AB50-ASA2-AA6,69,1813103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4. 14that is foreseeable because the spouse, child, domestic partner, parent, 15grandparent, grandchild, or sibling of the employee is on covered active duty or has 16been notified of an impending call or order to covered active duty, the employee shall 17provide notice of that intention to the employer in a reasonable and practicable 18manner. AB50-ASA2-AA6,70,220103.10 (7) (a) If an employee requests family leave for a reason described in 21sub. (3) (b) 3. or requests medical leave due to a serious health condition, the 22employer may require the employee to provide certification, as described in par. (b), 23issued by the health care provider or Christian Science practitioner of the child,
1spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, 2whichever is appropriate. AB50-ASA2-AA6,1583Section 158. 103.10 (7) (b) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,70,54103.10 (7) (b) (intro.) No employer may require certification under par. (a) 5stating more than the following: AB50-ASA2-AA6,70,87103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, 8grandparent, grandchild, sibling, or employee has a serious health condition. AB50-ASA2-AA6,70,1310103.10 (7) (cm) If an employee requests family leave for a reason described in 11sub. (3) (b) 3., the employer may require the employee to provide certification that 12the employee is responsible for the care of a child, spouse, domestic partner, parent, 13grandparent, grandchild, or sibling with a serious health condition. AB50-ASA2-AA6,70,2115103.10 (7) (d) If an employee requests family leave under sub. (3) (b) 4., the 16employer may require the employee to provide certification that the spouse, child, 17domestic partner, parent, grandparent, grandchild, or sibling of the employee is on 18covered active duty or has been notified of an impending call or order to covered 19active duty. The certification under this paragraph shall be issued at such time and 20in such manner as the department may prescribe by rule, and the employee shall 21provide a copy of that certification to the employer in a timely manner. AB50-ASA2-AA6,71,523103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the
1employer may require the employee to provide certification that there is an 2unforeseen or unexpected short-term gap in childcare, as defined in rule by the 3department, for the employee’s child, grandchild, or sibling that the employee must 4fill. The department may prescribe by rule the form and content of the 5certification. AB50-ASA2-AA6,71,177103.10 (7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or 8medical leave due to medical isolation, the employer may require the employee to 9provide certification issued by a local public health official, the department of 10health services, or a health care provider or Christian Science practitioner of the 11child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or 12employee, whichever is appropriate, except that no employer may require 13certification under this paragraph if the sole reason for the medical isolation is due 14to the employer’s request under sub. (1) (em) 3. No employer may require 15certification under this subdivision stating more than that the child, spouse, 16domestic partner, parent, grandparent, grandchild, sibling, or employee is in 17medical isolation. AB50-ASA2-AA6,71,21182. If an employee requests family leave under sub. (3) (b) 6., the employer may 19require the employee to provide certification that the employee is responsible for the 20care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling, 21or employee who is in medical isolation. AB50-ASA2-AA6,72,423103.10 (7) (g) If an employee requests family leave under sub. (3) (b) 7., the
1employer may require the employee to provide certification that the employee is 2addressing issues of the employee or the employee’s child, spouse, domestic partner, 3parent, grandparent, grandchild, or sibling related to being the victim of domestic 4abuse, sexual abuse, or stalking. AB50-ASA2-AA6,72,116103.10 (10) Alternative employment. Nothing in this section prohibits an 7employer and an employee with a serious health condition or in medical isolation 8from mutually agreeing to alternative employment for the employee while the 9serious health condition or medical isolation lasts. No period of alternative 10employment, with the same employer, reduces the employee’s right to family leave 11or medical leave. AB50-ASA2-AA6,72,2213103.10 (12) (b) An employee who believes his or her employer has violated sub. 14(11) (a) or (b) may, within 30 300 days after the violation occurs or the employee 15should reasonably have known that the violation occurred, whichever is later, file a 16complaint with the department alleging the violation. Except as provided in s. 17230.45 (1m), the department shall investigate the complaint and shall attempt to 18resolve the complaint by conference, conciliation or persuasion. If the complaint is 19not resolved and the department finds probable cause to believe a violation has 20occurred, the department shall proceed with notice and a hearing on the complaint 21as provided in ch. 227. The hearing shall be held within 60 days after the 22department receives the complaint. AB50-ASA2-AA6,73,7
1103.10 (12) (c) If 2 or more health care providers disagree about any of the 2information required to be certified under sub. (7) (b), the department may appoint 3another health care provider to examine the child, spouse, domestic partner, 4parent, grandparent, grandchild, sibling, or employee and render an opinion as 5soon as possible. The department shall promptly notify the employee and the 6employer of the appointment. The employer and the employee shall each pay 50 7percent of the cost of the examination and opinion. AB50-ASA2-AA6,1688Section 168. 103.10 (14) (a) of the statutes is renumbered 103.10 (14). AB50-ASA2-AA6,17010Section 170. 165.68 (1) (a) 3. of the statutes is amended to read: AB50-ASA2-AA6,73,1111165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd). AB50-ASA2-AA6,73,1513(1) Family and medical leave. The treatment of s. 103.10 (12) (b) first 14applies to a violation that occurs, or that an employee should reasonably have 15known occurred, on the effective date of this subsection. AB50-ASA2-AA6,73,1816(2) Leave benefits eligibility. The treatment of s. 103.108 (2) first applies 17to a period of family leave, as defined in s. 103.108 (1) (f), or a period of medical 18leave, as defined in s. 103.105 (1) (i), commencing on January 1, 2027. AB50-ASA2-AA6,74,420(1) Family and medical leave expansion position funding. In the 21schedule under s. 20.005 (3) for the appropriation to the department of workforce 22development under s. 20.445 (1) (o), the dollar amount for fiscal year 2025-26 is 23increased by $103,600 to increase the authorized FTE positions for the department 24of workforce development by 1.0 FED project position to perform outreach and
1technical assistance to support the expanded family and medical leave provisions.. 2In the schedule under s. 20.005 (3) for the appropriation to the department of 3workforce development under s. 20.445 (1) (o), the dollar amount for fiscal year 42026-27 is increased by $103,600 for the position authorized under this subsection. AB50-ASA2-AA6,74,95(2) Family and medical leave expansion. In the schedule under s. 20.005 6(3) for the appropriation to the department of workforce development under s. 720.445 (1) (n), the dollar amount for fiscal year 2025-26 is decreased by $103,600 8and the dollar amount for fiscal year 2026-27 is decreased by $103,600 to reflect the 9position authorized under sub. (1) and the corresponding appropriation.”. AB50-ASA2-AA6,74,1412103.44 Compensation included in job postings. In each job posting 13seeking applicants that is made by an employer, the employer shall include the 14compensation for the position.”. AB50-ASA2-AA6,74,1817103.035 Work schedule flexibility and predictability. (1) Definitions. 18In this section: AB50-ASA2-AA6,74,2119(a) “Bona fide business reason” means a reason that justifies an employer’s 20action and that is based on the employer’s determination that taking a different 21action would have any of the following results: AB50-ASA2-AA6,75,2221. Additional costs to the employer, including costs of lost employee
1productivity, retaining or hiring employees, or transferring employees between 2work locations. AB50-ASA2-AA6,75,432. A significant detrimental effect on the employer’s ability to meet 4organizational needs or customer demand. AB50-ASA2-AA6,75,653. A significant inability of the employer, despite the employer’s best efforts, to 6reorganize work among other employees. AB50-ASA2-AA6,75,774. A significant detrimental effect on the employer’s business performance. AB50-ASA2-AA6,75,885. Insufficient work during the period an employee proposes to work. AB50-ASA2-AA6,75,1196. Unfairness to other employees who request changes to work schedules if 10granting all requests would have a significant detrimental effect on the employer’s 11ability to meet organizational needs. AB50-ASA2-AA6,75,1212(b) “Child” means an individual who is all of the following: AB50-ASA2-AA6,75,14131. A biological, adopted, or foster child; a stepchild; a legal ward; or a child of 14a person standing in the place of a parent with respect to that child. AB50-ASA2-AA6,75,15152. An individual to whom any of the following applies: AB50-ASA2-AA6,75,1616a. The individual is less than 18 years of age. AB50-ASA2-AA6,75,1817b. The individual is 18 years of age or older and is incapable of self-care 18because of a mental or physical disability. AB50-ASA2-AA6,75,1919(c) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1). AB50-ASA2-AA6,75,2020(d) “Employee” means an employee who is employed by an employer. AB50-ASA2-AA6,76,221(e) “Employer” means an employer that employs at least 15 employees. 22“Employer” includes the state, its political subdivisions, and any office, 23department, independent agency, authority, institution, association, society, or
1other body in state or local government created or authorized to be created by the 2constitution or any law, including the legislature and the courts. AB50-ASA2-AA6,76,33(f) “Family member” means any of the following: AB50-ASA2-AA6,76,441. A spouse or domestic partner of an employee. AB50-ASA2-AA6,76,652. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or 6grandchild of an employee or of an employee’s spouse or domestic partner. AB50-ASA2-AA6,76,1073. Any other individual who is related by blood, marriage, or adoption to an 8employee or to an employee’s spouse or domestic partner and whose close 9association with the employee, spouse, or domestic partner makes the individual 10the equivalent of an individual listed under subd. 2. AB50-ASA2-AA6,76,1111(g) “Grandchild” means the child of a child. AB50-ASA2-AA6,76,1212(h) “Grandparent” means the parent of a parent. AB50-ASA2-AA6,76,1513(i) “Nonexempt employee” means an employee who is not employed in a bona 14fide executive, administrative, or professional capacity, as described in 29 USC 213 15(a) (1). AB50-ASA2-AA6,76,1816(j) “Parent” means a biological parent, foster parent, adoptive parent, 17stepparent, or legal guardian of an employee or of an employee’s spouse or domestic 18partner. AB50-ASA2-AA6,76,2019(k) “Part-time employee” means an employee who works on average fewer 20than 30 hours per week for a particular employer. AB50-ASA2-AA6,77,221(L) “Service employee” means a nonexempt employee who is employed in any 22of the occupations classified under the following codes set forth in the Standard
1Occupational Classification System, 2018 edition, published by the bureau of labor 2statistics of the U.S. department of labor: AB50-ASA2-AA6,77,431. Major group code 35-0000 — food preparation and serving related 4occupations. AB50-ASA2-AA6,77,552. Broad occupation code 37-2010 — building cleaning workers. AB50-ASA2-AA6,77,763. Detailed occupation code 41-1011 — first-line supervisors of retail sales 7workers. AB50-ASA2-AA6,77,884. Minor group code 41-2000 — retail sales workers. AB50-ASA2-AA6,77,109(m) “Sibling” means a brother, sister, half brother, half sister, stepbrother, 10stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption. AB50-ASA2-AA6,77,1311(n) “Split shift” means a work shift that consists of work time that is not 12continuous. For purposes of determining whether a work shift is continuous, any of 13the following breaks in work time are not considered: AB50-ASA2-AA6,77,14141. One or more breaks for meals that total one hour or less. AB50-ASA2-AA6,77,15152. A break that is requested by the employee. AB50-ASA2-AA6,77,1816(o) “Work schedule” means the days and times during each successive work 17period when an employee is required by an employer to perform duties of 18employment. AB50-ASA2-AA6,77,2019(p) “Work shift” means the specific times during a day that an employer 20requires an employee to work. AB50-ASA2-AA6,77,2221(q) “Written” includes a communication that is transmitted or received by 22electronic means. AB50-ASA2-AA6,78,323(2) Employee right to request and receive work schedule changes. (a)
1Employee right to request work schedule changes. 1. An employee may request a 2change in the terms and conditions of employment related to any of the following, 3and may make such a request by email or text message: AB50-ASA2-AA6,78,44a. The number of hours the employee is required to work or be on call for work. AB50-ASA2-AA6,78,65b. The days or times when the employee is required to work or be on call for 6work. AB50-ASA2-AA6,78,77c. The location where the employee is required to work. AB50-ASA2-AA6,78,98d. The amount of notification the employee receives regarding changes to the 9employee’s work schedule. AB50-ASA2-AA6,78,1110e. Minimizing fluctuations in the number of hours the employee is scheduled 11to work on a daily, weekly, or monthly basis. AB50-ASA2-AA6,78,13122. An employee who makes a request under subd. 1. shall specify in the 13request whether it is related to any of the following: AB50-ASA2-AA6,78,1514a. A serious health condition, as defined under s. 103.10 (1) (g), of the 15employee. AB50-ASA2-AA6,78,1916b. The employee’s responsibilities as a significant provider of ongoing care, 17including responsibility for securing ongoing care, of the employee’s child, family 18member with a serious health condition, as defined under s. 103.10 (1) (g), or parent 19who is 65 years of age or older. AB50-ASA2-AA6,78,2120c. The employee’s responsibilities as a significant provider of education, 21including responsibility for securing education, of the employee’s child. AB50-ASA2-AA6,78,2322d. The employee’s enrollment in an educational or training program or 23program of study that leads to a recognized postsecondary credential. AB50-ASA2-AA6,79,2
1e. If the employee is a part-time employee, conflicts with the employee’s other 2employment. AB50-ASA2-AA6,79,103(b) Evaluating requests for work schedule changes. If an employer receives a 4request from an employee under par. (a), the employer shall either grant the request 5without modification or negotiate in good faith with the employee to find a 6compromise that meets the employee’s and the employer’s work scheduling needs, 7including by considering any alternative proposals offered by the employee. If the 8employer denies the request and any alternative proposals offered, the employer 9shall inform the employee of the reasons for denial, including whether any of the 10reasons is a bona fide business reason.
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