Amendment AA6-ASA2-AB50

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:

AB50-ASA2-AA6,70,5 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB50-ASA2-AA6,159 Section 159. 103.10 (7) (b) 1. of the statutes is amended to read:

AB50-ASA2-AA6,70,8 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

AB50-ASA2-AA6,160 Section 160. 103.10 (7) (cm) of the statutes is created to read:

AB50-ASA2-AA6,70,13 103.10 (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-ASA2-AA6,161 Section 161. 103.10 (7) (d) of the statutes is created to read:

AB50-ASA2-AA6,70,21 103.10 (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-ASA2-AA6,162 Section 162. 103.10 (7) (e) of the statutes is created to read:

AB50-ASA2-AA6,71,5 103.10 (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-ASA2-AA6,163 Section 163. 103.10 (7) (f) of the statutes is created to read:

AB50-ASA2-AA6,71,17 103.10 (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-ASA2-AA6,71,21 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-ASA2-AA6,164 Section 164. 103.10 (7) (g) of the statutes is created to read:

AB50-ASA2-AA6,72,4 103.10 (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-ASA2-AA6,165 Section 165. 103.10 (10) of the statutes is amended to read:

AB50-ASA2-AA6,72,11 103.10 (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-ASA2-AA6,166 Section 166. 103.10 (12) (b) of the statutes is amended to read:

AB50-ASA2-AA6,72,22 103.10 (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-ASA2-AA6,167 Section 167. 103.10 (12) (c) of the statutes is amended to read:

AB50-ASA2-AA6,73,7 103.10 (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-ASA2-AA6,168 Section 168. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

AB50-ASA2-AA6,169 Section 169. 103.10 (14) (b) of the statutes is repealed.

AB50-ASA2-AA6,170 Section 170. 165.68 (1) (a) 3. of the statutes is amended to read:

AB50-ASA2-AA6,73,11 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).