AB50,912,1111a. The history of layoffs and reemployments by the employer.
AB50,912,1312b. Any information that the employer furnished to the claimant or the
13department concerning the claimants anticipated reemployment date.
AB50,912,1514c. Whether the claimant has recall rights with the employer under the terms
15of any applicable collective bargaining agreement.
AB50,170816Section 1708. 108.04 (2) (b) of the statutes is repealed and recreated to read:
AB50,912,1917108.04 (2) (b) 1. The department may, by rule, establish waivers from the
18registration for work requirement under par. (a) 2. and the work search
19requirement under par. (a) 3.
AB50,913,6202. a. The department may promulgate rules under subd. 1. as emergency
21rules, using the procedure under s. 227.24, if the secretary of workforce
22development determines that the waiver is needed only on a temporary basis or that
23permanent rules are not warranted. Notwithstanding s. 227.24 (1) (a) and (3), the

1department is not required to provide evidence that promulgating a rule under this
2subd. 2. a. as an emergency rule is necessary for the preservation of the public
3peace, health, safety, or welfare and is not required to provide a finding of
4emergency for a rule promulgated under this subd. 2. a. Except as provided under
5subd. 2. b., a rule promulgated under this subd. 2. a. remains in effect only for 150
6days.
AB50,913,137b. Notwithstanding s. 227.24 (2), the secretary of workforce development may
8extend the effective period of an emergency rule promulgated under subd. 2. a. for a
9period specified by the secretary not to exceed 60 days. Any number of extensions
10may be granted under this subd. 2. b. Whenever the secretary extends an
11emergency rule under this subd. 2. b., it shall file a statement of its action with the
12legislative reference bureau. The statement shall identify the specific emergency
13rule to which it relates.
AB50,170914Section 1709. 108.04 (2) (bb) of the statutes is repealed.
AB50,171015Section 1710. 108.04 (2) (bd) of the statutes is repealed.
AB50,171116Section 1711. 108.04 (2) (bm) of the statutes is amended to read:
AB50,913,2417108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
18which there is a determination that the claimant failed to comply with the
19registration for work and work search requirements under par. (a) 2. or 3. or failed
20to provide verification to the department that the claimant complied with those
21requirements, unless the department has waived those requirements under par.
22(b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a
23claimant for any such week, the department may recover the overpayment under s.
24108.22.
AB50,1712
1Section 1712. 108.04 (2) (h) of the statutes is amended to read:
AB50,914,82108.04 (2) (h) A claimant shall, when the claimant first files a claim for
3benefits under this chapter and during each subsequent week the claimant files for
4benefits under this chapter, inform the department whether he or she is receiving
5social security disability insurance payments, as defined in sub. (12) (f) 2m s.
6108.05 (7m) (b). If the claimant is receiving social security disability insurance
7payments, the claimant shall, in the manner prescribed by the department, report
8to the department the amount of the social security disability insurance payments.
AB50,17139Section 1713. 108.04 (3) of the statutes is repealed.
AB50,171410Section 1714. 108.04 (5) (intro.) of the statutes is renumbered 108.04 (5)
11(cm) and amended to read:
AB50,915,712108.04 (5) (cm) An employee whose work is terminated by an employing unit
13for misconduct by the employee connected with the employees work is ineligible to
14receive benefits until 7 weeks have elapsed since the end of the week in which the
15discharge occurs and the employee earns wages after the week in which the
16discharge occurs equal to at least 14 times the employees weekly benefit rate under
17s. 108.05 (1) in employment or other work covered by the unemployment insurance
18law of any state or the federal government. For purposes of requalification, the
19employees weekly benefit rate shall be the rate that would have been paid had the
20discharge not occurred. The wages paid to an employee by an employer which
21terminates employment of the employee for misconduct connected with the
22employees employment shall be excluded from the employees base period wages
23under s. 108.06 (1) for purposes of benefit entitlement. This subsection paragraph
24does not preclude an employee who has employment with an employer other than

1the employer which terminated the employee for misconduct from establishing a
2benefit year using the base period wages excluded under this subsection paragraph
3if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The
4department shall charge to the funds balancing account any benefits otherwise
5chargeable to the account of an employer that is subject to the contribution
6requirements under ss. 108.17 and 108.18 from which base period wages are
7excluded under this subsection paragraph.
AB50,915,158(am) For purposes of this subsection, misconduct means one or more actions
9or conduct evincing such willful or wanton disregard of an employers interests as is
10found in deliberate violations or disregard of standards of behavior which an
11employer has a right to expect of his or her employees, or in carelessness or
12negligence of such degree or recurrence as to manifest culpability, wrongful intent,
13or evil design of equal severity to such disregard, or to show an intentional and
14substantial disregard of an employers interests, or of an employees duties and
15obligations to his or her employer.
AB50,915,1716(bm) In addition to the conduct described in par. (am), misconduct includes
17all of the following:
AB50,171518Section 1715. 108.04 (5) (a) to (g) of the statutes are renumbered 108.04 (5)
19(bm) 1. to 7., and 108.04 (5) (bm) 5. and 7., as renumbered, are amended to read:
AB50,916,420108.04 (5) (bm) 5. Absenteeism by an employee on more than 2 occasions
21within the 120-day period before the date of the employees termination, unless
22otherwise specified by his or her employer in an employment manual of which the
23employee has acknowledged receipt with his or her signature, or excessive tardiness
24by an employee in violation of a policy of the employer that has been communicated

1to the employee, if the employee does not provide to his or her employer both notice
2and one or more valid reasons for the absenteeism or tardiness. For purposes of this
3subdivision, an employees notice and reason for an occasion of absenteeism or
4tardiness shall be analyzed under the standard specified in par. (am).
AB50,916,1157. Unless directed by the employer, a willful and deliberate violation of a
6written and uniformly applied standard or regulation of the federal government or
7a state or Indian tribal government by an employee of an employer that is licensed
8or certified by a governmental agency, which standard or regulation has been
9communicated by the employer to the employee and which violation would cause the
10employer to be sanctioned or to have its license or certification suspended by the
11agency.
AB50,171612Section 1716. 108.04 (5g) of the statutes is repealed.
AB50,171713Section 1717. 108.04 (5m) of the statutes is created to read:
AB50,916,1814108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub.
15(5), misconduct, for purposes of sub. (5), does not include the employees use of
16marijuana off the employers premises during nonworking hours or a violation of
17the employers policy concerning such use, unless termination of the employee
18because of that use is permitted under s. 111.35.
AB50,916,2219(b) Notwithstanding sub. (5g), substantial fault, for purposes of sub. (5g),
20does not include the employees use of marijuana off the employers premises during
21nonworking hours or a violation of the employers policy concerning such use, unless
22termination of the employee because of that use is permitted under s. 111.35.
AB50,171823Section 1718. 108.04 (7) (e) of the statutes is amended to read:
AB50,917,924108.04 (7) (e) Paragraph (a) does not apply if the department determines that

1the employee accepted work that the employee could have failed to accept under sub.
2(8) and terminated the work on the same grounds and within the first 30 calendar
3days 10 weeks after starting the work, or that the employee accepted work that the
4employee could have refused under sub. (9) and terminated the work within the
5first 30 calendar days 10 weeks after starting the work. For purposes of this
6paragraph, an employee has the same grounds for voluntarily terminating work if
7the employee could have failed to accept the work under sub. (8) (d) to (em) when it
8was offered, regardless of the reason articulated by the employee for the
9termination.
AB50,171910Section 1719. 108.04 (7) (t) 1. of the statutes is repealed.
AB50,172011Section 1720. 108.04 (7) (t) 2. of the statutes is amended to read: