AB666,15,3 (7) Tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, the department shall do all of the following:

AB666,15,9 (a) At the time an individual files a claim for those benefits, advise the individual that those benefits may be subject to federal income taxation, that requirements exist under federal law pertaining to estimated tax payments, and that the individual may elect to have federal income taxes withheld from the individual's benefit payments and may change that election not more than one time in an application year.

AB666,15,13 (b) Allow the individual to elect to have federal income tax deducted and withheld from the individual's benefit payments, allow the individual to change that election not more than one time in an application year, and deduct and withhold that tax in accordance with the individual's election as provided under 26 USC 3402.

AB666,15,16 (c) Upon making a deduction under par. (b), transfer the amount deducted from the family and medical leave insurance trust fund to the federal internal revenue service.

AB666,15,19 (d) In deducting and withholding federal income taxes from an individual's benefit payments, follow all procedures specified by the federal internal revenue service pertaining to the deducting and withholding of federal income tax.

AB666,15,23 (8) Family and medical leave insurance trust fund. (a) Each employee and each self-employed individual who elects coverage under sub. (2) shall contribute to the family and medical leave insurance trust fund a percentage of his or her wages from employment or income from self-employment.

AB666,16,5 (b) The department shall determine the amount of the contribution required under par. (a). In determining that percentage, the department shall consult with the commissioner of insurance, who shall recommend a percentage that is sufficient to pay the benefits under sub. (3) (b) and to pay for the administration of the family and medical leave insurance program under this section but does not exceed the amount necessary to ensure the solvency of the family and medical leave insurance trust fund.

AB666,16,7 (c) Each employer shall withhold from the wages of its employees the amount determined by the department under this subsection.

AB666,16,11 (d) The department shall collect the contributions withheld by employers in the same manner as the department collects contributions to the unemployment reserve fund under s. 108.17. Section 108.10 applies to issues regarding liability of employers for contributions under this subsection.

AB666,16,13 (d) The department shall collect contributions from self-employed individuals pursuant to procedures established by the department under sub. (12) (b).

AB666,16,16 (e) The department shall deposit contributions received under this subsection in the family and medical leave insurance trust fund and credit them to the appropriation account under s. 20.445 (1) (w).

AB666,16,20 (f) The department shall use moneys deposited in the family and medical leave insurance trust fund to pay benefits under sub. (3) and to pay for the administration of the family and medical leave insurance program under this section and for no other purpose.

AB666,16,25 (9) Denial of claims; overpayments. (a) A covered individual whose claim for family or medical leave insurance benefits is denied by the department may request a hearing on the denial, and the department shall process the request for a hearing in the same manner that requests for hearings on unemployment insurance claims are processed under s. 108.09.

AB666,17,11 (b) If the department pays family or medical leave insurance benefits erroneously or as a result of willful misrepresentation, the department may seek repayment of those benefits in the same manner that the department recovers erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22 (8), and 108.225. The department may waive recovery of an erroneous payment of family or medical leave insurance benefits if the erroneous payment was not the fault of the person who received it and if requiring repayment would be contrary to equity and good conscience. If an individual willfully makes a false statement or representation, or willfully fails to disclose a material fact, to obtain family or medical leave insurance benefits under this section, the individual is disqualified from receiving those benefits for one year after the date of the disqualification.

AB666,17,13 (10) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB666,17,18 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB666,17,22 (c) No collective bargaining agreement or employer policy may diminish or abridge an employee's rights under this section. Any agreement purporting to waive or modify an employee's rights under this section is void as against public policy and unenforceable.

AB666,18,10 (11) Enforcement. (a) Any person who believes that his or her rights under this section have been interfered with, restrained, or denied in violation of sub. (10) (a) or that he or she has been discharged or otherwise discriminated against in violation of sub. (10) (b) may, within 30 days after the violation occurs or the person should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation, and the department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that an employer has violated sub. (10) (a) to (c), the department may order the employer to take action to remedy the violation, including providing the requested family or medical leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the complainant.

AB666,18,15 (b) After the completion of an administrative proceeding under par. (a), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (10) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB666,18,18 (12) Administration. The department shall administer the family and medical leave insurance program under this section. In administering that program, the department shall do all of the following:

AB666,18,20 (a) Establish procedures and forms for the filing of claims for benefits under this section.

AB666,18,22 (b) Establish procedures and forms for collecting contributions from self-employed individuals.

AB666,18,23 (c) Promulgate rules to implement this section.

AB666,19,3 (d) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section.

AB666,19,8 (e) Conduct a public outreach campaign to inform employers, employees, self-employed individuals, and other covered individuals regarding the family and medical leave insurance program under this section. Information provided under this paragraph shall be provided in English and in any other language customarily spoken by more than 20 percent of the population of this state.

AB666,19,15 (f) By September 1 of each year, submit a report to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) on the family and medical leave insurance program under this section. The report shall include the projected and actual rates of participation in the program, the premium rates for coverage under the program, the balance in the family and medical leave insurance trust fund under s. 25.52, and a description of the department's outreach efforts under par. (e).

AB666,19,18 (13) Records. Notwithstanding s. 19.35 (1), individual personal information maintained by the department under this section is confidential and not open to public inspection and copying and may be disclosed only as follows:

AB666,19,20 (a) On the request of the individual who is the subject of the information or the individual's authorized representative, to the individual or representative.

AB666,19,23 (b) With the written permission of the individual who is the subject of the information or the individual's authorized representative, to a person named in the permission.