AB43: Bill Text

AB43,,4704 (a) Educate employers, employees, nonemployees, and the public about the proper classification of persons performing services for an employer as employees and nonemployees. The department shall establish and maintain on the department’s website information regarding worker classification laws, requirements for employers and employees, penalties for noncompliance, and contact information at each state agency that administers worker classification laws.

AB43,1785 Section 1785. 103.06 (10) (f) of the statutes is created to read:

AB43,,4706 103.06 (10) (f) Design and make available to employers a notice regarding worker classification laws, requirements for employers and employees, and penalties for noncompliance. The department shall promulgate rules to implement this paragraph.

AB43,1786 Section 1786. 103.06 (11) of the statutes is created to read:

AB43,,4708 103.06 (11) Notice. All employers shall post, in one or more conspicuous places where notices to employees are customarily posted, the notice designed by the department under sub. (10) (f). Any employer who violates this subsection shall forfeit not more than $100 for each offense.

AB43,1787 Section 1787. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB43,,4710 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:.

AB43,1788 Section 1788. 103.10 (1) (a) 1. of the statutes is repealed.

AB43,1789 Section 1789. 103.10 (1) (a) 2. of the statutes is repealed.

AB43,1790 Section 1790. 103.10 (1) (ap) of the statutes is created to read:

AB43,,4714 103.10 (1) (ap) “Covered active duty” means any of the following:

AB43,,4715 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.

AB43,,4716 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).

AB43,1791 Section 1791. 103.10 (1) (b) of the statutes is amended to read:

AB43,,4718 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.

AB43,1792 Section 1792. 103.10 (1) (dm) of the statutes is created to read:

AB43,,4720 103.10 (1) (dm) “Grandchild” means the child of a child.

AB43,1793 Section 1793. 103.10 (1) (dp) of the statutes is created to read:

AB43,,4722 103.10 (1) (dp) “Grandparent” means the parent of a parent.

AB43,1794 Section 1794. 103.10 (1) (em) of the statutes is created to read:

AB43,,4724 103.10 (1) (em) “Medical isolation” means any of the following:

AB43,,4725 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.

AB43,,4726 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB43,,4727 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.

AB43,1795 Section 1795. 103.10 (1) (gm) of the statutes is created to read:

AB43,,4729 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB43,1796 Section 1796. 103.10 (1) (h) of the statutes is amended to read:

AB43,,4731 103.10 (1) (h) “Spouse” means an employee’s legal husband or wife the person to whom an employee is legally married.

AB43,1797 Section 1797. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

AB43,1798 Section 1798. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

AB43,1799 Section 1799. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

AB43,1800 Section 1800. 103.10 (2) (c) of the statutes is amended to read:

AB43,,4736 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.

AB43,1801 Section 1801. 103.10 (3) (a) of the statutes is repealed.

AB43,1802 Section 1802. 103.10 (3) (b) 3. of the statutes is amended to read:

AB43,,4739 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.

AB43,1803 Section 1803. 103.10 (3) (b) 4. of the statutes is created to read:

AB43,,4741 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.

AB43,1804 Section 1804. 103.10 (3) (b) 5. of the statutes is created to read:

AB43,,4743 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.”

AB43,1805 Section 1805. 103.10 (3) (b) 6. of the statutes is created to read:

AB43,,4745 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.

AB43,1806 Section 1806. 103.10 (3) (b) 7. of the statutes is created to read:

AB43,,4747 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.

AB43,1807 Section 1807. 103.10 (4) (a) of the statutes is amended to read:

AB43,,4749 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.

AB43,1808 Section 1808. 103.10 (4) (b) of the statutes is repealed.

AB43,1809 Section 1809. 103.10 (4m) of the statutes is created to read:

AB43,,4752 103.10 (4m) Duration of leave. In a 12-month period, no employee may take more than 12 weeks of family leave for any combination of reasons specified under sub. (3) or (4).

AB43,1810 Section 1810. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB43,,4754 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:

AB43,1811 Section 1811. 103.10 (6) (b) 1. of the statutes is amended to read:

AB43,,4756 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.

AB43,1812 Section 1812. 103.10 (6) (c) of the statutes is created to read:

AB43,,4758 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.

AB43,1813 Section 1813. 103.10 (7) (a) of the statutes is amended to read:

AB43,,4760 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.

AB43,1814 Section 1814. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB43,,4762 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB43,1815 Section 1815. 103.10 (7) (b) 1. of the statutes is amended to read:

AB43,,4764 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

AB43,1816 Section 1816. 103.10 (7) (cm) of the statutes is created to read:

AB43,,4766 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.

AB43,1817 Section 1817. 103.10 (7) (d) of the statutes is created to read:

AB43,,4768 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.

AB43,1818 Section 1818. 103.10 (7) (e) of the statutes is created to read:

AB43,,4770 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.

AB43,1819 Section 1819. 103.10 (7) (f) of the statutes is created to read:

AB43,,4772 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.

AB43,,4773 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.

AB43,1820 Section 1820. 103.10 (7) (g) of the statutes is created to read:

AB43,,4775 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.

AB43,1821 Section 1821. 103.10 (10) of the statutes is amended to read:

AB43,,4777 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.

AB43,1822 Section 1822. 103.10 (12) (b) of the statutes is amended to read:

AB43,,4779 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.

AB43,1823 Section 1823. 103.10 (12) (c) of the statutes is amended to read:

AB43,,4781 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.

AB43,1824 Section 1824. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

AB43,1825 Section 1825. 103.10 (14) (b) of the statutes is repealed.

AB43,1826 Section 1826. 103.105 of the statutes is created to read:

AB43,,4785 103.105 Family and medical leave benefits insurance program. (1) Definitions. In this section:

AB43,,4786 (a) “Application year” means the 12-month period beginning on the first day of the first calendar week for which family or medical leave insurance benefits are claimed by a covered individual.

AB43,,4787 (b) “Average weekly earnings” means one-thirteenth of the wages paid to an employee during the last completed calendar quarter prior to the covered individual’s date of eligibility for benefits under this section and includes all sick, holiday, vacation, and termination pay that is paid directly by an employer to an employee at the employee’s usual rate of pay during his or her last completed calendar quarter as a result of employment for an employer and any total or partial disability payments under ch. 102 or a federal law that provides for payments on account of a work-related injury or illness. For self-employed individuals, “average weekly earnings” means one fifty-second of the gross income reported as income to the federal internal revenue service in the most recent tax year in which the individual filed taxes prior to the individual’s date of eligibility for benefits under this section.

AB43,,4788 (c) “Covered individual” means an employee who satisfies s. 103.10 (2) (c), or a self-employed individual who elects coverage under sub. (2), regardless of whether the individual is employed or unemployed at the time the individual files an application for family or medical leave insurance benefits.

AB43,,4789 (d) “Employee” has the meaning given in s. 103.10 (1) (b).

AB43,,4790 (e) “Employer” has the meaning given in s. 103.10 (1) (c).

AB43,,4791 (f) “Family leave” means an individual’s leave from employment, self-employment, or availability for employment for a reason specified in s. 103.10 (3) (b) 1. to 7. or 103.11 (4).

AB43,,4792 (g) “Family or medical leave insurance benefits” means benefits payable under this section from the family and medical leave benefits insurance trust fund.