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103.10
(7) (a) If an employee requests family leave for a reason described in sub.
6(3) (b) 3. or requests medical leave, the employer may require the employee to provide
7certification, as described in par. (b), issued by the health care provider or Christian
8Science practitioner of the child, spouse, domestic partner, parent,
grandparent,
9grandchild, sibling, or employee, whichever is appropriate.
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10Section 22
. 103.10 (7) (b) (intro.) of the statutes is amended to read:
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103.10
(7) (b) (intro.) No employer may require certification
under par. (a) 12stating more than the following:
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13Section 23
. 103.10 (7) (b) 1. of the statutes is amended to read:
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103.10
(7) (b) 1. That the child, spouse, domestic partner, parent,
grandparent,
15grandchild, sibling, or employee has a serious health condition.
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16Section 24
. 103.10 (7) (d) of the statutes is created to read:
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103.10
(7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
18may require the employee to provide certification that the spouse, child, domestic
19partner, parent, grandparent, grandchild, or sibling of the employee is on covered
20active duty or has been notified of an impending call or order to covered active duty
21issued at such time and in such manner as the department may prescribe by rule,
22and the employee shall provide a copy of that certification to the employer in a timely
23manner.
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24Section 25
. 103.10 (12) (c) of the statutes is amended to read:
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1103.10
(12) (c) If 2 or more health care providers disagree about any of the
2information required to be certified under sub. (7) (b), the department may appoint
3another health care provider to examine the child, spouse, domestic partner, parent,
4grandparent, grandchild, sibling, or employee and render an opinion as soon as
5possible. The department shall promptly notify the employee and the employer of
6the appointment. The employer and the employee shall each pay 50 percent of the
7cost of the examination and opinion.
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8Section 26
. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
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9Section 27
. 103.10 (14) (b) of the statutes is repealed.
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10Section 28
. 103.105 of the statutes is created to read:
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11103.105 Family and medical leave insurance program. (1) Definitions. 12In this section:
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(a) “Application year" means the 12-month period beginning on the first day
14of the first calendar week for which family or medical leave insurance benefits are
15claimed by a covered individual.
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(b) “Average weekly earnings" means the average weekly earnings of a covered
17individual as calculated under s. 102.11 (1) (a) to (e).
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(c) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.
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(d) “Covered individual" means an individual who worked for any employer or
20employers for at least 680 hours in the calendar year prior to the individual's
21application year or a self-employed individual who elects coverage under sub. (2),
22regardless of whether the individual is employed or unemployed at the time the
23individual files an application for family or medical leave insurance benefits.
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(e) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).
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1(f) “Employee" means an individual employed in this state by an employer,
2except the employer's child, spouse, domestic partner, parent, grandparent,
3grandchild, or sibling.
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(g) “Employer" means a person engaging in any activity, enterprise, or business
5in this state. “Employer" includes the state and any office, department, independent
6agency, authority, institution, association, society, or other body in state government
7created or authorized to be created by the constitution or any law, including the
8legislature and the courts.
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(h) “Family leave" means leave from employment, self-employment, or
10availability for employment for a reason specified in ss. 103.10 (3) (b) 1. to 4. or 103.11
11(4).
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(i) “Family or medical leave insurance benefits" means family or medical leave
13insurance benefits payable under this section from the family and medical leave
14insurance trust fund.
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(j) “Grandchild" means the child of a child.
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(k) “Grandparent" means the parent of a parent.
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(L) “Medical leave” means leave from employment, self-employment, or
18availability for employment when a covered individual has a serious health condition
19that makes the individual unable to perform his or her employment or
20self-employment duties, or makes the individual unable to perform the duties of any
21suitable employment.
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(m) “Parent" means a natural parent, foster parent, adoptive parent,
23stepparent, or legal guardian of an employee or of an employee's spouse or domestic
24partner.
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1(n) “Self-employed individual” means a sole proprietor, partner of a
2partnership, member of a limited liability company, or other self-employed
3individual engaged in a vocation, profession, or business in this state.
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(o) “Serious health condition" has the meaning given in s. 103.10 (1) (g).
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(p) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or
6stepsister, whether by blood, marriage, or adoption.