SB1064,,145 (12) Enforcement. (a) Any individual who believes that his or her rights under this section have been interfered with, restrained, or denied in violation of sub. (11) (a) or that he or she has been discharged or otherwise discriminated against in violation of sub. (11) (b) may, within 60 days after the violation occurs or the individual should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation, and 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 an employer has violated sub. (11) (a) to (c), the department may order the employer to take action to remedy the violation, including providing the requested family or medical leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the complainant.

SB1064,,146 (b) After the completion of an administrative proceeding under par. (a), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (11) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

SB1064,,147 (13) Administration. The department shall administer the family and medical leave insurance program under this section. In administering the program, the department shall do all of the following:

SB1064,,148 (a) Establish procedures and forms for filing claims for benefits under this section.

SB1064,,149 (b) Establish procedures and forms for collecting contributions from self-employed individuals.

SB1064,,150 (c) Collect demographic information of claimants.

SB1064,,151 (d) Promulgate rules to implement this section.

SB1064,,152 (e) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section.

SB1064,,153 (f) Conduct a public outreach campaign to inform employers, employees, self-employed individuals, and other covered individuals regarding the family and medical leave insurance program under this section. Information provided under this paragraph shall be provided in English and in any other language customarily spoken by more than 20 percent of the population of this state.

SB1064,,154 (g) By September 1 of each year, submit a report to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) on the family and medical leave insurance program under this section. The report shall include all of the following:

SB1064,,155 1. The projected and actual rates of participation in the program, aggregated by reason for use of the paid leave benefits.

SB1064,,156 2. The premium rates for coverage under the program.

SB1064,,157 3. The current balance and projected balance for the upcoming year in the family and medical leave insurance trust fund under s. 25.52.

SB1064,,158 4. Average duration of paid leave benefits, aggregated by reason for use of the paid leave benefits.

SB1064,,159 5. Average weekly benefit amount.

SB1064,,160 6. Aggregated demographic information about each applicant and covered individual who received benefits in the preceding calendar year, including age, gender, race, ethnicity, primary language, residential zip code, average weekly earnings, occupation, and employment type.

SB1064,,161 7. Number of appeals filed and outcomes of appeals.

SB1064,,162 8. For leave benefits paid to a covered individual who received benefits because of caring for a family member with a serious health condition, the relationship of the family member to the covered individual.

SB1064,,163 9. A description of the department’s outreach efforts under par. (f).

SB1064,,164 (14) Records. Notwithstanding s. 19.35 (1), individual personal information maintained by the department under this section is confidential and not open to public inspection and copying and may be disclosed only as follows:

SB1064,,165 (a) On the request of the individual who is the subject of the information or the individual’s authorized representative, to the individual or representative.

SB1064,,166 (b) With the written permission of the individual who is the subject of the information or the individual’s authorized representative, to a person named in the permission.

SB1064,,167 (c) To a public employee for use in the performance of the public employee’s official duties in the administration of the family and medical leave insurance program under this section.

SB1064,,168 (d) Under a court order or an order of a hearing examiner that is obtained upon prior notice to the department and a showing to the court or hearing examiner that the information is relevant to a pending court or administrative action.

SB1064,,169 (15) Notice posted. (a) 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 provided by the department setting forth employees’ rights under this section. Each employer shall also provide annually thereafter such a written notice individually to each employee upon hiring the employee. Any employer that violates this subsection shall forfeit not more than $100 for each violation.

SB1064,,170 (b) The notice required under this section shall include all of the following:

SB1064,,171 1. An employee’s right to family or medical leave insurance benefits under this section.

SB1064,,172 2. The amount of family or medical leave insurance benefits generally available for each employee.

SB1064,,173 3. The procedure for filing a claim for benefits.