LRB-4731/1
MIM&MES:amn
2019 - 2020 LEGISLATURE
December 5, 2019 - Introduced by Representatives Pope, Crowley, Sargent,
Shankland, Stuck, Zamarripa, Gruszynski, Neubauer, C. Taylor, Billings,
Hesselbein, Vining, Spreitzer, Kolste, Emerson, Considine, Anderson,
Sinicki, Riemer, Fields, Subeck, Doyle, Hebl, Goyke and Hintz, cosponsored
by Senators Ringhand, Carpenter, Hansen, Larson, Shilling, Schachtner,
Miller, Smith, Bewley, Johnson, Erpenbach, Wirch and Risser. Referred to
Committee on Family Law.
AB666,2,3
1An Act to repeal 103.10 (1) (a) 1., 103.10 (1) (a) 2., 103.10 (1m) and 103.10 (14)
2(b);
to renumber 103.10 (14) (a);
to renumber and amend 103.10 (1) (a)
3(intro.);
to amend 103.10 (1) (b), 103.10 (1) (c), 103.10 (3) (a) 1., 103.10 (3) (b)
43., 103.10 (6) (b) (intro.), 103.10 (6) (b) 1., 103.10 (7) (a), 103.10 (7) (b) (intro.),
5103.10 (7) (b) 1., 103.10 (12) (c), 103.12 (2), 103.12 (3), 111.322 (2m) (a), 111.322
6(2m) (b), 165.68 (1) (a) 3. and 227.03 (2); and
to create 20.445 (1) (w), 25.17 (1)
7(er), 25.52, 71.05 (6) (b) 54., 103.10 (1) (ap), 103.10 (1) (dm), 103.10 (1) (dp),
8103.10 (1) (gm), 103.10 (3) (b) 4., 103.10 (6) (c), 103.10 (7) (d), 103.105 and 103.12
9(4) of the statutes;
relating to: the establishment of a family and medical leave
10insurance program; family leave to care for a grandparent, grandchild, or
11sibling and for the active duty of a family member; the employers that are
12required to allow an employee to take family or medical leave; creating an
13individual income tax deduction for certain family or medical leave insurance
14benefits; allowing a local government to adopt ordinances requiring employers
1to provide leave benefits; providing an exemption from emergency rule
2procedures; providing an exemption from rule-making procedures; granting
3rule-making authority; making an appropriation; and providing a penalty.
Analysis by the Legislative Reference Bureau
Introduction
This bill expands the family and medical leave law to allow an employee covered
under that law to take family leave to care for a grandparent, grandchild, or sibling
and for the active duty of a family member, lowers the threshold number of employees
above which an employer must allow an employee to take family or medical leave,
and establishes a family and medical leave insurance program under which certain
covered individuals may receive benefits while taking family or medical leave.
Family and medical leave expansion
Under current law, an employer, including the state, that employs at least 50
individuals on a permanent basis in this state must allow an employee who has been
employed by the employer for more than 52 consecutive weeks and who has worked
for the employer for at least 1,000 hours during the preceding 52 weeks to take up
to eight weeks of family leave in a 12-month period for the birth or adoptive
placement of a child or to care for a child, spouse, parent, or domestic partner of the
employee or a parent of the spouse or domestic partner of the employee who has a
serious health condition; and up to two weeks of medical leave in a 12-month period
when the employee has a serious health condition that makes the employee unable
to perform the employee's employment duties.
This bill requires an employer, including the state, to allow an employee to take
family or medical leave as provided under current law. The bill also allows an
employee to take family leave as provided under current law to care for a
grandparent, grandchild, or sibling of the employee who has a serious health
condition. In addition, the bill requires an employer to allow an employee to take
family leave because of any qualifying exigency, as determined by the Department
of Workforce Development by rule, arising out of the fact that the spouse, child,
domestic partner, parent, grandparent, grandchild, or sibling of the employee is on
deployment with the U.S. armed forces to a foreign country (covered active duty) or
has been notified of an impending call or order to covered active duty.
Family and medical leave insurance program
The bill creates a family and medical leave insurance program, to be
administered by DWD, under which a covered individual who is on family or medical
leave is eligible, beginning on January 1, 2024, to receive up to 12 weeks of family
or medical leave insurance benefits as specified in the bill from the family and
medical leave insurance trust fund created under the bill (trust fund). For purposes
of the bill:
1. A “covered individual" is an individual who worked for any employer for at
least 680 hours in the calendar year prior to the year in which the covered individual
claims family or medical leave insurance benefits (application year) or a
self-employed individual who elects coverage under the program, regardless of
whether the individual is employed or unemployed at the time the individual files
an application for family or medical leave insurance benefits.