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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 employees 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 employees 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 employees 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1Section 1649. 103.10 (4) (b) of the statutes is repealed.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 employers 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 employees 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 employers 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 employees 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 employees 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 decedents 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 employers 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.
AB50,877,17173. July 4.
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.
AB50,881,422(2m) Covered employees. (a) Subject to par. (b), any person subject to this
23section shall pay all of the following employees the prevailing wage rate determined

1under sub. (3) and may not allow such employees to work a greater number of hours
2per day or per week than the prevailing hours of labor, unless the person pays for all
3hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
4the employees hourly basic rate of pay:
AB50,881,651. All laborers, workers, mechanics, and truck drivers employed on the site of
6a project of public works that is subject to this section.
AB50,881,1272. All laborers, workers, mechanics, and truck drivers employed in the
8manufacturing or furnishing of materials, articles, supplies, or equipment on the
9site of a project of public works that is subject to this section or from a facility
10dedicated exclusively, or nearly so, to a project of public works that is subject to this
11section by a contractor, subcontractor, agent, or other person performing any work
12on the site of the project.
AB50,881,2013(b) A laborer, worker, mechanic, or truck driver who is employed to process,
14manufacture, pick up, or deliver materials or products from a commercial
15establishment that has a fixed place of business from which the establishment
16supplies processed or manufactured materials or products or from a facility that is
17not dedicated exclusively, or nearly so, to a project of public works that is subject to
18this section is not entitled to receive the prevailing wage rate determined under
19sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
20worked in excess of the prevailing hours of labor unless any of the following applies:
AB50,882,2211. The laborer, worker, mechanic, or truck driver is employed to go to the
22source of mineral aggregate such as sand, gravel, or stone and deliver that mineral
23aggregate to the site of a project of public works that is subject to this section by

1depositing the material directly in final place, from the transporting vehicle or
2through spreaders from the transporting vehicle.
AB50,882,632. The laborer, worker, mechanic, or truck driver is employed to go to the site
4of a project that is subject to this section, pick up excavated material or spoil from
5the site of the project of public works, and transport that excavated material or spoil
6away from the site of the project.
AB50,882,97(c) A person that is subject to this section shall pay a truck driver who is an
8owner-operator of a truck separately for his or her work and for the use of his or her
9truck.
AB50,883,210(3) Investigation; determination. (a) Before a state agency issues a
11request for bids for any work to which this section applies, the state agency having
12the authority to prescribe the specifications shall apply to the department to
13determine the prevailing wage rate for each trade or occupation required in the
14work under contemplation in the area in which the work is to be done. The
15department shall conduct investigations and hold public hearings as necessary to
16define the trades or occupations that are commonly employed on projects that are
17subject to this section and to inform itself of the prevailing wage rates in all areas of
18the state for those trades or occupations, in order to determine the prevailing wage
19rate for each trade or occupation. The department shall issue its determination
20within 30 days after receiving the request and shall file the determination with the
21requesting state agency. A state agency that has contracted for a project of public
22works subject to this section shall post the prevailing wage rates determined by the
23department, the prevailing hours of labor, and the provisions of subs. (2) and (6m)

1in at least one conspicuous place on the site of the project that is easily accessible by
2employees working on the project.
AB50,883,93(am) The department shall, by January 1 of each year, compile the prevailing
4wage rates for each trade or occupation in each area. The compilation shall, in
5addition to the current prevailing wage rates, include future prevailing wage rates
6when those prevailing wage rates can be determined for any trade or occupation in
7any area and shall specify the effective date of those future prevailing wage rates.
8If a project of public works extends into more than one area, the department shall
9determine only one standard of prevailing wage rates for the entire project.
AB50,883,1810(ar) In determining prevailing wage rates under par. (a) or (am), the
11department may not use data from projects that are subject to this section, s.
1266.0903, 103.50, or 229.8275, or 40 USC 3142 unless the department determines
13that there is insufficient wage data in the area to determine those prevailing wage
14rates, in which case the department may use data from projects that are subject to
15this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining
16prevailing wage rates under par. (a) or (am), the department may not use data from
17any construction work performed by a state agency or a local governmental unit, as
18defined in s. 66.0903 (1) (d).
AB50,884,419(b) Any person may request a recalculation of any portion of an initial
20determination within 30 days after the initial determination date if the person
21submits evidence with the request showing that the prevailing wage rate for any
22given trade or occupation included in the initial determination does not represent
23the prevailing wage rate for that trade or occupation in the area. The evidence shall

1include wage rate information reflecting work performed by individuals working in
2the contested trade or occupation in the area during the current survey period. The
3department shall affirm or modify the initial determination within 15 days after
4the date on which the department receives the request for recalculation.
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