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In addition, the benefits payable cannot exceed $1,000 per week, adjusted
according to the consumer price index.
In addition, the bill provides that family or medical leave insurance benefits are
payable beginning on the sixth day of family or medical leave, except that if a covered
individual uses ten or more days of family or medical leave insurance benefits in an
application year, those benefits are also payable with respect to the first five days of
family or medical leave. The bill also provides that no family or medical leave
insurance benefits are payable for any period of family or medical leave in which a
covered individual is substituting paid leave of any other type provided by his or her
employer or in which a covered individual is receiving unemployment benefits or
worker's compensation benefits. Finally, with respect to family or medical leave
insurance benefits, the bill provides that those benefits are exempt from state income
taxation.

Beginning on January 1, 2023, the bill requires each individual employed in
this state, including an individual employed by the state, and each self-employed
individual who elects coverage under the family and medical leave insurance
program to contribute to the trust fund a percentage of his or her wages from
employment or income from self-employment determined by DWD in consultation
with the commissioner of insurance that is sufficient to finance the payments of
benefits under the program and the administration of the program. The bill requires
DWD to collect those contributions in the same manner as DWD collects
contributions to the unemployment reserve fund under current law.
The bill does the following:
1. Allows a covered individual whose claim for family or medical leave
insurance benefits is denied by DWD to request a hearing on the denial and requires
DWD to process the request for hearing in the same manner that requests for
hearings on unemployment insurance claims are processed under current law.
2. Allows DWD to seek repayment of family or medical leave insurance benefits
that are paid erroneously or as a result of willful misrepresentation in the same
manner that DWD recovers erroneous payments of unemployment insurance
benefits under current law or to waive recovery of an erroneous payment of those
benefits if the erroneous payment was not the fault of the person who received it and
if requiring repayment would be contrary to equity and good conscience.
3. Provides that if an individual willfully makes a false statement or
representation, or willfully fails to disclose a material fact, to obtain family or
medical leave insurance benefits, the individual is disqualified from receiving those
benefits for one year after the date of the disqualification.
Finally, the bill allows a city, village, town, or county to enact and enforce
ordinances requiring employers to provide leave from employment to their
employees if those ordinances are more generous than those provided under state
law.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions for a report to be printed
as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB596,1 1Section 1. 20.445 (1) (w) of the statutes is created to read:
SB596,5,22 20.445 (1) (w) Family and medical leave insurance trust fund. From the family
3and medical leave insurance trust fund, all moneys deposited in that fund under s.
4103.105 (8) for the payments of family or medical leave insurance benefits under s.

1103.105 (3) (c) and for the administration of the family or medical leave insurance
2program under s. 103.105.
SB596,2 3Section 2. 25.17 (1) (er) of the statutes is created to read:
SB596,5,44 25.17 (1) (er) Family and medical leave insurance trust fund (s. 25.52);
SB596,3 5Section 3. 25.52 of the statutes is created to read:
SB596,5,9 625.52 Family and medical leave insurance trust fund. There is created
7a separate nonlapsible trust fund designated as the family and medical leave
8insurance trust fund, to consist of all moneys deposited in that fund under s. 103.105
9(8).
SB596,4 10Section 4 . 71.05 (6) (b) 54. of the statutes is created to read:
SB596,5,1411 71.05 (6) (b) 54. For taxable years beginning after December 31, 2023, any
12amount of family or medical leave insurance benefits received by a covered
13individual, as defined in s. 103.105 (1) (d), in the taxable year to which the
14subtraction relates.
SB596,5 15Section 5. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a)
16and amended to read:
SB596,5,1817 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or
18a legal ward to whom any of the following applies: .
SB596,6 19Section 6. 103.10 (1) (a) 1. of the statutes is repealed.
SB596,7 20Section 7. 103.10 (1) (a) 2. of the statutes is repealed.
SB596,8 21Section 8 . 103.10 (1) (ap) of the statutes is created to read:
SB596,5,2222 103.10 (1) (ap) “Covered active duty" means any of the following:
SB596,5,2423 1. In the case of a member of a regular component of the U.S. armed forces, duty
24during the deployment of the member with the U.S. armed forces to a foreign country.
SB596,6,4
12. In the case of a member of a reserve component of the U.S. armed forces, duty
2during the deployment of the member with the U.S. armed forces to a foreign country
3under a call or order to active duty under a provision of law specified in 10 USC 101
4(a) (13) (B).
SB596,9 5Section 9. 103.10 (1) (b) of the statutes is amended to read:
SB596,6,96 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee"
7means an individual employed in this state by an employer, except the employer's
8parent child, spouse, domestic partner, or child parent, grandparent, grandchild, or
9sibling
.
SB596,10 10Section 10. 103.10 (1) (c) of the statutes is amended to read:
SB596,6,1611 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer" “Employer”
12means a person engaging in any activity, enterprise, or business in this state
13employing at least 50 individuals on a permanent basis. “ Employer" includes the
14state and any office, department, independent agency, authority, institution,
15association, society, or other body in state government created or authorized to be
16created by the constitution or any law, including the legislature and the courts.
SB596,11 17Section 11. 103.10 (1) (dm) of the statutes is created to read:
SB596,6,1818 103.10 (1) (dm) “Grandchild" means the child of a child.
SB596,12 19Section 12. 103.10 (1) (dp) of the statutes is created to read:
SB596,6,2020 103.10 (1) (dp) “Grandparent" means the parent of a parent.
SB596,13 21Section 13. 103.10 (1) (gm) of the statutes is created to read:
SB596,6,2322 103.10 (1) (gm) “Sibling" means a brother, sister, half brother, half sister,
23stepbrother, or stepsister, whether by blood, marriage, or adoption.
SB596,14 24Section 14. 103.10 (1m) of the statutes is repealed.
SB596,15 25Section 15. 103.10 (3) (a) 1. of the statutes is amended to read:
SB596,7,2
1103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 weeks
2of family leave under par. (b) 1. and, 2., and 4.
SB596,16 3Section 16. 103.10 (3) (b) 3. of the statutes is amended to read:
SB596,7,64 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or
5parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or
6parent, grandparent, grandchild, or sibling has a serious health condition.
SB596,17 7Section 17 . 103.10 (3) (b) 4. of the statutes is created to read:
SB596,7,118 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the
9department by rule, arising out of the fact that the spouse, child, domestic partner,
10parent, grandparent, grandchild, or sibling of the employee is on covered active duty
11or has been notified of an impending call or order to covered active duty.
SB596,18 12Section 18. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB596,7,1713 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the
14planned medical treatment or supervision of a child, spouse, domestic partner, or
15parent, grandparent, grandchild, or sibling or intends to take medical leave because
16of the planned medical treatment or supervision of the employee, the employee shall
17do all of the following:
SB596,19 18Section 19. 103.10 (6) (b) 1. of the statutes is amended to read:
SB596,7,2219 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
20or supervision so that it does not unduly disrupt the employer's operations, subject
21to the approval of the health care provider of the child, spouse, domestic partner,
22parent, grandparent, grandchild, sibling, or employee.
SB596,20 23Section 20 . 103.10 (6) (c) of the statutes is created to read:
SB596,8,324 103.10 (6) (c) If an employee intends to take leave under sub. (3) (b) 4. that is
25foreseeable because the spouse, child, domestic partner, parent, grandparent,

1grandchild, or sibling of the employee is on covered active duty or has been notified
2of an impending call or order to covered active duty, the employee shall provide notice
3of that intention to the employer in a reasonable and practicable manner.
SB596,21 4Section 21. 103.10 (7) (a) of the statutes is amended to read:
SB596,8,95 103.10 (7) (a) If an employee requests family leave for a reason described in sub.
6(3) (b) 3. or requests medical leave, the employer may require the employee to provide
7certification, as described in par. (b), issued by the health care provider or Christian
8Science practitioner of the child, spouse, domestic partner, parent, grandparent,
9grandchild, sibling,
or employee, whichever is appropriate.
SB596,22 10Section 22. 103.10 (7) (b) (intro.) of the statutes is amended to read:
SB596,8,1211 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
12stating more than the following:
SB596,23 13Section 23. 103.10 (7) (b) 1. of the statutes is amended to read:
SB596,8,1514 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent,
15grandchild, sibling,
or employee has a serious health condition.
SB596,24 16Section 24 . 103.10 (7) (d) of the statutes is created to read:
SB596,8,2317 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
18may require the employee to provide certification that the spouse, child, domestic
19partner, parent, grandparent, grandchild, or sibling of the employee is on covered
20active duty or has been notified of an impending call or order to covered active duty
21issued at such time and in such manner as the department may prescribe by rule,
22and the employee shall provide a copy of that certification to the employer in a timely
23manner.
SB596,25 24Section 25. 103.10 (12) (c) of the statutes is amended to read:
SB596,9,7
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, parent,
4grandparent, grandchild, sibling, or employee and render an opinion as soon as
5possible. The department shall promptly notify the employee and the employer of
6the appointment. The employer and the employee shall each pay 50 percent of the
7cost of the examination and opinion.
SB596,26 8Section 26. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
SB596,27 9Section 27. 103.10 (14) (b) of the statutes is repealed.
SB596,28 10Section 28. 103.105 of the statutes is created to read:
SB596,9,12 11103.105 Family and medical leave insurance program. (1) Definitions.
12In this section:
SB596,9,1513 (a) “Application year" means the 12-month period beginning on the first day
14of the first calendar week for which family or medical leave insurance benefits are
15claimed by a covered individual.
SB596,9,1716 (b) “Average weekly earnings" means the average weekly earnings of a covered
17individual as calculated under s. 102.11 (1) (a) to (e).
SB596,9,1818 (c) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.
SB596,9,2319 (d) “Covered individual" means an individual who worked for any employer or
20employers for at least 680 hours in the calendar year prior to the individual's
21application year or a self-employed individual who elects coverage under sub. (2),
22regardless of whether the individual is employed or unemployed at the time the
23individual files an application for family or medical leave insurance benefits.
SB596,9,2424 (e) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).
SB596,10,3
1(f) “Employee" means an individual employed in this state by an employer,
2except the employer's child, spouse, domestic partner, parent, grandparent,
3grandchild, or sibling.
SB596,10,84 (g) “Employer" means a person engaging in any activity, enterprise, or business
5in this state. “Employer" includes the state and any office, department, independent
6agency, authority, institution, association, society, or other body in state government
7created or authorized to be created by the constitution or any law, including the
8legislature and the courts.
SB596,10,119 (h) “Family leave" means leave from employment, self-employment, or
10availability for employment for a reason specified in ss. 103.10 (3) (b) 1. to 4. or 103.11
11(4).
SB596,10,1412 (i) “Family or medical leave insurance benefits" means family or medical leave
13insurance benefits payable under this section from the family and medical leave
14insurance trust fund.
SB596,10,1515 (j) “Grandchild" means the child of a child.
SB596,10,1616 (k) “Grandparent" means the parent of a parent.
SB596,10,2117 (L) “Medical leave” means leave from employment, self-employment, or
18availability for employment when a covered individual has a serious health condition
19that makes the individual unable to perform his or her employment or
20self-employment duties, or makes the individual unable to perform the duties of any
21suitable employment.
SB596,10,2422 (m) “Parent" means a natural parent, foster parent, adoptive parent,
23stepparent, or legal guardian of an employee or of an employee's spouse or domestic
24partner.
SB596,11,3
1(n) “Self-employed individual” means a sole proprietor, partner of a
2partnership, member of a limited liability company, or other self-employed
3individual engaged in a vocation, profession, or business in this state.
SB596,11,44 (o) “Serious health condition" has the meaning given in s. 103.10 (1) (g).
SB596,11,65 (p) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or
6stepsister, whether by blood, marriage, or adoption.
SB596,11,77 (q) “Spouse" means an employee's legal husband or wife.
SB596,11,108 (r) “State annual median wage" means the median hourly wage for all
9occupations in this state, as determined by the bureau of labor statistics of the U.S.
10department of labor, multiplied by 2,080.
SB596,11,1211 (s) “Waiting period" means the period under sub. (5) (b) 1. for which no family
12or medical leave insurance benefits are payable.
SB596,12,2 13(2) Election by self-employed individual. A self-employed individual may
14elect to be covered under this section by filing a written notice of election with the
15department in a form and manner prescribed by the department by rule. An initial
16election under this subsection becomes effective on the date on which the notice of
17election is filed, shall be for a period of not less than 3 years, and may be renewed for
18subsequent one-year periods by the filing of a written notice with the department
19that the self-employed individual intends to continue his or her coverage under this
20section. A self-employed individual who elects coverage under this section may
21withdraw that election no earlier than 3 years after the date of the initial election or
22at such other times as the department may prescribe by rule by providing notice of
23that withdrawal to the department not less than 30 days before the expiration date
24of the election. A self-employed individual who elects coverage under this section

1must have worked at least 680 hours in self-employment in the calendar year prior
2to the individual's application year.
SB596,12,9 3(3) Eligibility for benefits. (a) A covered individual who is on family or
4medical leave is eligible to receive family or medical leave insurance benefits in the
5amount specified in sub. (4) and for the duration specified in sub. (5). No family or
6medical leave insurance benefits are payable for any period of family or medical leave
7for which a covered individual is substituting paid leave of any other type provided
8by his or her employer or for which a covered individual is receiving unemployment
9insurance benefits under ch. 108 or worker's compensation benefits under ch. 102.
SB596,12,2110 (b) To receive family or medical leave insurance benefits, a covered individual
11shall file a claim for those benefits within the time and in the manner that the
12department prescribes by rule. On receipt of a claim for family or medical leave
13insurance benefits, the department may request from the individual's employer or
14from the self-employed individual any information necessary for the department to
15determine the individual's eligibility for those benefits and the amount and duration
16of those benefits. The employer or self-employed individual shall provide that
17information to the department within the time and in the manner that the
18department prescribes by rule. If the department determines that a covered
19individual is eligible to receive family or medical leave insurance benefits, the
20department shall provide those benefits to the individual as provided in subs. (4) to
21(6).
SB596,12,24 22(4) Amount of benefits. (a) Subject to pars. (b) and (c), the amount of family
23or medical leave insurance benefits for a week of leave for which those benefits are
24payable is as follows:
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