This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
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.
AB1098,22,74 (1) Proposed permanent rules. The department of workforce development
5shall submit in proposed form the rules required under s. 103.105 (12) (c) to the
6legislative council staff under s. 227.15 (1) no later than the first day of the 4th month
7beginning after the effective date of this subsection.
AB1098,22,88 (2) Rule-making exceptions for permanent rules.
AB1098,22,129 (a) Notwithstanding s. 227.135 (2), the department of workforce development
10is not required to present the statement of the scope of the rules required under s.
11103.105 (12) (c) to the department of administration for review by the department
12of administration and approval by the governor.
AB1098,22,1513 (b) Notwithstanding s. 227.185, the department of workforce development is
14not required to present the rules required under s. 103.105 (12) (c) in final draft form
15to the governor for approval.
AB1098,22,1816 (c) Notwithstanding s. 227.137 (2), the department of workforce development
17is not required to prepare an economic impact analysis for the rules required under
18s. 103.105 (12) (c).
AB1098,22,2219 (d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of
20workforce development is not required to submit the proposed rules required under
21s. 103.105 (12) (c) to the small business regulatory review board and is not required
22to prepare a final regulatory flexibility analysis for those rules.
AB1098,23,923 (3) Emergency rules. Using the procedure under s. 227.24, the department of
24workforce development shall promulgate the rules required under s. 103.105 (12) (c)
25for the period before the effective date of the permanent rules promulgated under s.

1103.105 (12) (c) but not to exceed the period authorized under s. 227.24 (1) (c), subject
2to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3),
3the department is not required to provide evidence that promulgating a rule under
4this subsection as an emergency rule is necessary for the preservation of public
5peace, health, safety, or welfare and is not required to provide a finding of an
6emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24
7(1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope
8of the rules promulgated under this subsection or present the rules to the governor
9for approval.
AB1098,36 10Section 36 . Initial applicability.
AB1098,23,1311 (1) Family and medical leave insurance trust fund contributions. Except as
12provided in sub. (3), the treatment of s. 103.105 (8) first applies to wages earned on
13January 1, 2024.
AB1098,23,1714 (2) Family or medical leave insurance benefits eligibility. Except as provided
15in sub. (3), the treatment of s. 103.105 (3) first applies to a period of family leave, as
16defined in s. 103.105 (1) (h), or a period of medical leave, as defined in s. 103.105 (1)
17(L), commencing on January 1, 2025.
AB1098,23,2118 (3) Collective bargaining agreements. This act first applies to an employee
19who is affected by a collective bargaining agreement that contains provisions
20inconsistent with this act on the day on which the collective bargaining agreement
21expires or is extended, modified, or renewed.
AB1098,23,2222 (End)
Loading...
Loading...