Amendment AA6-ASA2-AB50

AB50-ASA2-AA6,60,3 (b) Teacher apprentice incentives. From the appropriation under s. 20.445 (1) (b), in each year of the 2025-27 fiscal biennium, the department of workforce development shall allocate $1,000,000 to provide grants under s. 106.27 (1) to support costs of sponsoring teacher apprentices under subch. I of ch. 106.

AB50-ASA2-AA6,60,7 (c) Artificial intelligence. From the appropriation under s. 20.445 (1) (b), in each year of the 2025-27 fiscal biennium, the department of workforce development shall allocate $200,000 for grants under s. 106.27 (1) to help school districts to prepare students for a future that includes artificial intelligence.”.

AB50-ASA2-AA6,60,8 12. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,60,9 “Section 129. 20.445 (1) (ga) of the statutes is amended to read:

AB50-ASA2-AA6,60,13 20.445 (1) (ga) Auxiliary services. All moneys received from fees collected under ss. 102.16 (2m) (d), 103.005 (15), 103.91 (3), 103.92 (1) (a), and 106.09 (7) for the delivery of services under ss. 102.16 (2m) (f), 103.005 (15), and 106.09 and ch. 108 and for administrative services under ss. 103.905 to 103.97.

AB50-ASA2-AA6,130 Section 130. 103.90 (3) (b) 3. of the statutes is created to read:

AB50-ASA2-AA6,60,16 103.90 (3) (b) 3. Any bed and breakfast establishment, hotel, or tourist rooming house that is required to be licensed under s. 97.605.

AB50-ASA2-AA6,9250 Section 9250. Fiscal changes; Workforce Development.

AB50-ASA2-AA6,61,2 (1) Migrant seasonal farm worker program; staff. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $64,000 to increase the authorized FTE positions for the department by 1.0 GPR position for the purpose of the migrant seasonal farm worker program under ss. 103.90 to 103.97. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $78,200 to provide funding for the position authorized under this subsection.

AB50-ASA2-AA6,61,9 (2) Migrant seasonal farm worker program; supplies and services. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $779,500 and the dollar amount for fiscal year 2026-27 is increased by $33,100 for supplies and services for an online platform to be used by the migrant seasonal farm worker program under ss. 103.90 to 103.97 to process applications and certifications for migrant labor camp and housing operators.

AB50-ASA2-AA6,61,15 (3) Migrant seasonal farm worker program; administrative services. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (ga), the dollar amount for fiscal year 2025-26 is increased by $35,000 and the dollar amount for fiscal year 2026-27 is increased by $35,000 for administrative services related to the migrant seasonal farm worker program under ss. 103.90 to 103.97.”.

AB50-ASA2-AA6,61,16 13. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,61,17 “Section 131. 103.08 of the statutes is created to read:

AB50-ASA2-AA6,61,18 103.08 Paid family and medical leave. (1) Definitions. In this section:

AB50-ASA2-AA6,61,21 (a) “Application year” means the 12-month period beginning on the first day of the first calendar week for which leave benefits are claimed by an employee under this section.

AB50-ASA2-AA6,62,5 (b) “Average weekly earnings” means one-thirteenth of the wages paid to an employee during the last completed calendar quarter prior to the employee’s date of eligibility for leave benefits under this section and includes all sick, holiday, vacation, and termination pay that is paid directly by an employer to an employee at the employee’s usual rate of pay during his or her last completed calendar quarter as a result of employment for an employer and any total or partial disability payments under ch. 102 or a federal law that provides for payments on account of a work-related injury or illness.

AB50-ASA2-AA6,62,9 (d) “Employee” has the meaning given in s. 103.10 (b), except that it does not include employees whose compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or employees of the Board of Regents of the University of Wisconsin System.

AB50-ASA2-AA6,62,13 (e) “Employer” has the meaning given in s. 103.10 (1) (c), except that it does not include any entity whose employees’ compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of Wisconsin System.

AB50-ASA2-AA6,62,15 (f) “Family leave” means leave from employment taken for any of the reasons under s. 103.10 (3) (b) 1. to 7.

AB50-ASA2-AA6,62,17 (g) “Insurer” means a company that issues an insurance policy to an employer to provide leave benefits under this section.

AB50-ASA2-AA6,62,18 (h) “Leave benefits” means benefits provided under sub. (2).

AB50-ASA2-AA6,62,20 (i) “Medical leave” means leave from employment taken for any of the reasons under s. 103.10 (4).

AB50-ASA2-AA6,63,2 (2) Paid benefit requirement. Each employer shall provide paid leave benefits to their employees for up to 8 weeks of family and medical leave in the amount specified in sub. (3). Employees shall be paid leave benefits for consecutive family and medical leave or intermittent family leave and medical leave at the employee’s sole discretion.

AB50-ASA2-AA6,63,4 (3) Benefit amount. The amount of leave benefits for a week for which those benefits are payable is as follows:

AB50-ASA2-AA6,63,8 (a) For the amount of the employee's average weekly earnings that are not more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 90 percent of that individual's average weekly earnings.

AB50-ASA2-AA6,63,11 (b) For the amount of the employee’s average weekly earnings that are more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 50 percent of that employee’s average weekly earnings.

AB50-ASA2-AA6,63,13 (4) Insurance. (a) An employer may contract with an insurance company to provide coverage for the leave benefits required under sub. (2).

AB50-ASA2-AA6,63,16 (b) Employers may not deduct any fees from employee compensation for the cost of insurance coverage or otherwise charge employees for the cost of insurance coverage under this subsection.

AB50-ASA2-AA6,63,18 (c) Insurance policies for leave benefits shall allow for employees to seek arbitration following a denial of leave benefits by the insurer.

AB50-ASA2-AA6,63,21 (5) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, an employer shall do all of the following:

AB50-ASA2-AA6,64,3 (a) At the time an individual files a claim for leave benefits, advise the individual that those benefits may be subject to federal income taxation, that requirements exist under federal law pertaining to estimated tax payments, and that the individual may elect to have federal income taxes withheld from the individual’s benefit payments and may change that election not more than one time in an application year.

AB50-ASA2-AA6,64,9 (b) Allow the individual to elect to have federal income tax deducted and withheld from the individual’s benefit payments, allow the individual to change that election not more than one time in an application year, and deduct and withhold that tax in accordance with the individual’s election as provided under 26 USC 3402. If the employer has contracted with an insurer, the employer shall direct the insurer to follow the provisions of this paragraph.

AB50-ASA2-AA6,64,21 (6) Denial of benefits; appeals. An employer or an insurer that provides benefits under a policy under sub. (4) shall provide an employee with the reason for a denial for a claim for leave benefits whether in whole or in part, with information for the employee to file an appeal with the department. An employee whose claim for leave benefits under this section has been denied in whole or in part by their employer or their employer’s insurer may file a complaint with the department after receiving a final denial from their employer or their employer’s insurer. The department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that the employer or insurer should have paid leave benefits, the department may order the employer or insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay reasonable actual attorney fees to the employee.

AB50-ASA2-AA6,64,23 (7) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB50-ASA2-AA6,65,4 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB50-ASA2-AA6,65,8 (c) No collective bargaining agreement or employer policy may diminish or abridge an employee’s rights under this section. Any agreement purporting to waive or modify an employee’s rights under this section is void as against public policy and unenforceable.

AB50-ASA2-AA6,65,13 (8) Notice posted. Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. Any employer that violates this subsection shall forfeit not more than $100 for each violation.

AB50-ASA2-AA6,65,14 (9) Rules. The department shall promulgate rules to implement this section.

AB50-ASA2-AA6,132 Section 132. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB50-ASA2-AA6,65,18 103.10 (1) (a) “Child” means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies:.

AB50-ASA2-AA6,133 Section 133. 103.10 (1) (a) 1. of the statutes is repealed.

AB50-ASA2-AA6,134 Section 134. 103.10 (1) (a) 2. of the statutes is repealed.

AB50-ASA2-AA6,135 Section 135. 103.10 (1) (ap) of the statutes is created to read:

AB50-ASA2-AA6,65,22 103.10 (1) (ap) “Covered active duty” means any of the following:

AB50-ASA2-AA6,66,2 1. For a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

AB50-ASA2-AA6,66,6 2. For a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

AB50-ASA2-AA6,136 Section 136. 103.10 (1) (b) of the statutes is amended to read:

AB50-ASA2-AA6,66,11 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee” means an individual employed in this state by an employer, except the employer’s parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

AB50-ASA2-AA6,137 Section 137. 103.10 (1) (dm) of the statutes is created to read:

AB50-ASA2-AA6,66,13 103.10 (1) (dm) “Grandchild” means the child of a child.

AB50-ASA2-AA6,138 Section 138. 103.10 (1) (dp) of the statutes is created to read:

AB50-ASA2-AA6,66,15 103.10 (1) (dp) “Grandparent” means the parent of a parent.

AB50-ASA2-AA6,139 Section 139. 103.10 (1) (em) of the statutes is created to read:

AB50-ASA2-AA6,66,17 103.10 (1) (em) “Medical isolation” means any of the following:

AB50-ASA2-AA6,66,21 1. When a health care professional, a local health officer, or the department of health services advises that an individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

AB50-ASA2-AA6,66,23 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB50-ASA2-AA6,67,3 3. When an individual’s employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

AB50-ASA2-AA6,140 Section 140. 103.10 (1) (gm) of the statutes is created to read:

AB50-ASA2-AA6,67,6 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB50-ASA2-AA6,141 Section 141. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

AB50-ASA2-AA6,142 Section 142. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

AB50-ASA2-AA6,143 Section 143. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

AB50-ASA2-AA6,144 Section 144. 103.10 (2) (c) of the statutes is amended to read:

AB50-ASA2-AA6,67,13 103.10 (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-ASA2-AA6,145 Section 145. 103.10 (3) (a) of the statutes is repealed.

AB50-ASA2-AA6,146 Section 146. 103.10 (3) (b) 3. of the statutes is amended to read:

AB50-ASA2-AA6,67,18 103.10 (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-ASA2-AA6,147 Section 147. 103.10 (3) (b) 4. of the statutes is created to read:

AB50-ASA2-AA6,67,23 103.10 (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-ASA2-AA6,148 Section 148. 103.10 (3) (b) 5. of the statutes is created to read:

AB50-ASA2-AA6,68,5 103.10 (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-ASA2-AA6,149 Section 149. 103.10 (3) (b) 6. of the statutes is created to read:

AB50-ASA2-AA6,68,9 103.10 (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-ASA2-AA6,150 Section 150. 103.10 (3) (b) 7. of the statutes is created to read:

AB50-ASA2-AA6,68,13 103.10 (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-ASA2-AA6,151 Section 151. 103.10 (4) (a) of the statutes is amended to read:

AB50-ASA2-AA6,68,18 103.10 (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-ASA2-AA6,152 Section 152. 103.10 (4) (b) of the statutes is repealed.

AB50-ASA2-AA6,153 Section 153. 103.10 (4m) of the statutes is created to read:

AB50-ASA2-AA6,68,23 103.10 (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-ASA2-AA6,154 Section 154. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,69,6 103.10 (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-ASA2-AA6,155 Section 155. 103.10 (6) (b) 1. of the statutes is amended to read:

AB50-ASA2-AA6,69,11 103.10 (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-ASA2-AA6,156 Section 156. 103.10 (6) (c) of the statutes is created to read:

AB50-ASA2-AA6,69,18 103.10 (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-ASA2-AA6,157 Section 157. 103.10 (7) (a) of the statutes is amended to read:

AB50-ASA2-AA6,70,2 103.10 (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-ASA2-AA6,158 Section 158. 103.10 (7) (b) (intro.) of the statutes is amended to read: