AB50,912,11 a. The history of layoffs and reemployments by the employer.

AB50,912,13 b. Any information that the employer furnished to the claimant or the department concerning the claimant’s anticipated reemployment date.

AB50,912,15 c. Whether the claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement.

AB50,1708 Section 1708. 108.04 (2) (b) of the statutes is repealed and recreated to read:

AB50,912,19 108.04 (2) (b) 1. The department may, by rule, establish waivers from the registration for work requirement under par. (a) 2. and the work search requirement under par. (a) 3.

AB50,913,6 2. a. The department may promulgate rules under subd. 1. as emergency rules, using the procedure under s. 227.24, if the secretary of workforce development determines that the waiver is needed only on a temporary basis or that permanent rules are not warranted. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subd. 2. a. as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subd. 2. a. Except as provided under subd. 2. b., a rule promulgated under this subd. 2. a. remains in effect only for 150 days.

AB50,913,13 b. Notwithstanding s. 227.24 (2), the secretary of workforce development may extend the effective period of an emergency rule promulgated under subd. 2. a. for a period specified by the secretary not to exceed 60 days. Any number of extensions may be granted under this subd. 2. b. Whenever the secretary extends an emergency rule under this subd. 2. b., it shall file a statement of its action with the legislative reference bureau. The statement shall identify the specific emergency rule to which it relates.

AB50,1709 Section 1709. 108.04 (2) (bb) of the statutes is repealed.

AB50,1710 Section 1710. 108.04 (2) (bd) of the statutes is repealed.

AB50,1711 Section 1711. 108.04 (2) (bm) of the statutes is amended to read:

AB50,913,24 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to comply with the registration for work and work search requirements under par. (a) 2. or 3. or failed to provide verification to the department that the claimant complied with those requirements, unless the department has waived those requirements under par. (b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant for any such week, the department may recover the overpayment under s. 108.22.

AB50,1712 Section 1712. 108.04 (2) (h) of the statutes is amended to read:

AB50,914,8 108.04 (2) (h) A claimant shall, when the claimant first files a claim for benefits under this chapter and during each subsequent week the claimant files for benefits under this chapter, inform the department whether he or she is receiving social security disability insurance payments, as defined in sub. (12) (f) 2m s. 108.05 (7m) (b). If the claimant is receiving social security disability insurance payments, the claimant shall, in the manner prescribed by the department, report to the department the amount of the social security disability insurance payments.

AB50,1713 Section 1713. 108.04 (3) of the statutes is repealed.

AB50,1714 Section 1714. 108.04 (5) (intro.) of the statutes is renumbered 108.04 (5) (cm) and amended to read:

AB50,915,7 108.04 (5) (cm) An employee whose work is terminated by an employing unit for misconduct by the employee connected with the employee’s work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 14 times the employee’s weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee’s weekly benefit rate shall be the rate that would have been paid had the discharge not occurred. The wages paid to an employee by an employer which terminates employment of the employee for misconduct connected with the employee’s employment shall be excluded from the employee’s base period wages under s. 108.06 (1) for purposes of benefit entitlement. This subsection paragraph does not preclude an employee who has employment with an employer other than the employer which terminated the employee for misconduct from establishing a benefit year using the base period wages excluded under this subsection paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund’s balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 from which base period wages are excluded under this subsection paragraph.

AB50,915,15 (am) For purposes of this subsection, “misconduct” means one or more actions or conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of his or her employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer’s interests, or of an employee’s duties and obligations to his or her employer.

AB50,915,17 (bm) In addition to the conduct described in par. (am), “misconduct” includes all of the following:

AB50,1715 Section 1715. 108.04 (5) (a) to (g) of the statutes are renumbered 108.04 (5) (bm) 1. to 7., and 108.04 (5) (bm) 5. and 7., as renumbered, are amended to read:

AB50,916,4 108.04 (5) (bm) 5. Absenteeism by an employee on more than 2 occasions within the 120-day period before the date of the employee’s termination, unless otherwise specified by his or her employer in an employment manual of which the employee has acknowledged receipt with his or her signature, or excessive tardiness by an employee in violation of a policy of the employer that has been communicated to the employee, if the employee does not provide to his or her employer both notice and one or more valid reasons for the absenteeism or tardiness. For purposes of this subdivision, an employee’s notice and reason for an occasion of absenteeism or tardiness shall be analyzed under the standard specified in par. (am).

AB50,916,11 7. Unless directed by the employer, a willful and deliberate violation of a written and uniformly applied standard or regulation of the federal government or a state or Indian tribal government by an employee of an employer that is licensed or certified by a governmental agency, which standard or regulation has been communicated by the employer to the employee and which violation would cause the employer to be sanctioned or to have its license or certification suspended by the agency.

AB50,1716 Section 1716. 108.04 (5g) of the statutes is repealed.

AB50,1717 Section 1717. 108.04 (5m) of the statutes is created to read:

AB50,916,18 108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub. (5), “misconduct,” for purposes of sub. (5), does not include the employee’s use of marijuana off the employer’s premises during nonworking hours or a violation of the employer’s policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

AB50,916,22 (b) Notwithstanding sub. (5g), “substantial fault,” for purposes of sub. (5g), does not include the employee’s use of marijuana off the employer’s premises during nonworking hours or a violation of the employer’s policy concerning such use, unless termination of the employee because of that use is permitted under s. 111.35.

AB50,1718 Section 1718. 108.04 (7) (e) of the statutes is amended to read:

AB50,917,9 108.04 (7) (e) Paragraph (a) does not apply if the department determines that the employee accepted work that the employee could have failed to accept under sub. (8) and terminated the work on the same grounds and within the first 30 calendar days 10 weeks after starting the work, or that the employee accepted work that the employee could have refused under sub. (9) and terminated the work within the first 30 calendar days 10 weeks after starting the work. For purposes of this paragraph, an employee has the same grounds for voluntarily terminating work if the employee could have failed to accept the work under sub. (8) (d) to (em) when it was offered, regardless of the reason articulated by the employee for the termination.

AB50,1719 Section 1719. 108.04 (7) (t) 1. of the statutes is repealed.

AB50,1720 Section 1720. 108.04 (7) (t) 2. of the statutes is amended to read: