AB50: Bill Text

AB50,866,21 (6) Denial of benefits; appeals. An employer or an insurer that provides benefits under a policy under sub. (4) shall provide an employee with the reason for a denial for a claim for leave benefits whether in whole or in part, with information for the employee to file an appeal with the department. An employee whose claim for leave benefits under this section has been denied in whole or in part by their employer or their employer’s insurer may file a complaint with the department after receiving a final denial from their employer or their employer’s insurer. The department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that the employer or insurer should have paid leave benefits, the department may order the employer or insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay reasonable actual attorney fees to the employee.

AB50,866,23 (7) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB50,867,4 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB50,867,8 (c) No collective bargaining agreement or employer policy may diminish or abridge an employee’s rights under this section. Any agreement purporting to waive or modify an employee’s rights under this section is void as against public policy and unenforceable.

AB50,867,13 (8) Notice posted. Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. Any employer that violates this subsection shall forfeit not more than $100 for each violation.

AB50,867,14 (9) Rules. The department shall promulgate rules to implement this section.

AB50,1628 Section 1628. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB50,867,18 103.10 (1) (a) “Child” means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies:.

AB50,1629 Section 1629. 103.10 (1) (a) 1. of the statutes is repealed.

AB50,1630 Section 1630. 103.10 (1) (a) 2. of the statutes is repealed.

AB50,1631 Section 1631. 103.10 (1) (ap) of the statutes is created to read:

AB50,867,22 103.10 (1) (ap) “Covered active duty” means any of the following:

AB50,868,2 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.

AB50,868,6 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).

AB50,1632 Section 1632. 103.10 (1) (b) of the statutes is amended to read:

AB50,868,11 103.10 (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.

AB50,1633 Section 1633. 103.10 (1) (dm) of the statutes is created to read:

AB50,868,13 103.10 (1) (dm) “Grandchild” means the child of a child.

AB50,1634 Section 1634. 103.10 (1) (dp) of the statutes is created to read:

AB50,868,15 103.10 (1) (dp) “Grandparent” means the parent of a parent.

AB50,1635 Section 1635. 103.10 (1) (em) of the statutes is created to read:

AB50,868,17 103.10 (1) (em) “Medical isolation” means any of the following:

AB50,868,21 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.

AB50,868,23 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB50,869,3 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.

AB50,1636 Section 1636. 103.10 (1) (gm) of the statutes is created to read:

AB50,869,6 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB50,1637 Section 1637. 103.10 (1) (h) of the statutes is amended to read:

AB50,869,9 103.10 (1) (h) “Spouse” means an employee’s legal husband or wife the person to whom an employee is legally married.

AB50,1638 Section 1638. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

AB50,1639 Section 1639. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

AB50,1640 Section 1640. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

AB50,1641 Section 1641. 103.10 (2) (c) of the statutes is amended to read:

AB50,869,18 103.10 (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.

AB50,1642 Section 1642. 103.10 (3) (a) of the statutes is repealed.

AB50,1643 Section 1643. 103.10 (3) (b) 3. of the statutes is amended to read:

AB50,869,23 103.10 (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.

AB50,1644 Section 1644. 103.10 (3) (b) 4. of the statutes is created to read:

AB50,870,5 103.10 (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.

AB50,1645 Section 1645. 103.10 (3) (b) 5. of the statutes is created to read:

AB50,870,10 103.10 (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.”

AB50,1646 Section 1646. 103.10 (3) (b) 6. of the statutes is created to read:

AB50,870,14 103.10 (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.

AB50,1647 Section 1647. 103.10 (3) (b) 7. of the statutes is created to read:

AB50,870,18 103.10 (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.

AB50,1648 Section 1648. 103.10 (4) (a) of the statutes is amended to read:

AB50,870,23 103.10 (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.

AB50,1649 Section 1649. 103.10 (4) (b) of the statutes is repealed.

AB50,1650 Section 1650. 103.10 (4m) of the statutes is created to read:

AB50,871,5 103.10 (4m) Duration of leave. In a 12-month period, no employee may take more than 8 weeks of leave for any combination of reasons specified under sub. (3) or (4).

AB50,1651 Section 1651. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB50,871,11 103.10 (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:

AB50,1652 Section 1652. 103.10 (6) (b) 1. of the statutes is amended to read:

AB50,871,16 103.10 (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.

AB50,1653 Section 1653. 103.10 (6) (c) of the statutes is created to read:

AB50,871,23 103.10 (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.

AB50,1654 Section 1654. 103.10 (7) (a) of the statutes is amended to read:

AB50,872,7 103.10 (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.

AB50,1655 Section 1655. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB50,872,10 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB50,1656 Section 1656. 103.10 (7) (b) 1. of the statutes is amended to read:

AB50,872,13 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

AB50,1657 Section 1657. 103.10 (7) (cm) of the statutes is created to read:

AB50,872,18 103.10 (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.

AB50,1658 Section 1658. 103.10 (7) (d) of the statutes is created to read:

AB50,873,3 103.10 (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.

AB50,1659 Section 1659. 103.10 (7) (e) of the statutes is created to read:

AB50,873,10 103.10 (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.

AB50,1660 Section 1660. 103.10 (7) (f) of the statutes is created to read:

AB50,873,22 103.10 (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.

AB50,874,3 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.

AB50,1661 Section 1661. 103.10 (7) (g) of the statutes is created to read:

AB50,874,9 103.10 (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.

AB50,1662 Section 1662. 103.10 (10) of the statutes is amended to read:

AB50,874,16 103.10 (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.

AB50,1663 Section 1663. 103.10 (12) (b) of the statutes is amended to read:

AB50,875,4 103.10 (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.

AB50,1664 Section 1664. 103.10 (12) (c) of the statutes is amended to read:

AB50,875,12 103.10 (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.

AB50,1665 Section 1665. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

AB50,1666 Section 1666. 103.10 (14) (b) of the statutes is repealed.

AB50,1667 Section 1667. 103.12 of the statutes is repealed.

AB50,1668 Section 1668. 103.165 (3) (a) 3. of the statutes is amended to read:

AB50,875,18 103.165 (3) (a) 3. The decedent’s father or mother parent or parents if the decedent leaves no surviving spouse, domestic partner under ch. 770, or children.

AB50,1669 Section 1669. 103.36 of the statutes is repealed.

AB50,1670 Section 1670. 103.44 of the statutes is created to read:

AB50,875,23 103.44 Compensation included in job postings. In each job posting seeking applicants that is made by an employer, the employer shall include the compensation for the position.

AB50,1671 Section 1671. 103.49 of the statutes is created to read:

AB50,876,2 103.49 Wage rate on state work. (1) Definitions. In this section: