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AB386-AA1,41
1Section 41. 103.10 (1) (ap) of the statutes is created to read:
AB386-AA1,12,22 103.10 (1) (ap) “Covered active duty” means any of the following:
AB386-AA1,12,43 1. For a member of a regular component of the U.S. armed forces, duty during
4the deployment of the member with the U.S. armed forces to a foreign country.
AB386-AA1,12,85 2. For a member of a reserve component of the U.S. armed forces, duty during
6the deployment of the member with the U.S. armed forces to a foreign country under
7a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13)
8(B).
AB386-AA1,42 9Section 42. 103.10 (1) (b) of the statutes is amended to read:
AB386-AA1,12,1310 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee"
11means an individual employed in this state by an employer, except the employer's
12parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or
13sibling
.
AB386-AA1,43 14Section 43. 103.10 (1) (dm) of the statutes is created to read:
AB386-AA1,12,1515 103.10 (1) (dm) “Grandchild” means the child of a child.
AB386-AA1,44 16Section 44. 103.10 (1) (dp) of the statutes is created to read:
AB386-AA1,12,1717 103.10 (1) (dp) “Grandparent” means the parent of a parent.
AB386-AA1,45 18Section 45. 103.10 (1) (em) of the statutes is created to read:
AB386-AA1,12,1919 103.10 (1) (em) “Medical isolation” means any of the following:
AB386-AA1,12,2320 1. When a health care professional, a local health officer, or the department of
21health services advises that an individual seclude herself or himself from others
22when the individual is awaiting the result of a diagnostic test for a communicable
23disease or when the individual is infected with a communicable disease.
AB386-AA1,12,2524 2. When a local health officer or the department of health services advises that
25an individual isolate or quarantine under s. 252.06.
AB386-AA1,13,3
13. When an individual's 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.
AB386-AA1,46 4Section 46. 103.10 (1) (gm) of the statutes is created to read:
AB386-AA1,13,65 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister,
6stepbrother, or stepsister, whether by blood, marriage, or adoption.
AB386-AA1,47 7Section 47. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).
AB386-AA1,48 8Section 48. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).
AB386-AA1,49 9Section 49. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).
AB386-AA1,50 10Section 50. 103.10 (2) (c) of the statutes is amended to read:
AB386-AA1,13,1311 103.10 (2) (c) This section only applies to an employee who has been employed
12by the same employer for more than 52 consecutive weeks and who worked for the
13employer for at least 1,000 680 hours during the preceding 52-week period.
AB386-AA1,51 14Section 51. 103.10 (3) (a) of the statutes is repealed.
AB386-AA1,52 15Section 52. 103.10 (3) (b) 3. of the statutes is amended to read:
AB386-AA1,13,1816 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or
17parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or
18parent, grandparent, grandchild, or sibling has a serious health condition.
AB386-AA1,53 19Section 53. 103.10 (3) (b) 4. of the statutes is created to read:
AB386-AA1,13,2320 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the
21department by rule, arising out of the fact that the spouse, child, domestic partner,
22parent, grandparent, grandchild, or sibling of the employee is on covered active duty
23or has been notified of an impending call or order to covered active duty.
AB386-AA1,54 24Section 54. 103.10 (3) (b) 5. of the statutes is created to read:
AB386-AA1,14,4
1103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap
2in child care for the employee's child, grandchild, or sibling that the employee must
3fill. The department may define by rule “unforeseen or unexpected short-term gap
4in child care.”
AB386-AA1,55 5Section 55. 103.10 (3) (b) 6. of the statutes is created to read:
AB386-AA1,14,86 103.10 (3) (b) 6. To care for the employee's child, spouse, domestic partner,
7parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
8parent, grandparent, grandchild, or sibling is in medical isolation.
AB386-AA1,56 9Section 56. 103.10 (3) (b) 7. of the statutes is created to read:
AB386-AA1,14,1210 103.10 (3) (b) 7. To address issues of the employee or the employee's child,
11spouse, domestic partner, parent, grandparent, grandchild, or sibling related to
12being the victim of domestic abuse, sexual abuse, or stalking.
AB386-AA1,57 13Section 57. 103.10 (4) (a) of the statutes is amended to read:
AB386-AA1,14,1714 103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), an employee who
15is in medical isolation or has a serious health condition which makes the employee
16unable to perform his or her employment duties may take medical leave for the
17period during which he or she is unable to perform those duties.
AB386-AA1,58 18Section 58. 103.10 (4) (b) of the statutes is repealed.
AB386-AA1,59 19Section 59. 103.10 (4m) of the statutes is created to read:
AB386-AA1,14,2220 103.10 (4m) Duration of leave. In a 12-month period, no employee may take
21more than 12 weeks of family leave for any combination of reasons specified under
22sub. (3) or (4).
AB386-AA1,60 23Section 60. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB386-AA1,15,324 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the
25planned medical treatment or supervision of a child, spouse, domestic partner, or

1parent, grandparent, grandchild, or sibling or intends to take medical leave because
2of the planned medical treatment or supervision of the employee, the employee shall
3do all of the following:
AB386-AA1,61 4Section 61. 103.10 (6) (b) 1. of the statutes is amended to read:
AB386-AA1,15,85 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
6or supervision so that it does not unduly disrupt the employer's operations, subject
7to the approval of the health care provider of the child, spouse, domestic partner,
8parent, grandparent, grandchild, sibling, or employee.
AB386-AA1,62 9Section 62. 103.10 (6) (c) of the statutes is created to read:
AB386-AA1,15,1410 103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4.
11that is foreseeable because the spouse, child, domestic partner, parent, grandparent,
12grandchild, or sibling of the employee is on covered active duty or has been notified
13of an impending call or order to covered active duty, the employee shall provide notice
14of that intention to the employer in a reasonable and practicable manner.
AB386-AA1,63 15Section 63. 103.10 (7) (a) of the statutes is amended to read:
AB386-AA1,15,2116 103.10 (7) (a) If an employee requests family leave for a reason described in sub.
17(3) (b) 3. or requests medical leave due to a serious health condition, the employer
18may require the employee to provide certification, as described in par. (b), issued by
19the health care provider or Christian Science practitioner of the child, spouse,
20domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever
21is appropriate.
AB386-AA1,64 22Section 64. 103.10 (7) (b) (intro.) of the statutes is amended to read:
AB386-AA1,15,2423 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
24stating more than the following:
AB386-AA1,65 25Section 65. 103.10 (7) (b) 1. of the statutes is amended to read:
AB386-AA1,16,2
1103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent,
2grandchild, sibling,
or employee has a serious health condition.
AB386-AA1,66 3Section 66. 103.10 (7) (cm) of the statutes is created to read:
AB386-AA1,16,74 103.10 (7) (cm) If an employee requests family leave for a reason described in
5sub. (3) (b) 3., the employer may require the employee to provide certification that
6the employee is responsible for the care of a child, spouse, domestic partner, parent,
7grandparent, grandchild, or sibling with a serious health condition.
AB386-AA1,67 8Section 67. 103.10 (7) (d) of the statutes is created to read:
AB386-AA1,16,159 103.10 (7) (d) If an employee requests family leave under sub. (3) (b) 4., the
10employer may require the employee to provide certification that the spouse, child,
11domestic partner, parent, grandparent, grandchild, or sibling of the employee is on
12covered active duty or has been notified of an impending call or order to covered
13active duty. The certification under this paragraph shall be issued at such time and
14in such manner as the department may prescribe by rule, and the employee shall
15provide a copy of that certification to the employer in a timely manner.
AB386-AA1,68 16Section 68. 103.10 (7) (e) of the statutes is created to read:
AB386-AA1,16,2117 103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the
18employer may require the employee to provide certification that there is an
19unforeseen or unexpected short-term gap in child care, as defined in rule by the
20department, for the employee's child, grandchild, or sibling that the employee must
21fill. The department may prescribe by rule the form and content of the certification.
AB386-AA1,69 22Section 69. 103.10 (7) (f) of the statutes is created to read:
AB386-AA1,17,723 103.10 (7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or
24medical leave due to medical isolation, the employer may require the employee to
25provide certification issued by a local public health official, the department of health

1services, or a health care provider or Christian Science practitioner of the child,
2spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee,
3whichever is appropriate, except that no employer may require certification under
4this paragraph if the sole reason for the medical isolation is due to the employer's
5request under sub. (1) (em) 3. No employer may require certification under this
6subdivision stating more than that the child, spouse, domestic partner, parent,
7grandparent, grandchild, sibling, or employee is in medical isolation.
AB386-AA1,17,118 2. If an employee requests family leave under sub. (3) (b) 6., the employer may
9require the employee to provide certification that the employee is responsible for the
10care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling,
11or employee who is in medical isolation.
AB386-AA1,70 12Section 70. 103.10 (7) (g) of the statutes is created to read:
AB386-AA1,17,1713 103.10 (7) (g) If an employee requests family leave under sub. (3) (b) 7., the
14employer may require the employee to provide certification that the employee is
15addressing issues of the employee or the employee's child, spouse, domestic partner,
16parent, grandparent, grandchild, or sibling related to being the victim of domestic
17abuse, sexual abuse, or stalking.
AB386-AA1,71 18Section 71. 103.10 (10) of the statutes is amended to read:
AB386-AA1,17,2419 103.10 (10) Alternative employment. Nothing in this section prohibits an
20employer and an employee with a serious health condition or in medical isolation
21from mutually agreeing to alternative employment for the employee while the
22serious health condition or medical isolation lasts. No period of alternative
23employment, with the same employer, reduces the employee's right to family leave
24or medical leave.
AB386-AA1,72 25Section 72. 103.10 (12) (b) of the statutes is amended to read:
AB386-AA1,18,10
1103.10 (12) (b) An employee who believes his or her employer has violated sub.
2(11) (a) or (b) may, within 30 300 days after the violation occurs or the employee
3should reasonably have known that the violation occurred, whichever is later, file a
4complaint with the department alleging the violation. Except as provided in s.
5230.45 (1m), the department shall investigate the complaint and shall attempt to
6resolve the complaint by conference, conciliation or persuasion. If the complaint is
7not resolved and the department finds probable cause to believe a violation has
8occurred, the department shall proceed with notice and a hearing on the complaint
9as provided in ch. 227. The hearing shall be held within 60 days after the department
10receives the complaint.
AB386-AA1,73 11Section 73. 103.10 (12) (c) of the statutes is amended to read:
AB386-AA1,18,1812 103.10 (12) (c) If 2 or more health care providers disagree about any of the
13information required to be certified under sub. (7) (b), the department may appoint
14another health care provider to examine the child, spouse, domestic partner, parent,
15grandparent, grandchild, sibling, or employee and render an opinion as soon as
16possible. The department shall promptly notify the employee and the employer of
17the appointment. The employer and the employee shall each pay 50 percent of the
18cost of the examination and opinion.
AB386-AA1,74 19Section 74. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
AB386-AA1,75 20Section 75. 103.10 (14) (b) of the statutes is repealed.
AB386-AA1,76 21Section 76. 103.105 of the statutes is created to read:
AB386-AA1,18,23 22103.105 Family and medical leave benefits insurance program. (1)
23Definitions. In this section:
AB386-AA1,19,3
1(a) “Application year" means the 12-month period beginning on the first day
2of the first calendar week for which family or medical leave insurance benefits are
3claimed by a covered individual.
AB386-AA1,19,154 (b) “Average weekly earnings" means one-thirteenth of the wages paid to an
5employee during the last completed calendar quarter prior to the covered
6individual's date of eligibility for benefits under this section and includes all sick,
7holiday, vacation, and termination pay that is paid directly by an employer to an
8employee at the employee's usual rate of pay during his or her last completed
9calendar quarter as a result of employment for an employer and any total or partial
10disability payments under ch. 102 or a federal law that provides for payments on
11account of a work-related injury or illness. For self-employed individuals, “ average
12weekly earnings" means one fifty-second of the gross income reported as income to
13the federal internal revenue service in the most recent tax year in which the
14individual filed taxes prior to the individual's date of eligibility for benefits under this
15section.
AB386-AA1,19,2016 (c) “Covered individual" means an employee who satisfies s. 103.10 (2) (c), a
17self-employed individual who elects coverage under sub. (2), or an employee of a
18small employer who elects coverage under sub. (2), regardless of whether the
19individual is employed or unemployed at the time the individual files an application
20for family or medical leave insurance benefits.
AB386-AA1,19,2121 (d) “Employee" has the meaning given in s. 103.10 (1) (b).
AB386-AA1,19,2222 (e) “Employer" has the meaning given in s. 103.10 (1) (c).
AB386-AA1,19,2523 (f) “Family leave" means an individual's leave from employment,
24self-employment, or availability for employment for a reason specified in s. 103.10
25(3) (b) 1. to 7. or 103.11 (4).
AB386-AA1,20,2
1(g) “Family or medical leave insurance benefits" means benefits payable under
2this section from the family and medical leave benefits insurance trust fund.
AB386-AA1,20,43 (h) “Medical leave” means leave from employment, self-employment, or
4availability for employment for any of the reasons in s. 103.10 (4).
AB386-AA1,20,75 (i) “Self-employed individual” means a sole proprietor, partner of a
6partnership, member of a limited liability company, or other individual engaged in
7a vocation, profession, or business for himself or herself and not for an employer.
AB386-AA1,20,98 (j) “Small employer” means a person engaging in any activity, enterprise, or
9business in this state employing fewer than 50 individuals on a permanent basis.
AB386-AA1,20,1210 (k) “State annual median wage" means the median hourly wage for all
11occupations in this state in a calendar year, as determined by the bureau of labor
12statistics of the U.S. department of labor, multiplied by 2,080.
AB386-AA1,20,25 13(2) Election by self-employed individual or small employer. A
14self-employed individual or small employer may elect to be covered under this
15section by filing a written notice of election with the department in a form and
16manner prescribed by the department by rule. An initial election under this
17subsection becomes effective on the date on which the notice of election is filed, shall
18be for a period of not less than 3 years, and may be renewed for subsequent one-year
19periods by the filing of a written notice with the department that the self-employed
20individual or small employer intends to continue coverage under this section. A
21self-employed individual or small employer who elects coverage under this section
22may withdraw that election no earlier than 3 years after the date of the initial
23election or at such other times as the department may prescribe by rule by providing
24notice of that withdrawal to the department not less than 30 days before the
25expiration date of the election.
AB386-AA1,21,4
1(3) Eligibility for benefits. (a) Except as otherwise provided in sub. (6), a
2covered individual who is on family leave or medical leave is eligible to receive family
3or medical leave insurance benefits in the amount specified in sub. (4) and for the
4duration specified in sub. (5).
AB386-AA1,21,165 (b) To receive family or medical leave insurance benefits, a covered individual
6shall file a claim for those benefits within the time and in the manner that the
7department prescribes by rule. On receipt of a claim for family or medical leave
8insurance benefits, the department may request from the individual's employer or
9from the self-employed individual any information necessary for the department to
10determine the individual's eligibility for those benefits and the amount and duration
11of those benefits. The employer or self-employed individual shall provide that
12information to the department within the time and in the manner that the
13department prescribes by rule. If the department determines that a covered
14individual is eligible to receive family or medical leave insurance benefits, the
15department shall provide those benefits to the individual as provided in subs. (4) and
16(5).
AB386-AA1,21,19 17(4) Amount of benefits. Except as provided in sub. (6), the amount of family
18or medical leave insurance benefits payable for a week shall be based upon the
19covered individual's average weekly earnings, as follows:
AB386-AA1,21,2320 (a) For the amount of the covered individual's average weekly earnings that are
21less than 50 percent of the state annual median wage in the calendar year before the
22covered individual's application year, 90 percent of the covered individual's average
23weekly earnings.
AB386-AA1,22,224 (b) For the amount of the covered individual's average weekly earnings that are
25more than or equal to 50 percent of the state annual median wage in the calendar

1year before the covered individual's application year, 50 percent of the covered
2individual's average weekly earnings.
AB386-AA1,22,6 3(5) Duration of benefits. The maximum number of weeks for which family or
4medical leave insurance benefits are payable in an application year is 12 weeks. A
5covered individual may be paid family or medical leave insurance benefits
6continuously, or at the option of the covered individual, intermittently.
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