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SB1064,15 14Section 15 . 103.10 (1) (gr) of the statutes is created to read:
SB1064,7,1615 103.10 (1) (gr) “Sibling" means a brother, sister, half brother, half sister,
16stepbrother, or stepsister, whether by blood, marriage, foster status, or adoption.
SB1064,16 17Section 16. 103.10 (1) (j) of the statutes is created to read:
SB1064,7,1918 103.10 (1) (j) “Stalking” means to engage in a course of conduct, as defined in
19s. 940.32 (1) (a), that meets the criteria of s. 940.32 (2) (a).
SB1064,17 20Section 17 . 103.10 (1m) of the statutes is repealed.
SB1064,18 21Section 18 . 103.10 (3) (a) 1. of the statutes is amended to read:
SB1064,7,2322 103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 12
23weeks of family leave under par. (b) 1. and, 2., and 4. to 8.
SB1064,19 24Section 19. 103.10 (3) (a) 3. of the statutes is amended to read:
SB1064,8,2
1103.10 (3) (a) 3. In a 12-month period no employee may take more than 8 14
2weeks of family leave for any combination of reasons specified under par. (b).
SB1064,20 3Section 20. 103.10 (3) (b) 1. of the statutes is amended to read:
SB1064,8,54 103.10 (3) (b) 1. The birth of the employee's natural child, if the leave begins
5within 16 52 weeks of the child's birth.
SB1064,21 6Section 21. 103.10 (3) (b) 2. of the statutes is amended to read:
SB1064,8,107 103.10 (3) (b) 2. The placement of a child with the employee for adoption or as
8a precondition to adoption under s. 48.90 (2), but not both, or for foster care, including
9pre-placement activities,
if the leave begins within 16 52 weeks of the child's
10placement.
SB1064,22 11Section 22 . 103.10 (3) (b) 3. of the statutes is amended to read:
SB1064,8,1412 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or
13parent, family member if the child, spouse, domestic partner, or parent family
14member
has a serious health condition.
SB1064,23 15Section 23 . 103.10 (3) (b) 4. of the statutes is created to read:
SB1064,8,1916 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the
17department by rule, arising out of the fact that the family member of the employee
18is on covered active duty or has been notified of an impending call or order to covered
19active duty.
SB1064,24 20Section 24. 103.10 (3) (b) 5. of the statutes is created to read:
SB1064,8,2521 103.10 (3) (b) 5. Because the employee or the employee's family member is the
22victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
23to seek medical attention or obtain psychological or other counseling for the
24employee or the employee's family member to recover from any health condition
25caused by domestic abuse, sexual abuse, or stalking.
SB1064,25
1Section 25. 103.10 (3) (b) 6. of the statutes is created to read:
SB1064,9,62 103.10 (3) (b) 6. Because the employee or the employee's family member is the
3victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
4to obtain services for the employee or the employee's family member from an
5organization that provides services to victims of domestic abuse, sexual abuse, or
6stalking.
SB1064,26 7Section 26. 103.10 (3) (b) 7. of the statutes is created to read:
SB1064,9,118 103.10 (3) (b) 7. Because the employee or the employee's family member is the
9victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
10to relocate the residence of the employee or the employee's family member due to
11domestic abuse, sexual abuse, or stalking.
SB1064,27 12Section 27. 103.10 (3) (b) 8. of the statutes is created to read:
SB1064,9,1613 103.10 (3) (b) 8. Because the employee or the employee's family member is the
14victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
15to initiate, prepare for, or testify, assist, or otherwise participate in any civil or
16criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.
SB1064,28 17Section 28 . 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB1064,9,2218 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the
19planned medical treatment or supervision of a child, spouse, domestic partner, or
20parent family member or intends to take medical leave because of the planned
21medical treatment or supervision of the employee, the employee shall do all of the
22following:
SB1064,29 23Section 29 . 103.10 (6) (b) 1. of the statutes is amended to read:
SB1064,9,2524 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
25or supervision so that it does not unduly disrupt the employer's operations, subject

1to the approval of the health care provider of the child, spouse, domestic partner,
2parent,
family member or employee.
SB1064,30 3Section 30 . 103.10 (6) (c) of the statutes is created to read:
SB1064,10,84 103.10 (6) (c) If an employee intends to take leave under sub. (3) (b) 4. that is
5foreseeable because the family member of the employee is on covered active duty or
6has been notified of an impending call or order to covered active duty, the employee
7shall provide notice of that intention to the employer in a reasonable and practicable
8manner.
SB1064,31 9Section 31 . 103.10 (7) (a) of the statutes is amended to read:
SB1064,10,1410 103.10 (7) (a) If an employee requests family leave for a reason described in sub.
11(3) (b) 3. or requests medical leave, the employer may require the employee to provide
12certification, as described in par. (b), issued by the health care provider or Christian
13Science practitioner of the child, spouse, domestic partner, parent, family member
14or employee, whichever is appropriate.
SB1064,32 15Section 32 . 103.10 (7) (b) (intro.) of the statutes is amended to read:
SB1064,10,1716 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
17stating more than the following:
SB1064,33 18Section 33 . 103.10 (7) (b) 1. of the statutes is amended to read:
SB1064,10,2019 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, family
20member
or employee has a serious health condition.
SB1064,34 21Section 34 . 103.10 (7) (d) of the statutes is created to read:
SB1064,11,222 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
23may require the employee to provide certification that the family member of the
24employee is on covered active duty or has been notified of an impending call or order
25to covered active duty issued at such time and in such manner as the department may

1prescribe by rule, and the employee shall provide a copy of that certification to the
2employer in a timely manner.
SB1064,35 3Section 35. 103.10 (8m) of the statutes is created to read:
SB1064,11,74 103.10 (8m) Self-attestation for victim of domestic abuse, sexual abuse, or
5stalking.
If an employee requests leave under sub. (3) (b) 5. to 8., the employer may
6require the employee to provide a self-attestation that the employee or the
7employee's family member is the victim of domestic abuse, sexual abuse, or stalking.
SB1064,36 8Section 36. 103.10 (11) (d) of the statutes is created to read:
SB1064,11,119 103.10 (11) (d) No employer may consider leave taken under this section as an
10absence that may lead to or result in discipline, discharge, demotion, suspension, or
11any other adverse action against an employee.
SB1064,37 12Section 37 . 103.10 (12) (c) of the statutes is amended to read:
SB1064,11,1913 103.10 (12) (c) If 2 or more health care providers disagree about any of the
14information required to be certified under sub. (7) (b), the department may appoint
15another health care provider to examine the child, spouse, domestic partner, parent,
16family member or employee and render an opinion as soon as possible. The
17department shall promptly notify the employee and the employer of the
18appointment. The employer and the employee shall each pay 50 percent of the cost
19of the examination and opinion.
SB1064,38 20Section 38. 103.10 (14) (a) of the statutes is amended to read:
SB1064,12,321 103.10 (14) (a) Each employer shall post, in one or more conspicuous places
22where notices to employees are customarily posted, a notice in a form approved by
23the department setting forth employees' rights under this section. Each employer
24shall provide such a written notice to each employee upon hiring and annually
25thereafter, when an employee requests leave, and when the employer learns that an

1employee's leave request may be for family or medical leave under this section.
Any
2employer who violates this subsection shall forfeit not more than $100 for each
3offense.
SB1064,39 4Section 39 . 103.10 (14) (b) of the statutes is repealed.
SB1064,40 5Section 40. 103.10 (14) (c) and (d) of the statutes are created to read:
SB1064,12,76 103.10 (14) (c) The notice required under this subsection shall include all of the
7following:
SB1064,12,88 1. An employee's right to family or medical leave under this section.
SB1064,12,99 2. The amount of family or medical leave generally available for employees.
SB1064,12,1010 3. The procedure for requesting family or medical leave.
SB1064,12,1211 4. The prohibition on discriminatory or retaliatory personnel actions against
12a person for requesting or taking family or medical leave.
SB1064,12,1313 5. An employee's right to file a complaint for violations of this section.
SB1064,12,1714 (d) The notice required under this subsection shall be provided in English, the
15language typically used in communications between the employer and an individual
16employee, and any other language that is the primary language of at least 20 percent
17of employees at a workplace.
SB1064,41 18Section 41 . 103.105 of the statutes is created to read:
SB1064,12,20 19103.105 Family and medical leave insurance program. (1) Definitions.
20In this section:
SB1064,12,2321 (a) “Application year" means the 12-month period beginning on the first day
22of the first calendar week for which family or medical leave insurance benefits are
23claimed by a covered individual.
SB1064,13,3
1(b) “Average weekly earnings" means one-thirteenth of the earnings from the
2quarter of a covered individual's base period in which the individual's earnings were
3the highest.
SB1064,13,54 (c) “Base period” means the period that is used to compute a covered
5individual's benefit rights under this section consisting of one of the following:
SB1064,13,76 1. The first 4 of the 5 most recently completed quarters preceding the first day
7of a covered individual's application year.
SB1064,13,108 2. If the first quarter of the 5 most recently completed quarters was included
9in the base period applicable to a covered individual's application year, the last 4
10completed calendar quarters.
SB1064,13,1311 3. If a covered individual does not qualify to receive benefits using the period
12described in subd. 1. or 2., the period consisting of the 4 most recently completed
13quarters preceding the individual's application year.
SB1064,13,1614 (d) “Child" means a natural, adopted, or foster child, a stepchild, the child of
15a domestic partner, a child for whom the covered individual stands or stood in the
16place of a parent, or a legal ward.
SB1064,13,2117 (e) “Covered individual" means an individual who worked for any employer or
18employers and earned at least $1,000 during the base period or a self-employed
19individual who elects coverage under sub. (2), regardless of whether the individual
20is employed or unemployed at the time the individual files an application for family
21or medical leave insurance benefits.
SB1064,13,2222 (f) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).
SB1064,13,2323 (g) “Employee" means an individual employed in this state by an employer.
SB1064,14,324 (h) “Employer" means a person engaging in any activity, enterprise, or business
25in this state. “Employer" includes the state and any office, department, independent

1agency, authority, institution, association, society, or other body in state government
2created or authorized to be created by the constitution or any law, including the
3legislature and the courts.
SB1064,14,64 (i) “Family leave" means leave from employment, self-employment, or
5availability for employment for a reason specified in s. 103.10 (3) (b) 1. to 8. or 103.11
6(4).
SB1064,14,97 (j) “Family or medical leave insurance benefits" means family or medical leave
8insurance benefits payable under this section from the family and medical leave
9insurance trust fund.
SB1064,14,1710 (k) “Family member” means a spouse or domestic partner of a covered
11individual; a parent, child, sibling, brother-in-law, sister-in-law, grandparent,
12stepgrandparent, or grandchild of a covered individual or a covered individual's
13spouse or domestic partner; or any other person who is related by blood, marriage,
14or adoption to a covered individual or to a covered individual's spouse or domestic
15partner or whose close association with the covered individual, spouse, or domestic
16partner makes the person the equivalent of a family member of the covered
17individual, spouse, or domestic partner.
SB1064,14,1818 (L) “Grandchild" means the child of a child.
SB1064,14,1919 (m) “Grandparent" means the parent of a parent.
SB1064,14,2420 (n) “Medical leave” means leave from employment, self-employment, or
21availability for employment when a covered individual has a serious health condition
22that makes the individual unable to perform the individual's employment or
23self-employment duties or makes the individual unable to perform the duties of any
24suitable employment.
SB1064,15,4
1(o) “Parent" means a natural parent, foster parent, adoptive parent,
2stepparent, legal guardian of a covered individual or a covered individual's spouse
3or domestic partner, or individual who stood in the place of a parent when the covered
4individual or the covered individual's spouse or domestic partner was a minor.
SB1064,15,75 (p) “Self-employed individual” means a sole proprietor, independent
6contractor, partner of a partnership, member of a limited liability company, or other
7self-employed individual engaged in a vocation, profession, or business in this state.
SB1064,15,88 (q) “Serious health condition" has the meaning given in s. 103.10 (1) (g).
SB1064,15,109 (r) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or
10stepsister, whether by blood, marriage, adoption, or foster relationship.
SB1064,15,1111 (s) “Spouse" means a covered individual's legal husband or wife.
SB1064,15,23 12(2) Election by self-employed individual. A self-employed individual may
13elect to be covered under this section by filing a written notice of election with the
14department in a form and manner prescribed by the department by rule. An initial
15election under this subsection becomes effective on the date on which the notice of
16election is filed, shall be for a period of not less than 3 years, and may be renewed for
17subsequent one-year periods by the filing of a written notice with the department
18that the self-employed individual intends to continue coverage under this section.
19A self-employed individual who elects coverage under this section may withdraw
20that election no earlier than 3 years after the date of the initial election or at such
21other times as the department may prescribe by rule by providing notice of that
22withdrawal to the department not less than 30 days before the expiration date of the
23election.
SB1064,16,4 24(3) Eligibility for benefits. (a) A covered individual who is on family or
25medical leave is eligible to receive family or medical leave insurance benefits in the

1amount specified in sub. (4) and for the duration specified in sub. (5). No family or
2medical leave insurance benefits are payable for any period of family or medical leave
3for which a covered individual is receiving unemployment insurance benefits under
4ch. 108 or worker's compensation benefits under ch. 102 for a total disability.
SB1064,16,205 (b) To receive family or medical leave insurance benefits, a covered individual
6shall file a claim for those benefits not more than 60 days before the anticipated start
7date of family or medical leave and not more than 90 days after the start date in the
8manner that the department prescribes by rule. The department may waive the
990-day deadline for good cause. On receipt of a claim for family or medical leave
10insurance benefits, the department may request from the employee's employer or
11from the self-employed individual any information necessary for the department to
12determine the individual's eligibility for those benefits and the amount and duration
13of those benefits. The employer or self-employed individual shall provide that
14information to the department within the time and in the manner that the
15department prescribes by rule. A covered individual is not required to provide exact
16dates of leave on an application for benefits, and the department may modify benefits
17amounts through a claims modification process. If the department determines that
18a covered individual is eligible to receive family or medical leave insurance benefits,
19the department shall provide those benefits to the individual as provided in subs. (4)
20to (6).
SB1064,16,24 21(4) Amount of benefits. (a) For the purposes of this subsection, average
22weekly earnings shall be calculated as set forth in s. 102.11 (1). Subject to pars. (b)
23and (c), the amount of family or medical leave insurance benefits for a week of leave
24for which those benefits are payable is as follows:
SB1064,17,3
11. For the amount of the covered individual's average weekly earnings that are
2up to 50 percent of the state average weekly earnings as determined under s. 108.05,
390 percent of that individual's average weekly earnings.
SB1064,17,64 2. For the amount of the covered individual's average weekly earnings that are
5more than 50 percent of the state average weekly earnings as determined under s.
6108.05, 50 percent of that individual's average weekly earnings.
SB1064,17,117 (b) The amount of family or medical leave insurance benefits for a fractional
8week of leave for which those benefits are payable is one-seventh of the covered
9individual's weekly benefit amount under par. (a), multiplied by the number of days
10of leave taken that week. Family or medical leave insurance benefits are not payable
11for a period of leave of less than one day in duration.
SB1064,17,1512 (c) The maximum weekly benefit amount of a covered individual's family or
13medical leave insurance benefits is the state average weekly earnings, as determined
14under s. 108.05. The department shall annually have the maximum amount of the
15weekly benefit published in the Wisconsin Administrative Register.
SB1064,17,2116 (d) Subject to the maximum amount provided under this subsection, the benefit
17amount for a covered individual shall be based on the proportion of the covered
18individual's typical workweek spent at the employment from which the covered
19individual is taking family or medical leave. A covered individual who has more than
20one employer and who is receiving benefits based on the individual's employment
21with one employer may continue to work and receive pay from another employer.
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