SB70-AA1,99,1713
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.
SB70-AA1,210
18Section
210. 103.10 (10) of the statutes is amended to read:
SB70-AA1,99,2419
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.
SB70-AA1,211
25Section
211. 103.10 (12) (b) of the statutes is amended to read:
SB70-AA1,100,10
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.
SB70-AA1,212
11Section
212. 103.10 (12) (c) of the statutes is amended to read:
SB70-AA1,100,1812
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.
SB70-AA1,213
19Section
213. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
SB70-AA1,214
20Section
214. 103.10 (14) (b) of the statutes is repealed.
SB70-AA1,215
21Section
215. 103.105 of the statutes is created to read:
SB70-AA1,100,23
22103.105 Family and medical leave benefits insurance program. (1) 23Definitions. In this section:
SB70-AA1,101,3
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.
SB70-AA1,101,154
(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.
SB70-AA1,101,1916
(c) “Covered individual" means an employee who satisfies s. 103.10 (2) (c), or
17a self-employed individual who elects coverage under sub. (2), regardless of whether
18the individual is employed or unemployed at the time the individual files an
19application for family or medical leave insurance benefits.
SB70-AA1,101,2020
(d) “Employee" has the meaning given in s. 103.10 (1) (b).
SB70-AA1,101,2121
(e) “Employer" has the meaning given in s. 103.10 (1) (c).
SB70-AA1,101,2422
(f) “Family leave" means an individual's leave from employment,
23self-employment, or availability for employment for a reason specified in s. 103.10
24(3) (b) 1. to 7. or 103.11 (4).
SB70-AA1,102,2
1(g) “Family or medical leave insurance benefits" means benefits payable under
2this section from the family and medical leave benefits insurance trust fund.
SB70-AA1,102,43
(h) “Medical leave” means leave from employment, self-employment, or
4availability for employment for any of the reasons in s. 103.10 (4).
SB70-AA1,102,75
(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.
SB70-AA1,102,108
(j) “State annual median wage" means the median hourly wage for all
9occupations in this state in a calendar year, as determined by the bureau of labor
10statistics of the U.S. department of labor, multiplied by 2,080.
SB70-AA1,102,22
11(2) Election by self-employed individual. A self-employed individual may
12elect to be covered under this section by filing a written notice of election with the
13department in a form and manner prescribed by the department by rule. An initial
14election under this subsection becomes effective on the date on which the notice of
15election is filed, shall be for a period of not less than 3 years, and may be renewed for
16subsequent one-year periods by the filing of a written notice with the department
17that the self-employed individual intends to continue his or her coverage under this
18section. A self-employed individual who elects coverage under this section may
19withdraw that election no earlier than 3 years after the date of the initial election or
20at such other times as the department may prescribe by rule by providing notice of
21that withdrawal to the department not less than 30 days before the expiration date
22of the election.
SB70-AA1,103,2
23(3) Eligibility for benefits. (a) Except as otherwise provided in sub. (6), a
24covered individual who is on family leave or medical leave is eligible to receive family
1or medical leave insurance benefits in the amount specified in sub. (4) and for the
2duration specified in sub. (5).
SB70-AA1,103,143
(b) To receive family or medical leave insurance benefits, a covered individual
4shall file a claim for those benefits within the time and in the manner that the
5department prescribes by rule. On receipt of a claim for family or medical leave
6insurance benefits, the department may request from the individual's employer or
7from the self-employed individual any information necessary for the department to
8determine the individual's eligibility for those benefits and the amount and duration
9of those benefits. The employer or self-employed individual shall provide that
10information to the department within the time and in the manner that the
11department prescribes by rule. If the department determines that a covered
12individual is eligible to receive family or medical leave insurance benefits, the
13department shall provide those benefits to the individual as provided in subs. (4) and
14(5).
SB70-AA1,103,17
15(4) Amount of benefits. Except as provided in sub. (6), the amount of family
16or medical leave insurance benefits payable for a week shall be based upon the
17covered individual's average weekly earnings, as follows:
SB70-AA1,103,2118
(a) For the amount of the covered individual's average weekly earnings that are
19less than 50 percent of the state annual median wage in the calendar year before the
20covered individual's application year, 90 percent of the covered individual's average
21weekly earnings.
SB70-AA1,103,2522
(b) For the amount of the covered individual's average weekly earnings that are
23more than or equal to 50 percent of the state annual median wage in the calendar
24year before the covered individual's application year, 50 percent of the covered
25individual's average weekly earnings.
SB70-AA1,104,4
1(5) Duration of benefits. The maximum number of weeks for which family or
2medical leave insurance benefits are payable in an application year is 12 weeks. A
3covered individual may be paid family or medical leave insurance benefits
4continuously, or at the option of the covered individual, intermittently.
SB70-AA1,104,12
5(6) Employer exemption from participation in paid family and medical leave
6benefits insurance program. (a) If an employer provides family and medical leave
7benefits that are identical to or more generous than benefits provided under this
8section, the employer may elect to not participate in the paid family and medical
9leave benefits insurance program under this section. If the department grants an
10exemption under this subsection, the employer shall pay benefits that are at least
11identical to benefits under this section, and an employee is entitled to be paid those
12benefits.