AB50,1625 Section 1625. 103.06 (10) (f) of the statutes is created to read:

AB50,863,10 103.06 (10) (f) Design and make available to employers a notice regarding worker classification laws, requirements for employers and employees, and penalties for noncompliance. The department shall promulgate rules to implement this paragraph.

AB50,1626 Section 1626. 103.06 (11) of the statutes is created to read:

AB50,863,15 103.06 (11) Notice. All employers shall post, in one or more conspicuous places where notices to employees are customarily posted, the notice designed by the department under sub. (10) (f). Any employer who violates this subsection shall forfeit not more than $100 for each offense.

AB50,1627 Section 1627. 103.08 of the statutes is created to read:

AB50,863,17 103.08 Paid family and medical leave. (1) Definitions. In this section:

AB50,863,20 (a) “Application year” means the 12-month period beginning on the first day of the first calendar week for which leave benefits are claimed by an employee under this section.

AB50,864,5 (b) “Average weekly earnings” means one-thirteenth of the wages paid to an employee during the last completed calendar quarter prior to the employee’s date of eligibility for leave benefits under this section and includes all sick, holiday, vacation, and termination pay that is paid directly by an employer to an employee at the employee’s usual rate of pay during his or her last completed calendar quarter as a result of employment for an employer and any total or partial disability payments under ch. 102 or a federal law that provides for payments on account of a work-related injury or illness.

AB50,864,9 (d) “Employee” has the meaning given in s. 103.10 (b), except that it does not include employees whose compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or employees of the Board of Regents of the University of Wisconsin System.

AB50,864,13 (e) “Employer” has the meaning given in s. 103.10 (1) (c), except that it does not include any entity whose employees’ compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of Wisconsin System.

AB50,864,15 (f) “Family leave” means leave from employment taken for any of the reasons under s. 103.10 (3) (b) 1. to 7.

AB50,864,17 (g) “Insurer” means a company that issues an insurance policy to an employer to provide leave benefits under this section.

AB50,864,18 (h) “Leave benefits” means benefits provided under sub. (2).

AB50,864,20 (i) “Medical leave” means leave from employment taken for any of the reasons under s. 103.10 (4).

AB50,865,2 (2) Paid benefit requirement. Each employer shall provide paid leave benefits to their employees for up to 8 weeks of family and medical leave in the amount specified in sub. (3). Employees shall be paid leave benefits for consecutive family and medical leave or intermittent family leave and medical leave at the employee’s sole discretion.

AB50,865,4 (3) Benefit amount. The amount of leave benefits for a week for which those benefits are payable is as follows:

AB50,865,8 (a) For the amount of the employee's average weekly earnings that are not more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 90 percent of that individual's average weekly earnings.

AB50,865,11 (b) For the amount of the employee’s average weekly earnings that are more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 50 percent of that employee’s average weekly earnings.

AB50,865,13 (4) Insurance. (a) An employer may contract with an insurance company to provide coverage for the leave benefits required under sub. (2).

AB50,865,16 (b) Employers may not deduct any fees from employee compensation for the cost of insurance coverage or otherwise charge employees for the cost of insurance coverage under this subsection.

AB50,865,18 (c) Insurance policies for leave benefits shall allow for employees to seek arbitration following a denial of leave benefits by the insurer.

AB50,865,21 (5) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, an employer shall do all of the following:

AB50,866,3 (a) At the time an individual files a claim for leave 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.

AB50,866,9 (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. If the employer has contracted with an insurer, the employer shall direct the insurer to follow the provisions of this paragraph.

AB50,866,21 (6) Denial of benefits; appeals. An employer or an insurer that provides benefits under a policy under sub. (4) shall provide an employee with the reason for a denial for a claim for leave benefits whether in whole or in part, with information for the employee to file an appeal with the department. An employee whose claim for leave benefits under this section has been denied in whole or in part by their employer or their employer’s insurer may file a complaint with the department after receiving a final denial from their employer or their employer’s insurer. 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 the employer or insurer should have paid leave benefits, the department may order the employer or insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay reasonable actual attorney fees to the employee.

AB50,866,23 (7) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB50,867,4 (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.

AB50,867,8 (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.

AB50,867,13 (8) Notice posted. Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. Any employer that violates this subsection shall forfeit not more than $100 for each violation.