SB45,915,712108.04 (5) (cm) An employee whose work is terminated by an employing unit
13for misconduct by the employee connected with the employee’s work is ineligible to
14receive benefits until 7 weeks have elapsed since the end of the week in which the
15discharge occurs and the employee earns wages after the week in which the
16discharge occurs equal to at least 14 times the employee’s weekly benefit rate under
17s. 108.05 (1) in employment or other work covered by the unemployment insurance
18law of any state or the federal government. For purposes of requalification, the
19employee’s weekly benefit rate shall be the rate that would have been paid had the
20discharge not occurred. The wages paid to an employee by an employer which
21terminates employment of the employee for misconduct connected with the
22employee’s employment shall be excluded from the employee’s base period wages
23under s. 108.06 (1) for purposes of benefit entitlement. This subsection paragraph
24does not preclude an employee who has employment with an employer other than

1the employer which terminated the employee for misconduct from establishing a
2benefit year using the base period wages excluded under this subsection paragraph
3if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The
4department shall charge to the fund’s balancing account any benefits otherwise
5chargeable to the account of an employer that is subject to the contribution
6requirements under ss. 108.17 and 108.18 from which base period wages are
7excluded under this subsection paragraph.

SB45,915,158(am) For purposes of this subsection, “misconduct” means one or more actions
9or conduct evincing such willful or wanton disregard of an employer’s interests as is
10found in deliberate violations or disregard of standards of behavior which an
11employer has a right to expect of his or her employees, or in carelessness or
12negligence of such degree or recurrence as to manifest culpability, wrongful intent,
13or evil design of equal severity to such disregard, or to show an intentional and
14substantial disregard of an employer’s interests, or of an employee’s duties and
15obligations to his or her employer.

SB45,915,1716(bm) In addition to the conduct described in par. (am), “misconduct” includes
17all of the following:

SB45,916,420108.04 (5) (bm) 5. Absenteeism by an employee on more than 2 occasions
21within the 120-day period before the date of the employee’s termination, unless
22otherwise specified by his or her employer in an employment manual of which the
23employee has acknowledged receipt with his or her signature, or excessive tardiness
24by an employee in violation of a policy of the employer that has been communicated

1to the employee, if the employee does not provide to his or her employer both notice
2and one or more valid reasons for the absenteeism or tardiness. For purposes of this
3subdivision, an employee’s notice and reason for an occasion of absenteeism or
4tardiness shall be analyzed under the standard specified in par. (am).

SB45,916,1157. Unless directed by the employer, a willful and deliberate violation of a
6written and uniformly applied standard or regulation of the federal government or
7a state or Indian tribal government by an employee of an employer that is licensed
8or certified by a governmental agency, which standard or regulation has been
9communicated by the employer to the employee and which violation would cause the
10employer to be sanctioned or to have its license or certification suspended by the
11agency.

SB45,916,1814108.04 (5m) Discharge for use of marijuana. (a) Notwithstanding sub.
15(5), “misconduct,” for purposes of sub. (5), does not include the employee’s use of
16marijuana off the employer’s premises during nonworking hours or a violation of
17the employer’s policy concerning such use, unless termination of the employee
18because of that use is permitted under s. 111.35.

SB45,916,2219(b) Notwithstanding sub. (5g), “substantial fault,” for purposes of sub. (5g),
20does not include the employee’s use of marijuana off the employer’s premises during
21nonworking hours or a violation of the employer’s policy concerning such use, unless
22termination of the employee because of that use is permitted under s. 111.35.

SB45,917,924108.04 (7) (e) Paragraph (a) does not apply if the department determines that

1the employee accepted work that the employee could have failed to accept under sub.
2(8) and terminated the work on the same grounds and within the first 30 calendar
3days 10 weeks after starting the work, or that the employee accepted work that the
4employee could have refused under sub. (9) and terminated the work within the
5first 30 calendar days 10 weeks after starting the work. For purposes of this
6paragraph, an employee has the same grounds for voluntarily terminating work if
7the employee could have failed to accept the work under sub. (8) (d) to (em) when it
8was offered, regardless of the reason articulated by the employee for the
9termination.

SB45,917,1412108.04 (7) (t) 2. The employee’s spouse was required by the U.S. armed forces
13his or her employing unit to relocate to a place to which it is impractical for the
14employee to commute.

SB45,918,716108.04 (8) (a) Except as provided in par. (b), if If an employee fails, without
17good cause, to accept suitable work when offered, the employee is ineligible to
18receive benefits until the employee earns wages after the week in which the failure
19occurs equal to at least 6 times the employee’s weekly benefit rate under s. 108.05
20(1) in employment or other work covered by the unemployment insurance law of any
21state or the federal government. For purposes of requalification, the employee’s
22weekly benefit rate shall be that rate which would have been paid had the failure
23not occurred. This paragraph does not preclude an employee from establishing a

1benefit year during a period in which the employee is ineligible to receive benefits
2under this paragraph if the employee qualifies to establish a benefit year under s.
3108.06 (2) (a). Except as provided in par. (b), the The department shall charge to
4the fund’s balancing account any benefits otherwise chargeable to the account of an
5employer that is subject to the contribution requirements under ss. 108.17 and
6108.18 whenever an employee of that employer fails, without good cause, to accept
7suitable work offered by that employer.

SB45,918,1210108.04 (8) (d) (intro.) With respect to the first 6 10 weeks after the employee
11became unemployed, “suitable work,” for purposes of par. (a), means work to which
12all of the following apply:

SB45,918,1914108.04 (8) (dm) With respect to the 7th 11th week after the employee became
15unemployed and any week thereafter, “suitable work,” for purposes of par. (a),
16means any work that the employee is capable of performing, regardless of whether
17the employee has any relevant experience or training, that pays wages that are
18above the lowest quartile of wages for similar work in the labor market area in
19which the work is located, as determined by the department.

SB45,919,621108.04 (11) (bm) The department shall apply any ineligibility under par. (be)
22against benefits and weeks of eligibility for which the claimant would otherwise be
23eligible after the week of concealment and within 6 years after the date of an initial

1determination issued under s. 108.09 finding that a concealment occurred. The
2claimant shall not receive waiting period credit under sub. (3) for the period of
3ineligibility applied under par. (be). If no benefit rate applies to the week for which
4the claim is made, the department shall use the claimant’s benefit rate for the
5claimant’s next benefit year beginning after the week of concealment to determine
6the amount of the benefit reduction.