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.

SB596,12,21 (b) To receive family or medical leave insurance benefits, a covered individual shall file a claim for those benefits within the time and in the manner that the department prescribes by rule. On receipt of a claim for family or medical leave insurance benefits, the department may request from the individual's employer or from the self-employed individual any information necessary for the department to determine the individual's eligibility for those benefits and the amount and duration of those benefits. The employer or self-employed individual shall provide that information to the department within the time and in the manner that the department prescribes by rule. If the department determines that a covered individual is eligible to receive family or medical leave insurance benefits, the department shall provide those benefits to the individual as provided in subs. (4) to (6).

SB596,12,24 (4) Amount of benefits. (a) Subject to pars. (b) and (c), the amount of family or medical leave insurance benefits for a week of leave for which those benefits are payable is as follows:

SB596,13,3 1. For a covered individual who earned less than 30 percent of the state annual median wage in the calendar year before the individual's application year, 95 percent of that individual's average weekly earnings.

SB596,13,6 2. For a covered individual who earned at least 30 percent, but less than 50 percent, of the state annual median wage in the calendar year before the individual's application year, 90 percent of that individual's average weekly earnings.

SB596,13,9 3. For a covered individual who earned at least 50 percent, but less than 80 percent, of the state annual median wage in the calendar year before the individual's application year, 85 percent of that individual's average weekly earnings.

SB596,13,12 4. For a covered individual who earned at least 80 percent of the state annual median wage in the calendar year before the individual's application year, 66 percent of that individual's average weekly earnings.