SB596,24 Section 24 . 103.10 (7) (d) of the statutes is created to read:

SB596,8,23 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer may require the employee to provide certification that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty issued at such time and in such manner as the department may prescribe by rule, and the employee shall provide a copy of that certification to the employer in a timely manner.

SB596,25 Section 25. 103.10 (12) (c) of the statutes is amended to read:

SB596,9,7 103.10 (12) (c) If 2 or more health care providers disagree about any of the information required to be certified under sub. (7) (b), the department may appoint another health care provider to examine the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee and render an opinion as soon as possible. The department shall promptly notify the employee and the employer of the appointment. The employer and the employee shall each pay 50 percent of the cost of the examination and opinion.

SB596,26 Section 26. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

SB596,27 Section 27. 103.10 (14) (b) of the statutes is repealed.

SB596,28 Section 28. 103.105 of the statutes is created to read:

SB596,9,12 103.105 Family and medical leave insurance program. (1) Definitions. In this section:

SB596,9,15 (a) “Application year" means the 12-month period beginning on the first day of the first calendar week for which family or medical leave insurance benefits are claimed by a covered individual.

SB596,9,17 (b) “Average weekly earnings" means the average weekly earnings of a covered individual as calculated under s. 102.11 (1) (a) to (e).

SB596,9,18 (c) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.

SB596,9,23 (d) “Covered individual" means an individual who worked for any employer or employers for at least 680 hours in the calendar year prior to the individual's application year or a self-employed individual who elects coverage under sub. (2), regardless of whether the individual is employed or unemployed at the time the individual files an application for family or medical leave insurance benefits.

SB596,9,24 (e) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

SB596,10,3 (f) “Employee" means an individual employed in this state by an employer, except the employer's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling.

SB596,10,8 (g) “Employer" means a person engaging in any activity, enterprise, or business in this state. “Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

SB596,10,11 (h) “Family leave" means leave from employment, self-employment, or availability for employment for a reason specified in ss. 103.10 (3) (b) 1. to 4. or 103.11 (4).

SB596,10,14 (i) “Family or medical leave insurance benefits" means family or medical leave insurance benefits payable under this section from the family and medical leave insurance trust fund.

SB596,10,15 (j) “Grandchild" means the child of a child.

SB596,10,16 (k) “Grandparent" means the parent of a parent.

SB596,10,21 (L) “Medical leave” means leave from employment, self-employment, or availability for employment when a covered individual has a serious health condition that makes the individual unable to perform his or her employment or self-employment duties, or makes the individual unable to perform the duties of any suitable employment.

SB596,10,24 (m) “Parent" means a natural parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee's spouse or domestic partner.

SB596,11,3 (n) “Self-employed individual” means a sole proprietor, partner of a partnership, member of a limited liability company, or other self-employed individual engaged in a vocation, profession, or business in this state.

SB596,11,4 (o) “Serious health condition" has the meaning given in s. 103.10 (1) (g).

SB596,11,6 (p) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

SB596,11,7 (q) “Spouse" means an employee's legal husband or wife.

SB596,11,10 (r) “State annual median wage" means the median hourly wage for all occupations in this state, as determined by the bureau of labor statistics of the U.S. department of labor, multiplied by 2,080.

SB596,11,12 (s) “Waiting period" means the period under sub. (5) (b) 1. for which no family or medical leave insurance benefits are payable.

SB596,12,2 (2) Election by self-employed individual. A self-employed individual may elect to be covered under this section by filing a written notice of election with the department in a form and manner prescribed by the department by rule. An initial election under this subsection becomes effective on the date on which the notice of election is filed, shall be for a period of not less than 3 years, and may be renewed for subsequent one-year periods by the filing of a written notice with the department that the self-employed individual intends to continue his or her coverage under this section. A self-employed individual who elects coverage under this section may withdraw that election no earlier than 3 years after the date of the initial election or at such other times as the department may prescribe by rule by providing notice of that withdrawal to the department not less than 30 days before the expiration date of the election. A self-employed individual who elects coverage under this section must have worked at least 680 hours in self-employment in the calendar year prior to the individual's application year.

SB596,12,9 (3) Eligibility for benefits. (a) A covered individual who is on family or medical leave is eligible to receive family or medical leave insurance benefits in the amount specified in sub. (4) and for the duration specified in sub. (5). No family or medical leave insurance benefits are payable for any period of family or medical leave for which a covered individual is substituting paid leave of any other type provided by his or her employer or for which a covered individual is receiving unemployment insurance benefits under ch. 108 or worker's compensation benefits under ch. 102.