AB386-AA1,16,2117
103.10
(7) (e) If an employee requests family leave under sub. (3) (b) 5., the
18employer may require the employee to provide certification that there is an
19unforeseen or unexpected short-term gap in child care, as defined in rule by the
20department, for the employee's child, grandchild, or sibling that the employee must
21fill. The department may prescribe by rule the form and content of the certification.
AB386-AA1,69
22Section
69. 103.10 (7) (f) of the statutes is created to read:
AB386-AA1,17,723
103.10
(7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or
24medical leave due to medical isolation, the employer may require the employee to
25provide certification issued by a local public health official, the department of health
1services, or a health care provider or Christian Science practitioner of the child,
2spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee,
3whichever is appropriate, except that no employer may require certification under
4this paragraph if the sole reason for the medical isolation is due to the employer's
5request under sub. (1) (em) 3. No employer may require certification under this
6subdivision stating more than that the child, spouse, domestic partner, parent,
7grandparent, grandchild, sibling, or employee is in medical isolation.
AB386-AA1,17,118
2. If an employee requests family leave under sub. (3) (b) 6., the employer may
9require the employee to provide certification that the employee is responsible for the
10care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling,
11or employee who is in medical isolation.
AB386-AA1,70
12Section
70. 103.10 (7) (g) of the statutes is created to read:
AB386-AA1,17,1713
103.10
(7) (g) If an employee requests family leave under sub. (3) (b) 7., the
14employer may require the employee to provide certification that the employee is
15addressing issues of the employee or the employee's child, spouse, domestic partner,
16parent, grandparent, grandchild, or sibling related to being the victim of domestic
17abuse, sexual abuse, or stalking.
AB386-AA1,71
18Section
71. 103.10 (10) of the statutes is amended to read:
AB386-AA1,17,2419
103.10
(10) Alternative employment. Nothing in this section prohibits an
20employer and an employee with a serious health condition
or in medical isolation 21from mutually agreeing to alternative employment for the employee while the
22serious health condition
or medical isolation lasts. No period of alternative
23employment, with the same employer, reduces the employee's right to family leave
24or medical leave.
AB386-AA1,72
25Section
72. 103.10 (12) (b) of the statutes is amended to read:
AB386-AA1,18,10
1103.10
(12) (b) An employee who believes his or her employer has violated sub.
2(11) (a) or (b) may, within
30 300 days after the violation occurs or the employee
3should reasonably have known that the violation occurred, whichever is later, file a
4complaint with the department alleging the violation. Except as provided in s.
5230.45 (1m), the department shall investigate the complaint and shall attempt to
6resolve the complaint by conference, conciliation or persuasion. If the complaint is
7not resolved and the department finds probable cause to believe a violation has
8occurred, the department shall proceed with notice and a hearing on the complaint
9as provided in ch. 227. The hearing shall be held within 60 days after the department
10receives the complaint.
AB386-AA1,73
11Section
73. 103.10 (12) (c) of the statutes is amended to read:
AB386-AA1,18,1812
103.10
(12) (c) If 2 or more health care providers disagree about any of the
13information required to be certified under sub. (7) (b), the department may appoint
14another health care provider to examine the child, spouse, domestic partner, parent,
15grandparent, grandchild, sibling, or employee and render an opinion as soon as
16possible. The department shall promptly notify the employee and the employer of
17the appointment. The employer and the employee shall each pay 50 percent of the
18cost of the examination and opinion.
AB386-AA1,74
19Section
74. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
AB386-AA1,75
20Section
75. 103.10 (14) (b) of the statutes is repealed.
AB386-AA1,76
21Section
76. 103.105 of the statutes is created to read:
AB386-AA1,18,23
22103.105 Family and medical leave benefits insurance program. (1) 23Definitions. In this section:
AB386-AA1,19,3
1(a) “Application year" means the 12-month period beginning on the first day
2of the first calendar week for which family or medical leave insurance benefits are
3claimed by a covered individual.
AB386-AA1,19,154
(b) “Average weekly earnings" means one-thirteenth of the wages paid to an
5employee during the last completed calendar quarter prior to the covered
6individual's date of eligibility for benefits under this section and includes all sick,
7holiday, vacation, and termination pay that is paid directly by an employer to an
8employee at the employee's usual rate of pay during his or her last completed
9calendar quarter as a result of employment for an employer and any total or partial
10disability payments under ch. 102 or a federal law that provides for payments on
11account of a work-related injury or illness. For self-employed individuals, “
average
12weekly earnings" means one fifty-second of the gross income reported as income to
13the federal internal revenue service in the most recent tax year in which the
14individual filed taxes prior to the individual's date of eligibility for benefits under this
15section.
AB386-AA1,19,2016
(c) “Covered individual" means an employee who satisfies s. 103.10 (2) (c), a
17self-employed individual who elects coverage under sub. (2), or an employee of a
18small employer who elects coverage under sub. (2), regardless of whether the
19individual is employed or unemployed at the time the individual files an application
20for family or medical leave insurance benefits.
AB386-AA1,19,2121
(d) “Employee" has the meaning given in s. 103.10 (1) (b).
AB386-AA1,19,2222
(e) “Employer" has the meaning given in s. 103.10 (1) (c).
AB386-AA1,19,2523
(f) “Family leave" means an individual's leave from employment,
24self-employment, or availability for employment for a reason specified in s. 103.10
25(3) (b) 1. to 7. or 103.11 (4).
AB386-AA1,20,2
1(g) “Family or medical leave insurance benefits" means benefits payable under
2this section from the family and medical leave benefits insurance trust fund.
AB386-AA1,20,43
(h) “Medical leave” means leave from employment, self-employment, or
4availability for employment for any of the reasons in s. 103.10 (4).
AB386-AA1,20,75
(i) “Self-employed individual” means a sole proprietor, partner of a
6partnership, member of a limited liability company, or other individual engaged in
7a vocation, profession, or business for himself or herself and not for an employer.
AB386-AA1,20,98
(j) “Small employer” means a person engaging in any activity, enterprise, or
9business in this state employing fewer than 50 individuals on a permanent basis.
AB386-AA1,20,1210
(k) “State annual median wage" means the median hourly wage for all
11occupations in this state in a calendar year, as determined by the bureau of labor
12statistics of the U.S. department of labor, multiplied by 2,080.
AB386-AA1,20,25
13(2) Election by self-employed individual or small employer. A
14self-employed individual or small employer may elect to be covered under this
15section by filing a written notice of election with the department in a form and
16manner prescribed by the department by rule. An initial election under this
17subsection becomes effective on the date on which the notice of election is filed, shall
18be for a period of not less than 3 years, and may be renewed for subsequent one-year
19periods by the filing of a written notice with the department that the self-employed
20individual or small employer intends to continue coverage under this section. A
21self-employed individual or small employer who elects coverage under this section
22may withdraw that election no earlier than 3 years after the date of the initial
23election or at such other times as the department may prescribe by rule by providing
24notice of that withdrawal to the department not less than 30 days before the
25expiration date of the election.
AB386-AA1,21,4
1(3) Eligibility for benefits. (a) Except as otherwise provided in sub. (6), a
2covered individual who is on family leave or medical leave is eligible to receive family
3or medical leave insurance benefits in the amount specified in sub. (4) and for the
4duration specified in sub. (5).