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1. The mental injury must satisfy all of the following conditions:
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a. The diagnosis of post-traumatic stress disorder is made by a licensed
11psychiatrist or psychologist.
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b. The conditions of liability under s. 102.03 (1) are proven by the
13preponderance of the evidence.
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2. The mental injury may not be a result of any of the following actions taken
15in good faith by the employer:
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a. A disciplinary action.
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b. A work evaluation.
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c. A job transfer.
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e. A demotion.
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f. A termination.
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3. The diagnosis does not need to be based on unusual stress of greater
23dimensions than the day-to-day emotional strain and tension experienced by
24similarly situated employees.
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1(c) No individual may receive compensation for a claim of mental injury under
2this subsection more than 3 times in his or her lifetime. The limitation under this
3paragraph applies irrespective of whether the individual becomes employed by a
4different employer or in a different position with the same employer.
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5Section 6
. 102.29 (6m) (a) 1m. of the statutes is created to read:
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102.29
(6m) (a) 1m. The employee leasing company that employs the leased
7employee.
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8Section 7
. 102.29 (6m) (a) 3. of the statutes is amended to read:
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102.29
(6m) (a) 3. Any employee of the client
or, any employee of
that other
an 10employee leasing company
described in subd. 2., or the employee leasing company
11that employs the leased employee, unless the leased employee who has the right to
12make a claim for compensation would have a right under s. 102.03 (2) to bring an
13action against the employee of the client
, the employee leasing company that
14employs the leased employee, or the leased employee of the
other employee leasing
15company
described in subd. 2., if the employees and leased employees were
16coemployees.
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17Section 8
. 102.315 (1) (c) of the statutes is amended to read:
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102.315
(1) (c) “Divided workforce" means a workforce in which some of the
19employees of a client are leased employees and some of the employees of the client
20are not leased employees
, but does not include a workforce with respect to a client
21that has elected to provide insurance coverage for leased employees under sub. (2m).
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22Section 9
. 102.315 (2) of the statutes is amended to read:
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102.315
(2) Employee leasing company liable. An Except as otherwise
24provided in an employee leasing agreement that meets the requirements of sub.
25(2m), an employee leasing company is liable under s. 102.03 for all compensation
1payable under this chapter to a leased employee, including any payments required
2under s. 102.16 (3), 102.18 (1) (b) 3. or (bp), 102.22 (1), 102.35 (3), 102.57, or 102.60.
3If a client that makes an election under sub. (2m) (a) terminates the election, fails
4to provide the required coverage, or allows coverage to lapse, the employee leasing
5company is liable under s. 102.03 as set forth in this subsection. Except as
permitted 6allowed under s. 102.29, an employee leasing company may not seek or receive
7reimbursement from another employer for any payments made as a result of that
8liability. An employee leasing company is not liable under s. 102.03 for any
9compensation payable under this chapter to an employee of a client who is not a
10leased employee.
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11Section 10
. 102.315 (2e) of the statutes is created to read:
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102.315
(2e) Termination of employee leasing agreement. If an employee
13leasing company terminates an employee leasing agreement with a client that has
14made an election under sub. (2m) (a), the company shall provide notice of the
15termination of an employee leasing agreement to the department and the client, on
16a form prescribed by the department, at least 30 days before the termination of the
17employee leasing agreement. The notice provided under this subsection must
18contain all of the following information:
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(a) The name, mailing address, and federal employer identification number of
20the employee leasing company.
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(b) The name, mailing address, and federal employer identification number of
22the client.
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(c) The effective date of the termination of the employee leasing agreement.
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(d) The signatures of the authorized representatives of the client and the
25employee leasing company.
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1Section
11. 102.315 (2m) of the statutes is created to read:
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102.315
(2m) Client election to provide insurance coverage. (a) A client
3may elect to provide insurance coverage under this chapter for leased employees.
4Such an election must be provided in an employee leasing agreement, and the leased
5employees must be insured in the voluntary market and not under a mandatory
6risk-sharing plan under s. 619.01.
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(b) The client shall provide notice of an election or termination of an election
8under par. (a) to the department and the employee leasing company on a form
9prescribed by the department at least 30 days before the effective date of the election
10or termination of the election. The notice provided under this subsection must
11contain all of the following information: