AB666,10,2422
(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.
AB666,11,3
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.
AB666,11,44
(o) “Serious health condition" has the meaning given in s. 103.10 (1) (g).
AB666,11,65
(p) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or
6stepsister, whether by blood, marriage, or adoption.
AB666,11,77
(q) “Spouse" means an employee's legal husband or wife.
AB666,11,108
(r) “State annual median wage" means the median hourly wage for all
9occupations in this state, as determined by the bureau of labor statistics of the U.S.
10department of labor, multiplied by 2,080.
AB666,11,1211
(s) “Waiting period" means the period under sub. (5) (b) 1. for which no family
12or medical leave insurance benefits are payable.
AB666,12,2
13(2) Election by self-employed individual. A self-employed individual may
14elect to be covered under this section by filing a written notice of election with the
15department in a form and manner prescribed by the department by rule. An initial
16election under this subsection becomes effective on the date on which the notice of
17election is filed, shall be for a period of not less than 3 years, and may be renewed for
18subsequent one-year periods by the filing of a written notice with the department
19that the self-employed individual intends to continue his or her coverage under this
20section. A self-employed individual who elects coverage under this section may
21withdraw that election no earlier than 3 years after the date of the initial election or
22at such other times as the department may prescribe by rule by providing notice of
23that withdrawal to the department not less than 30 days before the expiration date
24of the election. A self-employed individual who elects coverage under this section
1must have worked at least 680 hours in self-employment in the calendar year prior
2to the individual's application year.
AB666,12,9
3(3) Eligibility for benefits. (a) A covered individual who is on family or
4medical leave is eligible to receive family or medical leave insurance benefits in the
5amount specified in sub. (4) and for the duration specified in sub. (5). No family or
6medical leave insurance benefits are payable for any period of family or medical leave
7for which a covered individual is substituting paid leave of any other type provided
8by his or her employer or for which a covered individual is receiving unemployment
9insurance benefits under ch. 108 or worker's compensation benefits under ch. 102.
AB666,12,2110
(b) To receive family or medical leave insurance benefits, a covered individual
11shall file a claim for those benefits within the time and in the manner that the
12department prescribes by rule. On receipt of a claim for family or medical leave
13insurance benefits, the department may request from the individual's employer or
14from the self-employed individual any information necessary for the department to
15determine the individual's eligibility for those benefits and the amount and duration
16of those benefits. The employer or self-employed individual shall provide that
17information to the department within the time and in the manner that the
18department prescribes by rule. If the department determines that a covered
19individual is eligible to receive family or medical leave insurance benefits, the
20department shall provide those benefits to the individual as provided in subs. (4) to
21(6).
AB666,12,24
22(4) Amount of benefits. (a) Subject to pars. (b) and (c), the amount of family
23or medical leave insurance benefits for a week of leave for which those benefits are
24payable is as follows:
AB666,13,3
11. For a covered individual who earned less than 30 percent of the state annual
2median wage in the calendar year before the individual's application year, 95 percent
3of that individual's average weekly earnings.
AB666,13,64
2. For a covered individual who earned at least 30 percent, but less than 50
5percent, of the state annual median wage in the calendar year before the individual's
6application year, 90 percent of that individual's average weekly earnings.
AB666,13,97
3. For a covered individual who earned at least 50 percent, but less than 80
8percent, of the state annual median wage in the calendar year before the individual's
9application year, 85 percent of that individual's average weekly earnings.
AB666,13,1210
4. For a covered individual who earned at least 80 percent of the state annual
11median wage in the calendar year before the individual's application year, 66 percent
12of that individual's average weekly earnings.
AB666,13,1713
(b) The amount of family or medical leave insurance benefits for a fractional
14week of leave for which those benefits are payable is one-seventh of the covered
15individual's weekly benefit amount under par. (a) multiplied by the number of days
16of leave taken that week. Family or medical leave insurance benefits are not payable
17for a period of leave of less than one day in duration.
AB666,14,218
(c) The weekly benefit amount of a covered individual's family or medical leave
19insurance benefits may not exceed $1,000. On April 1 of each year, the department
20shall adjust the maximum daily payment under this paragraph by a percentage
21equal to the average annual percentage change in the U.S. consumer price index for
22all urban consumers, U.S. city average, as determined by the U.S. department of
23labor, for the 12 months ending on December 31 of each calendar year. The
24department shall make pro rata payment of benefits to covered individuals who are
25receiving benefits on the date the consumer price index was adjusted, retroactive to
1the date of the adjustment. The department shall annually have the maximum
2amount of the weekly benefit published in the Wisconsin Administrative Register.
AB666,14,6
3(5) Duration of benefits. (a) The maximum number of weeks for which family
4or medical leave insurance benefits are payable in an application year is 12 weeks.
5A covered individual may be paid family or medical leave insurance benefits
6continuously, or at the option of the covered individual, intermittently.
AB666,14,147
(b) 1. Except as provided in subd. 2., no family or medical leave insurance
8benefits are payable for the first 5 calendar days in an application year for which a
9covered individual is eligible for those benefits. Except as provided in subd. 2., family
10or medical leave insurance benefits are payable beginning on the 6th calendar day
11in an application year for which a covered individual is eligible for those benefits.
12The first payment of family or medical leave insurance benefits shall be made no
13later than 2 weeks after a covered individual files a claim for those benefits and
14subsequent payments shall be made no less often than semimonthly.
AB666,14,1915
2. If a covered individual uses 10 or more days of family or medical leave
16insurance benefits in an application year, those benefits shall also be payable with
17respect to the covered individual's waiting period. An employer may not require a
18covered individual to use paid or unpaid leave of any other type provided by the
19employer during the covered individual's waiting period.
AB666,14,23
20(6) Employer-provided benefits. Nothing in this section prohibits an
21employer from providing employees with rights to family or medical leave insurance
22benefits that are more generous to the employee than the rights provided under this
23section.
AB666,15,3
1(7) Tax treatment of benefits. With respect to the federal income taxation of
2family or medical leave insurance benefits, the department shall do all of the
3following:
AB666,15,94
(a) At the time an individual files a claim for those benefits, advise the
5individual that those benefits may be subject to federal income taxation, that
6requirements exist under federal law pertaining to estimated tax payments, and
7that the individual may elect to have federal income taxes withheld from the
8individual's benefit payments and may change that election not more than one time
9in an application year.
AB666,15,1310
(b) Allow the individual to elect to have federal income tax deducted and
11withheld from the individual's benefit payments, allow the individual to change that
12election not more than one time in an application year, and deduct and withhold that
13tax in accordance with the individual's election as provided under
26 USC 3402.
AB666,15,1614
(c) Upon making a deduction under par. (b), transfer the amount deducted from
15the family and medical leave insurance trust fund to the federal internal revenue
16service.
AB666,15,1917
(d) In deducting and withholding federal income taxes from an individual's
18benefit payments, follow all procedures specified by the federal internal revenue
19service pertaining to the deducting and withholding of federal income tax.
AB666,15,23
20(8) Family and medical leave insurance trust fund. (a) Each employee and
21each self-employed individual who elects coverage under sub. (2) shall contribute to
22the family and medical leave insurance trust fund a percentage of his or her wages
23from employment or income from self-employment.
AB666,16,524
(b) The department shall determine the amount of the contribution required
25under par. (a). In determining that percentage, the department shall consult with
1the commissioner of insurance, who shall recommend a percentage that is sufficient
2to pay the benefits under sub. (3) (b) and to pay for the administration of the family
3and medical leave insurance program under this section but does not exceed the
4amount necessary to ensure the solvency of the family and medical leave insurance
5trust fund.
AB666,16,76
(c) Each employer shall withhold from the wages of its employees the amount
7determined by the department under this subsection.