SB1-ASA1,22,86 (k) “State annual median wage" means the median hourly wage for all
7occupations in this state in a calendar year, as determined by the bureau of labor
8statistics of the U.S. department of labor, multiplied by 2,080.
SB1-ASA1,22,21 9(2) Election by self-employed individual or small employer. A
10self-employed individual or small employer may elect to be covered under this
11section by filing a written notice of election with the department in a form and
12manner prescribed by the department by rule. An initial election under this
13subsection becomes effective on the date on which the notice of election is filed, shall
14be for a period of not less than 3 years, and may be renewed for subsequent one-year
15periods by the filing of a written notice with the department that the self-employed
16individual or small employer intends to continue coverage under this section. A
17self-employed individual or small employer who elects coverage under this section
18may withdraw that election no earlier than 3 years after the date of the initial
19election or at such other times as the department may prescribe by rule by providing
20notice of that withdrawal to the department not less than 30 days before the
21expiration date of the election.
SB1-ASA1,22,25 22(3) Eligibility for benefits. (a) Except as otherwise provided in sub. (6), a
23covered individual who is on family leave or medical leave is eligible to receive family
24or medical leave insurance benefits in the amount specified in sub. (4) and for the
25duration specified in sub. (5).
SB1-ASA1,23,12
1(b) To receive family or medical leave insurance benefits, a covered individual
2shall file a claim for those benefits within the time and in the manner that the
3department prescribes by rule. On receipt of a claim for family or medical leave
4insurance benefits, the department may request from the individual's employer or
5from the self-employed individual any information necessary for the department to
6determine the individual's eligibility for those benefits and the amount and duration
7of those benefits. The employer or self-employed individual shall provide that
8information to the department within the time and in the manner that the
9department prescribes by rule. If the department determines that a covered
10individual is eligible to receive family or medical leave insurance benefits, the
11department shall provide those benefits to the individual as provided in subs. (4) and
12(5).
SB1-ASA1,23,15 13(4) Amount of benefits. Except as provided in sub. (6), the amount of family
14or medical leave insurance benefits payable for a week shall be based upon the
15covered individual's average weekly earnings, as follows:
SB1-ASA1,23,1916 (a) For the amount of the covered individual's average weekly earnings that are
17less than 50 percent of the state annual median wage in the calendar year before the
18covered individual's application year, 90 percent of the covered individual's average
19weekly earnings.
SB1-ASA1,23,2320 (b) For the amount of the covered individual's average weekly earnings that are
21more than or equal to 50 percent of the state annual median wage in the calendar
22year before the covered individual's application year, 50 percent of the covered
23individual's average weekly earnings.
SB1-ASA1,24,2 24(5) Duration of benefits. The maximum number of weeks for which family or
25medical leave insurance benefits are payable in an application year is 12 weeks. A

1covered individual may be paid family or medical leave insurance benefits
2continuously, or at the option of the covered individual, intermittently.
SB1-ASA1,24,10 3(6) Employer exemption from participation in paid family and medical leave
4benefits insurance program.
(a) If an employer provides family and medical leave
5benefits that are identical to or more generous than benefits provided under this
6section, the employer may elect to not participate in the paid family and medical
7leave benefits insurance program under this section. If the department grants an
8exemption under this subsection, the employer shall pay benefits that are at least
9identical to benefits under this section, and an employee is entitled to be paid those
10benefits.
SB1-ASA1,24,1511 (b) An employer that elects to not participate in the paid family and medical
12leave benefits insurance program under this section shall request an exemption from
13the department in writing, in the manner prescribed by the department. An
14exemption from participation is not effective until approved by the department in
15writing.
SB1-ASA1,24,1816 (c) The department may grant a written exemption from participation to an
17employer who complies with this subsection and all rules promulgated by the
18department under par. (g).
SB1-ASA1,24,2219 (d) The department may withdraw its written exemption order granted under
20par. (c) if the department determines that an employer is not providing paid family
21and medical leave benefits to employees that are at least identical to those provided
22under this section.
SB1-ASA1,25,723 (e) If an employee believes that his or her employer that has an exemption
24under this subsection has violated the employee's right to paid family and medical
25leave benefits identical to those provided under this section, the employee may file

1a complaint with the department alleging the violation, and the department shall
2process the complaint in the same manner as complaints filed under s. 103.10 (12)
3(b) are processed. If the department finds that an employer has violated this
4subsection, the department may order the employer to take action to remedy the
5violation, including providing the paid family and medical leave benefits, and,
6notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the
7employee.
SB1-ASA1,25,128 (f) After the completion of an administrative proceeding under par. (e),
9including judicial review, an employee or the department may bring an action in
10circuit court against an employer to recover damages caused by a violation of this
11subsection. Section 103.10 (13) (b) applies to the commencement of an action under
12this paragraph.
SB1-ASA1,25,1313 (g) The department shall promulgate rules to implement this subsection.
SB1-ASA1,25,16 14(7) Federal tax treatment of benefits. With respect to the federal income
15taxation of family or medical leave insurance benefits, the department shall do all
16of the following:
SB1-ASA1,25,2217 (a) At the time an individual files a claim for those benefits, advise the
18individual that those benefits may be subject to federal income taxation, that
19requirements exist under federal law pertaining to estimated tax payments, and
20that the individual may elect to have federal income taxes withheld from the
21individual's benefit payments and may change that election not more than one time
22in an application year.
SB1-ASA1,26,223 (b) Allow the individual to elect to have federal income tax deducted and
24withheld from the individual's benefit payments, allow the individual to change that

1election not more than one time in an application year, and deduct and withhold that
2tax in accordance with the individual's election as provided under 26 USC 3402.
SB1-ASA1,26,53 (c) Upon making a deduction under par. (b), transfer the amount deducted from
4the family and medical leave benefits insurance trust fund to the federal internal
5revenue service.
SB1-ASA1,26,86 (d) In deducting and withholding federal income taxes from an individual's
7benefit payments, follow all procedures specified by the federal internal revenue
8service pertaining to the deducting and withholding of federal income tax.
SB1-ASA1,26,14 9(8) Family and medical leave benefits insurance trust fund. (a) The
10department shall determine the amount of the required contribution by each
11employee, self-employed individual who elects coverage under sub. (2), and each
12employer. The required contribution shall be based on the employee's wages or the
13self-employed individual's earnings. The required contribution for an employee
14shall be equally shared between each employee and the employee's employer.
SB1-ASA1,26,1615 (b) Each employer shall withhold from the wages of its employees the amount
16determined by the department under this subsection.
SB1-ASA1,26,2217 (c) The department shall promulgate rules to establish procedures for filing
18wage reports and collecting the contributions withheld by employers and
19employer-required contributions under par. (a). The department may utilize the
20quarterly wage reports submitted under s. 108.205 in lieu of separate contribution
21reports and may utilize the procedures for collecting contributions that apply to the
22collection of contributions to the unemployment reserve fund under s. 108.17.
SB1-ASA1,27,223 (cm) The department shall promulgate rules providing for a right to a hearing
24in cases involving the liability of employers for contributions under this subsection.

1The department's decisions shall be subject to the rights and procedures for
2contested cases under ch. 227.
SB1-ASA1,27,43 (d) The department shall collect contributions from self-employed individuals
4pursuant to procedures established by the department under sub. (12) (b).
SB1-ASA1,27,65 (e) The department shall deposit contributions received under this subsection
6in the family and medical leave benefits insurance trust fund.
SB1-ASA1,27,117 (f) The department shall use moneys deposited in the family and medical leave
8benefits insurance trust fund to pay benefits under sub. (3), to refund amounts
9erroneously paid by employers, and to pay for the administration of the family and
10medical leave benefits insurance program under this section and for no other
11purpose.
SB1-ASA1,27,18 12(9) Denial of claims; overpayments. (a) The department shall promulgate
13rules providing for a right to a hearing in cases of disputes involving an individual's
14eligibility for benefits or status as a covered individual under this section. The
15department's decisions shall be subject to the rights and procedures for contested
16cases under ch. 227. To the extent necessary and practical, the department may
17prescribe procedures in conjunction with any rules promulgated for administrative
18proceedings under ss. 103.10 (12) and 103.11 (12).
SB1-ASA1,27,2319 (b) 1. If the department pays family or medical leave insurance benefits to an
20individual erroneously or as a result of willful misrepresentation, the individual's
21liability to reimburse the fund for the overpayment may be set forth in a
22determination that is subject to review under par. (a). The department may prescribe
23procedures for waiver of overpayments.