(c) Payment of wages by the employer during disability or absence from work to obtain treatment shall be considered payment of compensation for the purpose of this section if the employer knew of the employee's condition and its alleged relation to the employment.
29,5
Section 5
. 102.17 (9) of the statutes is created to read:
102.17 (9) (a) In this subsection:
1. “Fire fighter" means any person employed on a full-time basis by the state or any political subdivision as a member or officer of a fire department, including the 1st class cities and state fire marshal and deputies.
2. “Post-traumatic stress disorder” means that condition, as described in the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association.
(b) Subject to par. (c), in the case of a mental injury that is not accompanied by a physical injury and that results in a diagnosis of post-traumatic stress disorder in a law enforcement officer, as defined in s. 23.33 (1) (ig), or a fire fighter, the claim for compensation for the mental injury, in order to be compensable under this chapter, is subject to all of the following:
1. The mental injury must satisfy all of the following conditions:
a. The diagnosis of post-traumatic stress disorder is made by a licensed psychiatrist or psychologist.
b. The conditions of liability under s. 102.03 (1) are proven by the preponderance of the evidence.
2. The mental injury may not be a result of any of the following actions taken in good faith by the employer:
a. A disciplinary action.
b. A work evaluation.
c. A job transfer.
d. A layoff.
e. A demotion.
f. A termination.
3. The diagnosis does not need to be based on unusual stress of greater dimensions than the day-to-day emotional strain and tension experienced by similarly situated employees.
(c) No individual may receive compensation for a claim of mental injury under this subsection more than 3 times in his or her lifetime. The limitation under this paragraph applies irrespective of whether the individual becomes employed by a different employer or in a different position with the same employer.
29,6
Section 6
. 102.29 (6m) (a) 1m. of the statutes is created to read:
102.29 (6m) (a) 1m. The employee leasing company that employs the leased employee.
29,7
Section 7
. 102.29 (6m) (a) 3. of the statutes is amended to read:
102.29 (6m) (a) 3. Any employee of the client
or, any employee of that other an employee leasing company described in subd. 2., or the employee leasing company that employs the leased employee, unless the leased employee who has the right to make a claim for compensation would have a right under s. 102.03 (2) to bring an action against the employee of the client, the employee leasing company that employs the leased employee, or the leased employee of the other employee leasing company described in subd. 2., if the employees and leased employees were coemployees.
29,8
Section 8
. 102.315 (1) (c) of the statutes is amended to read:
102.315 (1) (c) “Divided workforce" means a workforce in which some of the employees of a client are leased employees and some of the employees of the client are not leased employees, but does not include a workforce with respect to a client that has elected to provide insurance coverage for leased employees under sub. (2m).
29,9
Section 9
. 102.315 (2) of the statutes is amended to read:
102.315 (2) Employee leasing company liable. An Except as otherwise provided in an employee leasing agreement that meets the requirements of sub. (2m), an employee leasing company is liable under s. 102.03 for all compensation payable under this chapter to a leased employee, including any payments required under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60. If a client that makes an election under sub. (2m) (a) terminates the election, fails to provide the required coverage, or allows coverage to lapse, the employee leasing company is liable under s. 102.03 as set forth in this subsection. Except as permitted allowed under s. 102.29, an employee leasing company may not seek or receive reimbursement from another employer for any payments made as a result of that liability. An employee leasing company is not liable under s. 102.03 for any compensation payable under this chapter to an employee of a client who is not a leased employee.
29,10
Section 10
. 102.315 (2e) of the statutes is created to read:
102.315 (2e) Termination of employee leasing agreement. If an employee leasing company terminates an employee leasing agreement with a client that has made an election under sub. (2m) (a), the company shall provide notice of the termination of an employee leasing agreement to the department and the client, on a form prescribed by the department, at least 30 days before the termination of the employee leasing agreement. The notice provided under this subsection must contain all of the following information:
(a) The name, mailing address, and federal employer identification number of the employee leasing company.