This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB1098,24 16Section 24 . 103.10 (7) (d) of the statutes is created to read:
AB1098,8,2317 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.
AB1098,25 24Section 25 . 103.10 (12) (c) of the statutes is amended to read:
AB1098,9,7
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.
AB1098,26 8Section 26 . 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
AB1098,27 9Section 27 . 103.10 (14) (b) of the statutes is repealed.
AB1098,28 10Section 28 . 103.105 of the statutes is created to read:
AB1098,9,12 11103.105 Family and medical leave insurance program. (1) Definitions.
12In this section:
AB1098,9,1513 (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.
AB1098,9,1716 (b) “Average weekly earnings" means the average weekly earnings of a covered
17individual as calculated under s. 102.11 (1) (a) to (e).
AB1098,9,1818 (c) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.
AB1098,9,2319 (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.
AB1098,9,2424 (e) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).
AB1098,10,3
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.
AB1098,10,84 (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.
AB1098,10,119 (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).
AB1098,10,1412 (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.
AB1098,10,1515 (j) “Grandchild" means the child of a child.
AB1098,10,1616 (k) “Grandparent" means the parent of a parent.
AB1098,10,2117 (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.
AB1098,10,2422 (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.
AB1098,11,3
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.
AB1098,11,44 (o) “Serious health condition" has the meaning given in s. 103.10 (1) (g).
AB1098,11,65 (p) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or
6stepsister, whether by blood, marriage, or adoption.
AB1098,11,77 (q) “Spouse" means an employee's legal husband or wife.
AB1098,11,108 (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.
AB1098,11,1211 (s) “Waiting period" means the period under sub. (5) (b) 1. for which no family
12or medical leave insurance benefits are payable.
AB1098,12,2 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.
AB1098,12,9 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.
AB1098,12,2110 (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).
AB1098,12,24 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:
AB1098,13,3
11. For a covered individual who earned less than 30 percent of the state annual
2median wage in the calendar year before the individual's application year, 95 percent
3of that individual's average weekly earnings.
AB1098,13,64 2. For a covered individual who earned at least 30 percent, but less than 50
5percent, of the state annual median wage in the calendar year before the individual's
6application year, 90 percent of that individual's average weekly earnings.
AB1098,13,97 3. For a covered individual who earned at least 50 percent, but less than 80
8percent, of the state annual median wage in the calendar year before the individual's
9application year, 85 percent of that individual's average weekly earnings.
AB1098,13,1210 4. For a covered individual who earned at least 80 percent of the state annual
11median wage in the calendar year before the individual's application year, 66 percent
12of that individual's average weekly earnings.
AB1098,13,1713 (b) The amount of family or medical leave insurance benefits for a fractional
14week of leave for which those benefits are payable is one-seventh of the covered
15individual's weekly benefit amount under par. (a) multiplied by the number of days
16of leave taken that week. Family or medical leave insurance benefits are not payable
17for a period of leave of less than one day in duration.
AB1098,14,218 (c) The weekly benefit amount of a covered individual's family or medical leave
19insurance benefits may not exceed $1,000. On April 1 of each year, the department
20shall adjust the maximum daily payment under this paragraph by a percentage
21equal to the average annual percentage change in the U.S. consumer price index for
22all urban consumers, U.S. city average, as determined by the U.S. department of
23labor, for the 12 months ending on December 31 of each calendar year. The
24department shall make pro rata payment of benefits to covered individuals who are
25receiving benefits on the date the consumer price index was adjusted, retroactive to

1the date of the adjustment. The department shall annually have the maximum
2amount of the weekly benefit published in the Wisconsin Administrative Register.
AB1098,14,6 3(5) Duration of benefits. (a) The maximum number of weeks for which family
4or medical leave insurance benefits are payable in an application year is 12 weeks.
5A covered individual may be paid family or medical leave insurance benefits
6continuously, or at the option of the covered individual, intermittently.
AB1098,14,147 (b) 1. Except as provided in subd. 2., no family or medical leave insurance
8benefits are payable for the first 5 calendar days in an application year for which a
9covered individual is eligible for those benefits. Except as provided in subd. 2., family
10or medical leave insurance benefits are payable beginning on the 6th calendar day
11in an application year for which a covered individual is eligible for those benefits.
12The first payment of family or medical leave insurance benefits shall be made no
13later than 2 weeks after a covered individual files a claim for those benefits and
14subsequent payments shall be made no less often than semimonthly.
AB1098,14,1915 2. If a covered individual uses 10 or more days of family or medical leave
16insurance benefits in an application year, those benefits shall also be payable with
17respect to the covered individual's waiting period. An employer may not require a
18covered individual to use paid or unpaid leave of any other type provided by the
19employer during the covered individual's waiting period.
AB1098,14,23 20(6) Employer-provided benefits. Nothing in this section prohibits an
21employer from providing employees with rights to family or medical leave insurance
22benefits that are more generous to the employee than the rights provided under this
23section.
AB1098,15,3
1(7) Tax treatment of benefits. With respect to the federal income taxation of
2family or medical leave insurance benefits, the department shall do all of the
3following:
AB1098,15,94 (a) At the time an individual files a claim for those benefits, advise the
5individual that those benefits may be subject to federal income taxation, that
6requirements exist under federal law pertaining to estimated tax payments, and
7that the individual may elect to have federal income taxes withheld from the
8individual's benefit payments and may change that election not more than one time
9in an application year.
AB1098,15,1310 (b) Allow the individual to elect to have federal income tax deducted and
11withheld from the individual's benefit payments, allow the individual to change that
12election not more than one time in an application year, and deduct and withhold that
13tax in accordance with the individual's election as provided under 26 USC 3402.
AB1098,15,1614 (c) Upon making a deduction under par. (b), transfer the amount deducted from
15the family and medical leave insurance trust fund to the federal internal revenue
16service.
AB1098,15,1917 (d) In deducting and withholding federal income taxes from an individual's
18benefit payments, follow all procedures specified by the federal internal revenue
19service pertaining to the deducting and withholding of federal income tax.
AB1098,15,23 20(8) Family and medical leave insurance trust fund. (a) Each employee and
21each self-employed individual who elects coverage under sub. (2) shall contribute to
22the family and medical leave insurance trust fund a percentage of his or her wages
23from employment or income from self-employment.
AB1098,16,524 (b) The department shall determine the amount of the contribution required
25under par. (a). In determining that percentage, the department shall consult with

1the commissioner of insurance, who shall recommend a percentage that is sufficient
2to pay the benefits under sub. (3) (b) and to pay for the administration of the family
3and medical leave insurance program under this section but does not exceed the
4amount necessary to ensure the solvency of the family and medical leave insurance
5trust fund.
AB1098,16,76 (c) Each employer shall withhold from the wages of its employees the amount
7determined by the department under this subsection.
AB1098,16,118 (d) The department shall collect the contributions withheld by employers in the
9same manner as the department collects contributions to the unemployment reserve
10fund under s. 108.17. Section 108.10 applies to issues regarding liability of
11employers for contributions under this subsection.
AB1098,16,1312 (d) The department shall collect contributions from self-employed individuals
13pursuant to procedures established by the department under sub. (12) (b).
AB1098,16,1614 (e) The department shall deposit contributions received under this subsection
15in the family and medical leave insurance trust fund and credit them to the
16appropriation account under s. 20.445 (1) (w).
AB1098,16,2017 (f) The department shall use moneys deposited in the family and medical leave
18insurance trust fund to pay benefits under sub. (3) and to pay for the administration
19of the family and medical leave insurance program under this section and for no
20other purpose.
AB1098,16,25 21(9) Denial of claims; overpayments. (a) A covered individual whose claim for
22family or medical leave insurance benefits is denied by the department may request
23a hearing on the denial, and the department shall process the request for a hearing
24in the same manner that requests for hearings on unemployment insurance claims
25are processed under s. 108.09.
AB1098,17,11
1(b) If the department pays family or medical leave insurance benefits
2erroneously or as a result of willful misrepresentation, the department may seek
3repayment of those benefits in the same manner that the department recovers
4erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22
5(8), and 108.225. The department may waive recovery of an erroneous payment of
6family or medical leave insurance benefits if the erroneous payment was not the fault
7of the person who received it and if requiring repayment would be contrary to equity
8and good conscience. If an individual willfully makes a false statement or
9representation, or willfully fails to disclose a material fact, to obtain family or
10medical leave insurance benefits under this section, the individual is disqualified
11from receiving those benefits for one year after the date of the disqualification.
AB1098,17,13 12(10) Prohibited acts. (a) No person may interfere with, restrain, or deny the
13exercise of any right provided under this section.
AB1098,17,1814 (b) No person may discharge or otherwise discriminate against any person for
15exercising any right provided under this section, opposing a practice prohibited
16under this section, filing a complaint or attempting to enforce any right provided
17under this section, or testifying or assisting in any action or proceeding to enforce any
18right provided under this section.
AB1098,17,2219 (c) No collective bargaining agreement or employer policy may diminish or
20abridge an employee's rights under this section. Any agreement purporting to waive
21or modify an employee's rights under this section is void as against public policy and
22unenforceable.
AB1098,18,10 23(11) Enforcement. (a) Any person who believes that his or her rights under
24this section have been interfered with, restrained, or denied in violation of sub. (10)
25(a) or that he or she has been discharged or otherwise discriminated against in

1violation of sub. (10) (b) may, within 30 days after the violation occurs or the person
2should reasonably have known that the violation occurred, whichever is later, file a
3complaint with the department alleging the violation, and the department shall
4process the complaint in the same manner as complaints filed under s. 103.10 (12)
5(b) are processed. If the department finds that an employer has violated sub. (10) (a)
6to (c), the department may order the employer to take action to remedy the violation,
7including providing the requested family or medical leave, reinstating an employee,
8providing back pay accrued not more than 2 years before the complaint was filed,
9and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the
10complainant.
AB1098,18,1511 (b) After the completion of an administrative proceeding under par. (a),
12including judicial review, an employee or the department may bring an action in
13circuit court against an employer to recover damages caused by a violation of sub.
14(10) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under
15this paragraph.
AB1098,18,18 16(12) Administration. The department shall administer the family and medical
17leave insurance program under this section. In administering that program, the
18department shall do all of the following:
AB1098,18,2019 (a) Establish procedures and forms for the filing of claims for benefits under
20this section.
AB1098,18,2221 (b) Establish procedures and forms for collecting contributions from
22self-employed individuals.
AB1098,18,2323 (c) Promulgate rules to implement this section.
AB1098,19,3
1(d) Use information sharing and integration technology to facilitate the
2exchange of information as necessary for the department to perform its duties under
3this section.
AB1098,19,84 (e) Conduct a public outreach campaign to inform employers, employees,
5self-employed individuals, and other covered individuals regarding the family and
6medical leave insurance program under this section. Information provided under
7this paragraph shall be provided in English and in any other language customarily
8spoken by more than 20 percent of the population of this state.
AB1098,19,159 (f) By September 1 of each year, submit a report to the governor, the joint
10committee on finance, and the appropriate standing committees of the legislature
11under s. 13.172 (3) on the family and medical leave insurance program under this
12section. The report shall include the projected and actual rates of participation in
13the program, the premium rates for coverage under the program, the balance in the
14family and medical leave insurance trust fund under s. 25.52, and a description of
15the department's outreach efforts under par. (e).
AB1098,19,18 16(13) Records. Notwithstanding s. 19.35 (1), individual personal information
17maintained by the department under this section is confidential and not open to
18public inspection and copying and may be disclosed only as follows:
AB1098,19,2019 (a) On the request of the individual who is the subject of the information or the
20individual's authorized representative, to the individual or representative.
AB1098,19,2321 (b) With the written permission of the individual who is the subject of the
22information or the individual's authorized representative, to a person named in the
23permission.
AB1098,20,3
1(c) To a public employee for use in the performance of the public employee's
2official duties in the administration of the family and medical leave insurance
3program under this section.
AB1098,20,64 (d) Under a court order or an order of a hearing examiner that is obtained upon
5prior notice to the department and a showing to the court or hearing examiner that
6the information is relevant to a pending court or administrative action.
AB1098,20,11 7(14) Notice posted. Each employer shall post, on its Internet site and in one
8or more conspicuous places where notices to employees are customarily posted, a
9notice in a form approved by the department setting forth employees' rights under
10this section. Any employer that violates this subsection shall forfeit not more than
11$100 for each violation.
AB1098,29 12Section 29 . 103.12 (2) of the statutes is amended to read:
AB1098,20,1613 103.12 (2) In this section, “employment benefit” means anything of value, other
14than wages and salary, that an employer makes available to an employee, including
15a retirement, benefit, a pension , benefit, a profit sharing, benefit, or an insurance,
16or leave
benefit. The term does not include a leave benefit.
AB1098,30 17Section 30 . 103.12 (3) of the statutes is amended to read:
AB1098,20,2218 103.12 (3) (a) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), no
19city, village, town, or county may enact or enforce an ordinance requiring an
20employer to provide certain employment benefits to its employees, to provide a
21minimum level of employment benefits to its employees, or to prescribe the terms or
22conditions of employment benefits provided to its employees.
AB1098,21,223 (b) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), if a city, village,
24town, or county has in effect on April 18, 2018, an ordinance requiring an employer

1to provide certain employment benefits or to provide a minimum level of employment
2benefits to its employees, the ordinance does not apply and may not be enforced.
AB1098,31 3Section 31 . 103.12 (4) of the statutes is created to read:
AB1098,21,74 103.12 (4) Notwithstanding sub. (3), a city, village, town, or county may enact
5or enforce an ordinance requiring an employer to provide leave benefits to its
6employees, if those benefits are more generous than the leave benefits provided
7under state law.
AB1098,32 8Section 32 . 111.322 (2m) (a) of the statutes is amended to read:
AB1098,21,129 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
10right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34,
11103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
12or 103.64 to 103.82.
AB1098,33 13Section 33 . 111.322 (2m) (b) of the statutes is amended to read:
AB1098,21,1714 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
15held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13,
16103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
17or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB1098,34 18Section 34 . 165.68 (1) (a) 3. of the statutes is repealed and recreated to read:
AB1098,21,2119 165.68 (1) (a) 3. Conduct that is in violation of s. 940.225, 944.30 (1m), 948.02,
20948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that is in
21violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB1098,31 22Section 31. 227.03 (2) of the statutes is amended to read:
AB1098,22,223 227.03 (2) Except as provided in s. ss. 103.105 (8) and (9) and 108.105, only the
24provisions of this chapter relating to rules are applicable to matters arising out of s.

166.191, 1981 stats., s. 40.65 (2), 289.33, 303.07 (7) or 303.21 or subch. II of ch. 107
2or ch. 102, 108 or 949.
AB1098,35 3Section 35 . Nonstatutory provisions.
Loading...
Loading...