SB1,,182 (c) Upon making a deduction under par. (b), transfer the amount deducted from the family and medical leave benefits insurance trust fund to the federal internal revenue service.

SB1,,183 (d) In deducting and withholding federal income taxes from an individual’s benefit payments, follow all procedures specified by the federal internal revenue service pertaining to the deducting and withholding of federal income tax.

SB1,,184 (8) Family and medical leave benefits insurance trust fund. (a) The department shall determine the amount of the required contribution by each employee, self-employed individual who elects coverage under sub. (2), and each employer. The required contribution shall be based on the employee’s wages or the self-employed individual’s earnings. The required contribution for an employee shall be equally shared between each employee and the employee’s employer.

SB1,,185 (b) Each employer shall withhold from the wages of its employees the amount determined by the department under this subsection.

SB1,,186 (c) The department shall promulgate rules to establish procedures for filing wage reports and collecting the contributions withheld by employers and employer-required contributions under par. (a). The department may utilize the quarterly wage reports submitted under s. 108.205 in lieu of separate contribution reports and may utilize the procedures for collecting contributions that apply to the collection of contributions to the unemployment reserve fund under s. 108.17.

SB1,,187 (cm) The department shall promulgate rules providing for a right to a hearing in cases involving the liability of employers for contributions under this subsection. The department’s decisions shall be subject to the rights and procedures for contested cases under ch. 227.

SB1,,188 (d) The department shall collect contributions from self-employed individuals pursuant to procedures established by the department under sub. (12) (b).

SB1,,189 (e) The department shall deposit contributions received under this subsection in the family and medical leave benefits insurance trust fund.

SB1,,190 (f) The department shall use moneys deposited in the family and medical leave benefits insurance trust fund to pay benefits under sub. (3), to refund amounts erroneously paid by employers, and to pay for the administration of the family and medical leave benefits insurance program under this section and for no other purpose.

SB1,,191 (9) Denial of claims; overpayments. (a) The department shall promulgate rules providing for a right to a hearing in cases of disputes involving an individual’s eligibility for benefits or status as a covered individual under this section. The department’s decisions shall be subject to the rights and procedures for contested cases under ch. 227. To the extent necessary and practical, the department may prescribe procedures in conjunction with any rules promulgated for administrative proceedings under ss. 103.10 (12) and 103.11 (12).

SB1,,192 (b) 1. If the department pays family or medical leave insurance benefits to an individual erroneously or as a result of willful misrepresentation, the individual’s liability to reimburse the fund for the overpayment may be set forth in a determination that is subject to review under par. (a). The department may prescribe procedures for waiver of overpayments.

SB1,,193 2. To recover any overpayment to a covered individual that is not otherwise repaid or the recovery of which has not been waived, the department may recoup the amount of the overpayment by, in addition to its other remedies, deducting the amount of the overpayment from benefits the individual would otherwise be eligible to receive.

SB1,,194 3. The department may establish other procedures for recovering overpayments and may utilize procedures under ch. 108, including the department’s remedies for collecting overpayments under ss. 108.22 and 108.225, subject to rules promulgated by the department.

SB1,,195 4. The department may not collect any interest on any benefit overpayment.

SB1,,196 (10) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

SB1,,197 (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.

SB1,,198 (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.

SB1,,199 (11) Enforcement. (a) Any person who believes that his or her rights under this section have been interfered with, restrained, or denied in violation of sub. (10) (a) or that he or she has been discharged or otherwise discriminated against in violation of sub. (10) (b) may, within 30 days after the violation occurs or the person 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. (10) (a) to (c), the department may order the employer to take action to remedy the violation, including providing the requested family leave 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.

SB1,,200 (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. (10) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

SB1,,201 (12) Administration. The department shall administer the family and medical leave benefits insurance program under this section. In administering the program, the department shall do all of the following:

SB1,,202 (a) Establish procedures and forms for the filing of claims for benefits under this section.

SB1,,203 (b) Establish procedures and forms for collecting contributions from self-employed individuals.

SB1,,204 (c) Promulgate rules to implement this section.

SB1,,205 (d) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section.

SB1,,206 (e) 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 benefits insurance program under this section. The report shall include the projected and actual rates of participation in the program, the premium rates for coverage under the program, and the balance in the family and medical leave benefits insurance trust fund under s. 25.52.

SB1,,207 (13) Records. (a) The records made or maintained by the department in connection with the administration of this section are confidential and shall be open to public inspection or disclosure only to the extent that the department allows in the interest of the family and medical leave benefits insurance program. No person may allow inspection or disclosure of any record provided by the department unless the department authorizes the inspection or disclosure.

SB1,,208 (b) The department may provide records made or maintained by the department in connection with the administration of this section to any governmental unit, corresponding unit in the government of another state, or any unit of the federal government. No such unit may allow inspection or disclosure of any record provided by the department unless the department authorizes the inspection or disclosure.

SB1,,209 (c) Upon request of the department of revenue, the department may provide information, including social security numbers, concerning covered individuals to the department of revenue for the purpose of administering state taxes, identifying fraudulent tax returns, providing information for tax-related prosecutions, or locating persons or the assets of persons who have failed to file tax returns, who have underreported their taxable income, or who are delinquent debtors. The department of revenue shall adhere to the limitation on inspection and disclosure of the information under par. (b).

SB1,,210 (14) Benefit amount adjustment. On April 1 of each year, the department may adjust the maximum weekly benefit payment to 90 percent of the state average weekly earnings, which becomes effective on October 1 of that year. The department shall annually have the adjusted amount of the maximum weekly benefit payment published in the Wisconsin Administrative Register.