most similar trade or occupation in 9the area in which the project of public works is situated. The notice published for 10the purpose of securing bids for the project must contain a reference to the 11prevailing wage rates determined under sub. (3) and the prevailing hours of labor. 12Except as otherwise provided in this subsection, if any contract or subcontract for a 13project of public works that is subject to this section is entered into, the prevailing 14wage rates determined under sub. (3) and the prevailing hours of labor shall be 15physically incorporated into and made a part of the contract or subcontract. For a 16minor subcontract, as determined by the department, the department shall 17prescribe by rule the method of notifying the minor subcontractor of the prevailing 18wage rates and prevailing hours of labor applicable to the minor subcontract. The 19prevailing wage rates and prevailing hours of labor applicable to a contract or 20subcontract may not be changed during the time that the contract or subcontract is 21in force.
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