Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1156 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-1335/1
2	2	MIM:wlj&amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1156
5	5	March 6, 2024 - Introduced by Representatives HONG, HAYWOOD, JOERS, CONLEY, C.
6	6	ANDERSON, MOORE OMOKUNDE, SNODGRASS, STUBBS, CLANCY, OHNSTAD,
7	7	MADISON, SINICKI, BALDEH, EMERSON, NEUBAUER, SHELTON, BARE, PALMERI,
8	8	VINING, RATCLIFF, CONSIDINE, ANDRACA, J. ANDERSON, SUBECK and BILLINGS,
9	9	cosponsored by Senators L. JOHNSON, ROYS, HESSELBEIN, WIRCH, PFAFF,
10	10	SPREITZER, AGARD, SMITH, CARPENTER and LARSON. Referred to Committee on
11	11	Insurance.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to repeal 103.10 (1) (a) 1., 103.10 (1) (a) 2., 103.10 (1m) and 103.10 (14)
14	14	(b); to renumber and amend 103.10 (1) (a) (intro.); to amend 103.10 (1) (b),
15	15	103.10 (1) (c), 103.10 (3) (a) 1., 103.10 (3) (a) 3., 103.10 (3) (b) 1., 103.10 (3) (b)
16	16	2., 103.10 (3) (b) 3., 103.10 (6) (b) (intro.), 103.10 (6) (b) 1., 103.10 (7) (a), 103.10
17	17	(7) (b) (intro.), 103.10 (7) (b) 1., 103.10 (12) (c), 103.10 (14) (a), 103.12 (2), 103.12
18	18	(3), 111.322 (2m) (a), 111.322 (2m) (b) and 227.03 (2); to repeal and recreate
19	19	165.68 (1) (a) 3.; and to create 20.445 (1) (w), 25.17 (1) (er), 25.52, 103.10 (1)
20	20	(an), 103.10 (1) (ao), 103.10 (1) (db), 103.10 (1) (dm), 103.10 (1) (dp), 103.10 (1)
21	21	(gm), 103.10 (1) (gr), 103.10 (1) (j), 103.10 (3) (b) 4., 103.10 (3) (b) 5., 103.10 (3)
22	22	(b) 6., 103.10 (3) (b) 7., 103.10 (3) (b) 8., 103.10 (6) (c), 103.10 (7) (d), 103.10 (8m),
23	23	103.10 (11) (d), 103.10 (14) (c) and (d), 103.105 and 103.12 (4) of the statutes;
24	24	relating to: the establishment of a family and medical leave insurance
25	25	program; family leave to care for a family member and for the active duty of a
26	26	family member; the employers that must allow an employee to take family or
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40	40	14 - 2 -2023 - 2024 Legislature LRB-1335/1
41	41	MIM:wlj&amn
42	42	ASSEMBLY BILL 1156
43	43	medical leave; allowing a local government to adopt ordinances requiring
44	44	employers to provide leave benefits; providing an exemption from emergency
45	45	rule procedures; providing an exemption from rule-making procedures;
46	46	granting rule-making authority; making an appropriation; and providing a
47	47	penalty.
48	48	Analysis by the Legislative Reference Bureau
49	49	Introduction
50	50	This bill does all of the following: expands the family and medical leave law to
51	51	allow an employee covered under that law to take family leave to care for a family
52	52	member and for the active duty of a family member; lowers the threshold number of
53	53	employees above which an employer must allow an employee to take family or
54	54	medical leave; and establishes a family and medical leave insurance program under
55	55	which certain covered individuals may receive benefits while taking family or
56	56	medical leave. The bill defines “family member” as a spouse or domestic partner of
57	57	an employee or self-employed individual; a parent, child, sibling, brother-in-law,
58	58	sister-in-law, grandparent, stepgrandparent, or grandchild of an employee or
59	59	self-employed individual, or of an employee's or self-employed individual's spouse
60	60	or domestic partner; or any other person who is related by blood, marriage, or
61	61	adoption to an employee or self-employed individual, or to an employee's or
62	62	self-employed individual's spouse or domestic partner, and whose close association
63	63	with the employee, self-employed individual, spouse, or domestic partner makes the
64	64	person the equivalent of a family member of the employee, self-employed individual,
65	65	spouse, or domestic partner.
66	66	Family and medical leave expansion
67	67	Under current law, an employer, including the state, that employs at least 50
68	68	individuals on a permanent basis in this state must allow an employee who has been
69	69	employed by the employer for more than 52 consecutive weeks and who has worked
70	70	for the employer for at least 1,000 hours during the preceding 52 weeks to take up
71	71	to eight weeks of family leave in a 12-month period for the birth or adoptive
72	72	placement of a child or to care for a child, spouse, domestic partner, or parent of the
73	73	employee or a parent of the spouse or domestic partner of the employee who has a
74	74	serious health condition and up to two weeks of medical leave in a 12-month period
75	75	when the employee has a serious health condition that makes the employee unable
76	76	to perform the employee's employment duties.
77	77	The bill expands the definition of “family leave” to include leave to obtain
78	78	services or care for, to move the residence of, or to prepare for a civil or criminal action
79	79	for an employee or the employee's family member who is a victim of domestic abuse,
80	80	sexual abuse, or stalking.
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88	88	ASSEMBLY BILL 1156
89	89	The bill requires an employer, including the state, to allow an employee to take
90	90	family leave for up to 12 weeks for the birth, adoption, or placement of a child for
91	91	foster care and up to 14 weeks in the aggregate for any kind of family leave. The bill
92	92	also allows an employee to take family leave as provided under current law to care
93	93	for a family member of the employee who has a serious health condition. In addition,
94	94	the bill requires an employer to allow an employee to take family leave because of any
95	95	qualifying exigency, as determined by the Department of Workforce Development by
96	96	rule, arising out of the fact that the family member of the employee is on deployment
97	97	with the U.S. armed forces on covered active duty or has been notified of an
98	98	impending call or order to covered active duty.
99	99	Family and medical leave insurance program
100	100	The bill creates a family and medical leave insurance program, to be
101	101	administered by DWD, under which a covered individual who is on family or medical
102	102	leave is eligible, beginning on January 1, 2026, to receive up to 12 weeks of family
103	103	or medical leave insurance benefits as specified in the bill from the family and
104	104	medical leave insurance trust fund created under the bill. For purposes of the bill:
105	105	1. A “covered individual" is an individual who worked for any employer and
106	106	earned at least $1,000 in the calendar year prior to the year in which the covered
107	107	individual claims family or medical leave insurance benefits (application year) or a
108	108	self-employed individual who elects coverage under the program, regardless of
109	109	whether the individual is employed or unemployed at the time the individual files
110	110	an application for family or medical leave insurance benefits.
111	111	2. “Family leave" means leave from employment, self-employment, or
112	112	availability for employment for the birth, adoptive placement, foster placement, or
113	113	pre-placement activities of a child; to care for a family member who has a serious
114	114	health condition; because of any qualifying exigency arising out of the fact that the
115	115	family member is on covered active duty or has been notified of an impending call or
116	116	order to covered active duty; to obtain services or care for, to move the residence of,
117	117	or to prepare for a civil or criminal action for an employee or family member who is
118	118	a victim of domestic abuse, sexual abuse, or stalking; or for bone marrow and organ
119	119	donation.
120	120	3. “Medical leave" means leave from employment when a covered individual
121	121	has a serious health condition that makes the individual unable to perform his or her
122	122	employment duties, leave from self-employment when a covered individual has a
123	123	serious health condition that makes the individual unable to perform the duties of
124	124	his or her self-employment, or leave from availability for employment when a
125	125	covered individual has a serious health condition that makes the individual unable
126	126	to perform the duties of any suitable employment.
127	127	Under the bill, the amount of family or medical leave insurance benefits for a
128	128	week for which those benefits are payable is as follows:
129	129	1. For a covered individual, for the amount of the individual's wages that are
130	130	up to 50 percent of the state average weekly wages in the calendar year before the
131	131	individual's application year, 90 percent of that individual's average weekly
132	132	earnings. - 4 -2023 - 2024 Legislature LRB-1335/1
133	133	MIM:wlj&amn
134	134	ASSEMBLY BILL 1156
135	135	2. For a covered individual, for the amount of the individual's wages that are
136	136	more than 50 percent of the state average weekly earnings in the calendar year
137	137	before the individual's application year, 50 percent of that individual's average
138	138	weekly earnings.
139	139	The weekly benefits payable to a covered individual cannot exceed the state
140	140	average weekly wages.
141	141	In addition, the bill provides that family or medical leave insurance benefits are
142	142	payable beginning on the first day of family or medical leave. The bill also provides
143	143	that no family or medical leave insurance benefits are payable for any period of
144	144	family or medical leave in which a covered individual is receiving unemployment
145	145	benefits or worker's compensation benefits.
146	146	Beginning on January 1, 2025, the bill requires each individual employed in
147	147	this state, including an individual employed by the state, and each self-employed
148	148	individual who elects coverage under the family and medical leave insurance
149	149	program to contribute to the trust fund a percentage of his or her wages from
150	150	employment or income from self-employment determined by DWD in consultation
151	151	with the commissioner of insurance that is sufficient to finance the payments of
152	152	benefits under the program and the administration of the program. The bill requires
153	153	DWD to collect those contributions in the same manner as DWD collects
154	154	contributions to the unemployment reserve fund under current law. Under the bill,
155	155	an employer with more than 50 employees must contribute one-half of the
156	156	employee-required contribution. The bill requires DWD to implement tiered rates
157	157	for contributions by an employer with 50 or fewer employees.
158	158	The bill further does the following:
159	159	1. Allows a covered individual whose claim for family or medical leave
160	160	insurance benefits is denied by DWD, or who believes the amount of approved
161	161	benefits is less than what the individual is entitled to, to request a hearing on the
162	162	denial or benefits approved and requires DWD to process the request for hearing in
163	163	the same manner that requests for hearings on unemployment insurance claims are
164	164	processed under current law.
165	165	2. Requires employers to place employees who return from family or medical
166	166	leave, and who received family or medical leave insurance benefits, in the same
167	167	position or a similar position upon returning from leave and to maintain any health
168	168	insurance coverage that was in place before the employee took the leave.
169	169	3. Allows DWD to seek repayment of family or medical leave insurance benefits
170	170	that are paid erroneously or as a result of willful misrepresentation in the same
171	171	manner that DWD recovers erroneous payments of unemployment insurance
172	172	benefits under current law or to waive recovery of an erroneous payment of those
173	173	benefits if the erroneous payment was not the fault of the individual who received
174	174	it and if requiring repayment would be contrary to equity and good conscience.
175	175	4. Provides that if an individual willfully makes a false statement or
176	176	representation, or willfully fails to disclose a material fact, to obtain family or
177	177	medical leave insurance benefits, the individual is disqualified from receiving those
178	178	benefits for up to one year after the date of the disqualification. - 5 -2023 - 2024 Legislature
179	179	LRB-1335/1
180	180	MIM:wlj&amn
181	181	ASSEMBLY BILL 1156
182	182	Finally, the bill allows a city, village, town, or county to enact and enforce
183	183	ordinances requiring employers to provide leave from employment to their
184	184	employees if those ordinances are more generous than those provided under state
185	185	law.
186	186	For further information see the state and local fiscal estimate, which will be
187	187	printed as an appendix to this bill.
188	188	The people of the state of Wisconsin, represented in senate and assembly, do
189	189	enact as follows:
190	190	SECTION 1. 20.445 (1) (w) of the statutes is created to read:
191	191	20.445 (1) (w) Family and medical leave insurance trust fund. From the family
192	192	and medical leave insurance trust fund, all moneys deposited in that fund under s.
193	193	103.105 (9) for the payments of family or medical leave insurance benefits under s.
194	194	103.105 (3) and for the administration of the family and medical leave insurance
195	195	program under s. 103.105.
196	196	SECTION 2. 25.17 (1) (er) of the statutes is created to read:
197	197	25.17 (1) (er) Family and medical leave insurance trust fund (s. 25.52);
198	198	SECTION 3. 25.52 of the statutes is created to read:
199	199	25.52 Family and medical leave insurance trust fund. There is created
200	200	a separate nonlapsible trust fund designated as the family and medical leave
201	201	insurance trust fund, to consist of all moneys deposited in that fund under s. 103.105
202	202	(9).
203	203	SECTION 4. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a)
204	204	and amended to read:
205	205	103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, a
206	206	child for whom the individual stood or stands in the place of a parent, or a legal ward
207	207	to whom any of the following applies:.
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227	227	SECTION 5 ASSEMBLY BILL 1156
228	228	SECTION 5. 103.10 (1) (a) 1. of the statutes is repealed.
229	229	SECTION 6. 103.10 (1) (a) 2. of the statutes is repealed.
230	230	SECTION 7. 103.10 (1) (an) of the statutes is created to read:
231	231	103.10 (1) (an) “Covered active duty" means any of the following:
232	232	1. For a member of a regular component of the U.S. armed forces, duty during
233	233	the deployment of the member with the U.S. armed forces.
234	234	2. For a member of a reserve component of the U.S. armed forces, duty during
235	235	the deployment of the member with the U.S. armed forces under a call or order to
236	236	active duty under a provision of law specified in 10 USC 101 (a) (13) (B).
237	237	SECTION 8. 103.10 (1) (ao) of the statutes is created to read:
238	238	103.10 (1) (ao) “Domestic abuse” has the meaning given in s. 968.075 (1) (a).
239	239	SECTION 9. 103.10 (1) (b) of the statutes is amended to read:
240	240	103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee"
241	241	means an individual employed in this state by an employer, except the employer's
242	242	parent, spouse, domestic partner, or child.
243	243	SECTION 10. 103.10 (1) (c) of the statutes is amended to read:
244	244	103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer" “Employer”
245	245	means a person engaging in any activity, enterprise, or business in this state
246	246	employing at least 50 individuals on a permanent basis. “Employer" includes the
247	247	state and any office, department, independent agency, authority, institution,
248	248	association, society, or other body in state government created or authorized to be
249	249	created by the constitution or any law, including the legislature and the courts.
250	250	SECTION 11. 103.10 (1) (db) of the statutes is created to read:
251	251	103.10 (1) (db) “Family member” means a spouse or domestic partner of an
252	252	employee; a parent, child, sibling, brother-in-law, sister-in-law, grandparent,
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280	280	SECTION 11
281	281	ASSEMBLY BILL 1156
282	282	stepgrandparent, or grandchild of an employee or of an employee's spouse or
283	283	domestic partner; or any other person who is related by blood, marriage, or adoption
284	284	to an employee or to an employee's spouse or domestic partner or whose close
285	285	association with the employee, spouse, or domestic partner makes the person the
286	286	equivalent of a family member of the employee, spouse, or domestic partner.
287	287	SECTION 12. 103.10 (1) (dm) of the statutes is created to read:
288	288	103.10 (1) (dm) “Grandchild" means the child of a child.
289	289	SECTION 13. 103.10 (1) (dp) of the statutes is created to read:
290	290	103.10 (1) (dp) “Grandparent" means the parent of a parent.
291	291	SECTION 14. 103.10 (1) (gm) of the statutes is created to read:
292	292	103.10 (1) (gm) “Sexual abuse” means conduct that is in violation of s. 940.225,
293	293	944.30 (1m), 948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or
294	294	948.10 or that is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
295	295	SECTION 15. 103.10 (1) (gr) of the statutes is created to read:
296	296	103.10 (1) (gr) “Sibling" means a brother, sister, half brother, half sister,
297	297	stepbrother, or stepsister, whether by blood, marriage, foster status, or adoption.
298	298	SECTION 16. 103.10 (1) (j) of the statutes is created to read:
299	299	103.10 (1) (j) “Stalking” means to engage in a course of conduct, as defined in
300	300	s. 940.32 (1) (a), that meets the criteria of s. 940.32 (2) (a).
301	301	SECTION 17. 103.10 (1m) of the statutes is repealed.
302	302	SECTION 18. 103.10 (3) (a) 1. of the statutes is amended to read:
303	303	103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 12
304	304	weeks of family leave under par. (b) 1. and, 2., and 4. to 8.
305	305	SECTION 19. 103.10 (3) (a) 3. of the statutes is amended to read:
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331	331	SECTION 19 ASSEMBLY BILL 1156
332	332	103.10 (3) (a) 3. In a 12-month period no employee may take more than 8 14
333	333	weeks of family leave for any combination of reasons specified under par. (b).
334	334	SECTION 20. 103.10 (3) (b) 1. of the statutes is amended to read:
335	335	103.10 (3) (b) 1. The birth of the employee's natural child, if the leave begins
336	336	within 16 52 weeks of the child's birth.
337	337	SECTION 21. 103.10 (3) (b) 2. of the statutes is amended to read:
338	338	103.10 (3) (b) 2. The placement of a child with the employee for adoption or as
339	339	a precondition to adoption under s. 48.90 (2), but not both, or for foster care, including
340	340	pre-placement activities, if the leave begins within 16 52 weeks of the child's
341	341	placement.
342	342	SECTION 22. 103.10 (3) (b) 3. of the statutes is amended to read:
343	343	103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or
344	344	parent, family member if the child, spouse, domestic partner, or parent family
345	345	member has a serious health condition.
346	346	SECTION 23. 103.10 (3) (b) 4. of the statutes is created to read:
347	347	103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the
348	348	department by rule, arising out of the fact that the family member of the employee
349	349	is on covered active duty or has been notified of an impending call or order to covered
350	350	active duty.
351	351	SECTION 24. 103.10 (3) (b) 5. of the statutes is created to read:
352	352	103.10 (3) (b) 5. Because the employee or the employee's family member is the
353	353	victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
354	354	to seek medical attention or obtain psychological or other counseling for the
355	355	employee or the employee's family member to recover from any health condition
356	356	caused by domestic abuse, sexual abuse, or stalking.
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384	384	SECTION 25
385	385	ASSEMBLY BILL 1156
386	386	SECTION 25. 103.10 (3) (b) 6. of the statutes is created to read:
387	387	103.10 (3) (b) 6. Because the employee or the employee's family member is the
388	388	victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
389	389	to obtain services for the employee or the employee's family member from an
390	390	organization that provides services to victims of domestic abuse, sexual abuse, or
391	391	stalking.
392	392	SECTION 26. 103.10 (3) (b) 7. of the statutes is created to read:
393	393	103.10 (3) (b) 7. Because the employee or the employee's family member is the
394	394	victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
395	395	to relocate the residence of the employee or the employee's family member due to
396	396	domestic abuse, sexual abuse, or stalking.
397	397	SECTION 27. 103.10 (3) (b) 8. of the statutes is created to read:
398	398	103.10 (3) (b) 8. Because the employee or the employee's family member is the
399	399	victim of domestic abuse, stalking, or sexual abuse, and the employee is using leave
400	400	to initiate, prepare for, or testify, assist, or otherwise participate in any civil or
401	401	criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.
402	402	SECTION 28. 103.10 (6) (b) (intro.) of the statutes is amended to read:
403	403	103.10 (6) (b) (intro.) If an employee intends to take family leave because of the
404	404	planned medical treatment or supervision of a child, spouse, domestic partner, or
405	405	parent family member or intends to take medical leave because of the planned
406	406	medical treatment or supervision of the employee, the employee shall do all of the
407	407	following:
408	408	SECTION 29. 103.10 (6) (b) 1. of the statutes is amended to read:
409	409	103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
410	410	or supervision so that it does not unduly disrupt the employer's operations, subject
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437	437	SECTION 29 ASSEMBLY BILL 1156
438	438	to the approval of the health care provider of the child, spouse, domestic partner,
439	439	parent, family member or employee.
440	440	SECTION 30. 103.10 (6) (c) of the statutes is created to read:
441	441	103.10 (6) (c) If an employee intends to take leave under sub. (3) (b) 4. that is
442	442	foreseeable because the family member of the employee is on covered active duty or
443	443	has been notified of an impending call or order to covered active duty, the employee
444	444	shall provide notice of that intention to the employer in a reasonable and practicable
445	445	manner.
446	446	SECTION 31. 103.10 (7) (a) of the statutes is amended to read:
447	447	103.10 (7) (a) If an employee requests family leave for a reason described in sub.
448	448	(3) (b) 3. or requests medical leave, the employer may require the employee to provide
449	449	certification, as described in par. (b), issued by the health care provider or Christian
450	450	Science practitioner of the child, spouse, domestic partner, parent, family member
451	451	or employee, whichever is appropriate.
452	452	SECTION 32. 103.10 (7) (b) (intro.) of the statutes is amended to read:
453	453	103.10 (7) (b) (intro.) No employer may require certification under par. (a)
454	454	stating more than the following:
455	455	SECTION 33. 103.10 (7) (b) 1. of the statutes is amended to read:
456	456	103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, family
457	457	member or employee has a serious health condition.
458	458	SECTION 34. 103.10 (7) (d) of the statutes is created to read:
459	459	103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
460	460	may require the employee to provide certification that the family member of the
461	461	employee is on covered active duty or has been notified of an impending call or order
462	462	to covered active duty issued at such time and in such manner as the department may
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490	490	SECTION 34
491	491	ASSEMBLY BILL 1156
492	492	prescribe by rule, and the employee shall provide a copy of that certification to the
493	493	employer in a timely manner.
494	494	SECTION 35. 103.10 (8m) of the statutes is created to read:
495	495	103.10 (8m) SELF-ATTESTATION FOR VICTIM OF DOMESTIC ABUSE, SEXUAL ABUSE, OR
496	496	STALKING. If an employee requests leave under sub. (3) (b) 5. to 8., the employer may
497	497	require the employee to provide a self-attestation that the employee or the
498	498	employee's family member is the victim of domestic abuse, sexual abuse, or stalking.
499	499	SECTION 36. 103.10 (11) (d) of the statutes is created to read:
500	500	103.10 (11) (d) No employer may consider leave taken under this section as an
501	501	absence that may lead to or result in discipline, discharge, demotion, suspension, or
502	502	any other adverse action against an employee.
503	503	SECTION 37. 103.10 (12) (c) of the statutes is amended to read:
504	504	103.10 (12) (c) If 2 or more health care providers disagree about any of the
505	505	information required to be certified under sub. (7) (b), the department may appoint
506	506	another health care provider to examine the child, spouse, domestic partner, parent,
507	507	family member or employee and render an opinion as soon as possible. The
508	508	department shall promptly notify the employee and the employer of the
509	509	appointment. The employer and the employee shall each pay 50 percent of the cost
510	510	of the examination and opinion.
511	511	SECTION 38. 103.10 (14) (a) of the statutes is amended to read:
512	512	103.10 (14) (a) Each employer shall post, in one or more conspicuous places
513	513	where notices to employees are customarily posted, a notice in a form approved by
514	514	the department setting forth employees' rights under this section. Each employer
515	515	shall provide such a written notice to each employee upon hiring and annually
516	516	thereafter, when an employee requests leave, and when the employer learns that an
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543	543	SECTION 38 ASSEMBLY BILL 1156
544	544	employee's leave request may be for family or medical leave under this section. Any
545	545	employer who violates this subsection shall forfeit not more than $100 for each
546	546	offense.
547	547	SECTION 39. 103.10 (14) (b) of the statutes is repealed.
548	548	SECTION 40. 103.10 (14) (c) and (d) of the statutes are created to read:
549	549	103.10 (14) (c) The notice required under this subsection shall include all of the
550	550	following:
551	551	1. An employee's right to family or medical leave under this section.
552	552	2. The amount of family or medical leave generally available for employees.
553	553	3. The procedure for requesting family or medical leave.
554	554	4. The prohibition on discriminatory or retaliatory personnel actions against
555	555	a person for requesting or taking family or medical leave.
556	556	5. An employee's right to file a complaint for violations of this section.
557	557	(d) The notice required under this subsection shall be provided in English, the
558	558	language typically used in communications between the employer and an individual
559	559	employee, and any other language that is the primary language of at least 20 percent
560	560	of employees at a workplace.
561	561	SECTION 41. 103.105 of the statutes is created to read:
562	562	103.105 Family and medical leave insurance program. (1) DEFINITIONS.
563	563	In this section:
564	564	(a) “Application year" means the 12-month period beginning on the first day
565	565	of the first calendar week for which family or medical leave insurance benefits are
566	566	claimed by a covered individual.
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592	592	SECTION 41
593	593	ASSEMBLY BILL 1156
594	594	(b) “Average weekly earnings" means one-thirteenth of the earnings from the
595	595	quarter of a covered individual's base period in which the individual's earnings were
596	596	the highest.
597	597	(c) “Base period” means the period that is used to compute a covered
598	598	individual's benefit rights under this section consisting of one of the following:
599	599	1. The first 4 of the 5 most recently completed quarters preceding the first day
600	600	of a covered individual's application year.
601	601	2. If the first quarter of the 5 most recently completed quarters was included
602	602	in the base period applicable to a covered individual's application year, the last 4
603	603	completed calendar quarters.
604	604	3. If a covered individual does not qualify to receive benefits using the period
605	605	described in subd. 1. or 2., the period consisting of the 4 most recently completed
606	606	quarters preceding the individual's application year.
607	607	(d) “Child" means a natural, adopted, or foster child, a stepchild, the child of
608	608	a domestic partner, a child for whom the covered individual stands or stood in the
609	609	place of a parent, or a legal ward.
610	610	(e) “Covered individual" means an individual who worked for any employer or
611	611	employers and earned at least $1,000 during the base period or a self-employed
612	612	individual who elects coverage under sub. (2), regardless of whether the individual
613	613	is employed or unemployed at the time the individual files an application for family
614	614	or medical leave insurance benefits.
615	615	(f) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).
616	616	(g) “Employee" means an individual employed in this state by an employer.
617	617	(h) “Employer" means a person engaging in any activity, enterprise, or business
618	618	in this state. “Employer" includes the state and any office, department, independent
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645	645	SECTION 41 ASSEMBLY BILL 1156
646	646	agency, authority, institution, association, society, or other body in state government
647	647	created or authorized to be created by the constitution or any law, including the
648	648	legislature and the courts.
649	649	(i) “Family leave" means leave from employment, self-employment, or
650	650	availability for employment for a reason specified in s. 103.10 (3) (b) 1. to 8. or 103.11
651	651	(4).
652	652	(j) “Family or medical leave insurance benefits" means family or medical leave
653	653	insurance benefits payable under this section from the family and medical leave
654	654	insurance trust fund.
655	655	(k) “Family member” means a spouse or domestic partner of a covered
656	656	individual; a parent, child, sibling, brother-in-law, sister-in-law, grandparent,
657	657	stepgrandparent, or grandchild of a covered individual or a covered individual's
658	658	spouse or domestic partner; or any other person who is related by blood, marriage,
659	659	or adoption to a covered individual or to a covered individual's spouse or domestic
660	660	partner or whose close association with the covered individual, spouse, or domestic
661	661	partner makes the person the equivalent of a family member of the covered
662	662	individual, spouse, or domestic partner.
663	663	(L) “Grandchild" means the child of a child.
664	664	(m) “Grandparent" means the parent of a parent.
665	665	(n) “Medical leave” means leave from employment, self-employment, or
666	666	availability for employment when a covered individual has a serious health condition
667	667	that makes the individual unable to perform the individual's employment or
668	668	self-employment duties or makes the individual unable to perform the duties of any
669	669	suitable employment.
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696	696	SECTION 41
697	697	ASSEMBLY BILL 1156
698	698	(o) “Parent" means a natural parent, foster parent, adoptive parent,
699	699	stepparent, legal guardian of a covered individual or a covered individual's spouse
700	700	or domestic partner, or individual who stood in the place of a parent when the covered
701	701	individual or the covered individual's spouse or domestic partner was a minor.
702	702	(p) “Self-employed individual” means a sole proprietor, independent
703	703	contractor, partner of a partnership, member of a limited liability company, or other
704	704	self-employed individual engaged in a vocation, profession, or business in this state.
705	705	(q) “Serious health condition" has the meaning given in s. 103.10 (1) (g).
706	706	(r) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or
707	707	stepsister, whether by blood, marriage, adoption, or foster relationship.
708	708	(s) “Spouse" means a covered individual's legal husband or wife.
709	709	(2) ELECTION BY SELF-EMPLOYED INDIVIDUAL. A self-employed individual may
710	710	elect to be covered under this section by filing a written notice of election with the
711	711	department in a form and manner prescribed by the department by rule. An initial
712	712	election under this subsection becomes effective on the date on which the notice of
713	713	election is filed, shall be for a period of not less than 3 years, and may be renewed for
714	714	subsequent one-year periods by the filing of a written notice with the department
715	715	that the self-employed individual intends to continue coverage under this section.
716	716	A self-employed individual who elects coverage under this section may withdraw
717	717	that election no earlier than 3 years after the date of the initial election or at such
718	718	other times as the department may prescribe by rule by providing notice of that
719	719	withdrawal to the department not less than 30 days before the expiration date of the
720	720	election.
721	721	(3) ELIGIBILITY FOR BENEFITS. (a) A covered individual who is on family or
722	722	medical leave is eligible to receive family or medical leave insurance benefits in the
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749	749	SECTION 41 ASSEMBLY BILL 1156
750	750	amount specified in sub. (4) and for the duration specified in sub. (5). No family or
751	751	medical leave insurance benefits are payable for any period of family or medical leave
752	752	for which a covered individual is receiving unemployment insurance benefits under
753	753	ch. 108 or worker's compensation benefits under ch. 102 for a total disability.
754	754	(b) To receive family or medical leave insurance benefits, a covered individual
755	755	shall file a claim for those benefits not more than 60 days before the anticipated start
756	756	date of family or medical leave and not more than 90 days after the start date in the
757	757	manner that the department prescribes by rule. The department may waive the
758	758	90-day deadline for good cause. On receipt of a claim for family or medical leave
759	759	insurance benefits, the department may request from the employee's employer or
760	760	from the self-employed individual any information necessary for the department to
761	761	determine the individual's eligibility for those benefits and the amount and duration
762	762	of those benefits. The employer or self-employed individual shall provide that
763	763	information to the department within the time and in the manner that the
764	764	department prescribes by rule. A covered individual is not required to provide exact
765	765	dates of leave on an application for benefits, and the department may modify benefits
766	766	amounts through a claims modification process. If the department determines that
767	767	a covered individual is eligible to receive family or medical leave insurance benefits,
768	768	the department shall provide those benefits to the individual as provided in subs. (4)
769	769	to (6).
770	770	(4) AMOUNT OF BENEFITS. (a) For the purposes of this subsection, average
771	771	weekly earnings shall be calculated as set forth in s. 102.11 (1). Subject to pars. (b)
772	772	and (c), the amount of family or medical leave insurance benefits for a week of leave
773	773	for which those benefits are payable is as follows:
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800	800	SECTION 41
801	801	ASSEMBLY BILL 1156
802	802	1. For the amount of the covered individual's average weekly earnings that are
803	803	up to 50 percent of the state average weekly earnings as determined under s. 108.05,
804	804	90 percent of that individual's average weekly earnings.
805	805	2. For the amount of the covered individual's average weekly earnings that are
806	806	more than 50 percent of the state average weekly earnings as determined under s.
807	807	108.05, 50 percent of that individual's average weekly earnings.
808	808	(b) The amount of family or medical leave insurance benefits for a fractional
809	809	week of leave for which those benefits are payable is one-seventh of the covered
810	810	individual's weekly benefit amount under par. (a), multiplied by the number of days
811	811	of leave taken that week. Family or medical leave insurance benefits are not payable
812	812	for a period of leave of less than one day in duration.
813	813	(c) The maximum weekly benefit amount of a covered individual's family or
814	814	medical leave insurance benefits is the state average weekly earnings, as determined
815	815	under s. 108.05. The department shall annually have the maximum amount of the
816	816	weekly benefit published in the Wisconsin Administrative Register.
817	817	(d) Subject to the maximum amount provided under this subsection, the benefit
818	818	amount for a covered individual shall be based on the proportion of the covered
819	819	individual's typical workweek spent at the employment from which the covered
820	820	individual is taking family or medical leave. A covered individual who has more than
821	821	one employer and who is receiving benefits based on the individual's employment
822	822	with one employer may continue to work and receive pay from another employer.
823	823	(5) DURATION OF BENEFITS. (a) The maximum number of weeks for which family
824	824	or medical leave insurance benefits are payable in an application year is 12 weeks
825	825	for any leave specified under ss. 103.10 (3) (b) 1. to 8 and 103.11 and 14 weeks for any
826	826	combination of leave specified under ss. 103.10 (3) and (4) and 103.11. A covered
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853	853	SECTION 41 ASSEMBLY BILL 1156
854	854	individual may be paid family or medical leave insurance benefits continuously or,
855	855	at the option of the covered individual, intermittently.
856	856	(b) Family or medical leave insurance benefits are payable beginning on the
857	857	first day that a covered individual takes family or medical leave. The first payment
858	858	of family or medical leave insurance benefits shall be made no later than one week
859	859	after a covered individual files a claim for those benefits or within one week of the
860	860	first day the claim is approved, whichever is later. Subsequent payments shall be
861	861	made no less often than semimonthly.
862	862	(6) EMPLOYER-PROVIDED BENEFITS. (a) Nothing in this section prohibits an
863	863	employer from providing employees with rights to family or medical leave insurance
864	864	benefits that are more generous to the employee than the benefits provided under
865	865	this section. Except as provided in par. (b), no employer may require an employee
866	866	to use or exhaust paid leave or other benefits provided by an employer before or while
867	867	receiving benefits under this section. An employee may use any accrued paid leave
868	868	benefits while receiving benefits under this section, unless the aggregate amount of
869	869	money would exceed the employee's average weekly earnings.
870	870	(b) An employer may require that benefits paid under this section be
871	871	coordinated with payments under the terms of a short-term disability policy, a
872	872	stand-alone bank of paid leave designated solely for family or medical leave, or
873	873	under a collective bargaining agreement or employer policy. An employer shall
874	874	provide employees with written notice of this requirement.
875	875	(7) POSITION UPON RETURN FROM LEAVE. (a) When an employee who receives
876	876	benefits under this section returns from family leave or medical leave, the employee's
877	877	employer shall follow the procedures set forth in s. 103.10 (8) to place the employee
878	878	in a position with the employer.
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906	906	SECTION 41
907	907	ASSEMBLY BILL 1156
908	908	(b) No employer may, because an employee received family or medical leave
909	909	insurance benefits, reduce or deny an employment benefit that accrued to the
910	910	employee before the employee's leave began or, consistent with s. 103.10 (8), accrued
911	911	after the employee's leave began.
912	912	(8) TAX TREATMENT OF BENEFITS. With respect to the federal income taxation of
913	913	family or medical leave insurance benefits, the department shall do all of the
914	914	following:
915	915	(a) Request an opinion from the internal revenue service on the taxability of
916	916	the benefits under federal law.
917	917	(b) At the time a covered individual files a claim for those benefits, advise the
918	918	individual that those benefits may be subject to federal income taxation, that
919	919	requirements exist under federal law pertaining to estimated tax payments, and
920	920	that the individual may elect to have federal income taxes withheld from the
921	921	individual's benefit payments and may change that election not more than one time
922	922	in an application year.
923	923	(c) Allow the covered individual to elect to have federal income tax deducted
924	924	and withheld from the individual's benefit payments, allow the individual to change
925	925	that election not more than one time in an application year, and deduct and withhold
926	926	that tax in accordance with the individual's election as provided under 26 USC 3402.
927	927	(d) Upon making a deduction under par. (c), transfer the amount deducted from
928	928	the family and medical leave insurance trust fund to the federal internal revenue
929	929	service.
930	930	(e) In deducting and withholding federal income taxes from a covered
931	931	individual's benefit payments, follow all procedures specified by the federal internal
932	932	revenue service pertaining to the deducting and withholding of federal income tax.
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959	959	SECTION 41 ASSEMBLY BILL 1156
960	960	(9) FAMILY AND MEDICAL LEAVE INSURANCE TRUST FUND. (a) The department shall
961	961	determine the amount of the required contribution by each employee, self-employed
962	962	individual who elects coverage under sub. (2), and each employer. The required
963	963	contribution shall be based on the employee's wages or the self-employed
964	964	individual's earnings. Except as otherwise provided in this paragraph, the required
965	965	contribution for an employee shall be equally shared between each employee and the
966	966	employee's employer. For an employer with 50 or fewer employees, the department
967	967	shall establish tiers of reduced contribution rates based on the number of the
968	968	employer's employees. No employer contribution is required from self-employed
969	969	individuals, and such individuals shall be required to pay only one-half of the
970	970	required contribution.
971	971	(b) Each employer shall withhold from the wages of its employees the amount
972	972	determined by the department under this subsection.
973	973	(c) The department shall collect the contributions withheld by employers and
974	974	employer-required contributions under par. (a) in the same manner as the
975	975	department collects contributions to the unemployment reserve fund under s.
976	976	108.17. Section 108.10 applies to issues regarding liability of employers for
977	977	contributions under this subsection.
978	978	(d) The department shall collect contributions from self-employed individuals
979	979	pursuant to procedures established by the department under sub. (13) (b).
980	980	(e) The department shall deposit contributions received under this subsection
981	981	into the family and medical leave insurance trust fund and credit them to the
982	982	appropriation account under s. 20.445 (1) (w).
983	983	(f) The department shall use moneys deposited into the family and medical
984	984	leave insurance trust fund to pay benefits under sub. (3) and to pay for the
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1010	1010	LRB-1335/1
1011	1011	MIM:wlj&amn
1012	1012	SECTION 41
1013	1013	ASSEMBLY BILL 1156
1014	1014	administration of the family and medical leave insurance program under this section
1015	1015	and for no other purpose.
1016	1016	(10) DENIAL OF CLAIMS; OVERPAYMENTS. (a) A covered individual whose claim for
1017	1017	family or medical leave insurance benefits is denied by the department, or who
1018	1018	believes that benefits approved under this section are less than what the individual
1019	1019	is entitled to receive, may request a hearing on the denial or approved benefits, and
1020	1020	the department shall process the request for a hearing in the same manner that
1021	1021	requests for hearings on unemployment insurance claims are processed under s.
1022	1022	108.09.
1023	1023	(b) If the department pays family or medical leave insurance benefits
1024	1024	erroneously or as a result of willful misrepresentation, the department may seek
1025	1025	repayment of those benefits in the same manner that the department recovers
1026	1026	erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22
1027	1027	(8), and 108.225. The department may waive recovery of an erroneous payment of
1028	1028	family or medical leave insurance benefits if the erroneous payment was not the fault
1029	1029	of the individual who received it and if requiring repayment would be contrary to
1030	1030	equity and good conscience. If an individual willfully makes a false statement or
1031	1031	representation, or willfully fails to disclose a material fact, to obtain family or
1032	1032	medical leave insurance benefits under this section, the department may determine
1033	1033	that the individual is disqualified from receiving those benefits for up to one year
1034	1034	after the date of the disqualification.
1035	1035	(11) PROHIBITED ACTS. (a) No person may interfere with, restrain, or deny the
1036	1036	exercise of any right provided under this section.
1037	1037	(b) No person may discharge or otherwise discriminate or retaliate against any
1038	1038	person for exercising any right provided under this section, opposing a practice
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1065	1065	SECTION 41 ASSEMBLY BILL 1156
1066	1066	prohibited under this section, filing a complaint or attempting to enforce any right
1067	1067	provided under this section, or testifying or assisting in any action or proceeding to
1068	1068	enforce any right provided under this section.
1069	1069	(c) No collective bargaining agreement or employer policy may diminish or
1070	1070	abridge an employee's rights under this section, including any policy regarding
1071	1071	employee absences. Any agreement purporting to waive or modify an employee's
1072	1072	rights under this section is void as against public policy and unenforceable.
1073	1073	(12) ENFORCEMENT. (a) Any individual who believes that his or her rights under
1074	1074	this section have been interfered with, restrained, or denied in violation of sub. (11)
1075	1075	(a) or that he or she has been discharged or otherwise discriminated against in
1076	1076	violation of sub. (11) (b) may, within 60 days after the violation occurs or the
1077	1077	individual should reasonably have known that the violation occurred, whichever is
1078	1078	later, file a complaint with the department alleging the violation, and the
1079	1079	department shall process the complaint in the same manner as complaints filed
1080	1080	under s. 103.10 (12) (b) are processed. If the department finds that an employer has
1081	1081	violated sub. (11) (a) to (c), the department may order the employer to take action to
1082	1082	remedy the violation, including providing the requested family or medical leave,
1083	1083	reinstating an employee, providing back pay accrued not more than 2 years before
1084	1084	the complaint was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual
1085	1085	attorney fees to the complainant.
1086	1086	(b) After the completion of an administrative proceeding under par. (a),
1087	1087	including judicial review, an employee or the department may bring an action in
1088	1088	circuit court against an employer to recover damages caused by a violation of sub.
1089	1089	(11) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under
1090	1090	this paragraph.
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1118	1118	SECTION 41
1119	1119	ASSEMBLY BILL 1156
1120	1120	(13) ADMINISTRATION. The department shall administer the family and medical
1121	1121	leave insurance program under this section. In administering the program, the
1122	1122	department shall do all of the following:
1123	1123	(a) Establish procedures and forms for filing claims for benefits under this
1124	1124	section.
1125	1125	(b) Establish procedures and forms for collecting contributions from
1126	1126	self-employed individuals.
1127	1127	(c) Collect demographic information of claimants.
1128	1128	(d) Promulgate rules to implement this section.
1129	1129	(e) Use information sharing and integration technology to facilitate the
1130	1130	exchange of information as necessary for the department to perform its duties under
1131	1131	this section.
1132	1132	(f) Conduct a public outreach campaign to inform employers, employees,
1133	1133	self-employed individuals, and other covered individuals regarding the family and
1134	1134	medical leave insurance program under this section. Information provided under
1135	1135	this paragraph shall be provided in English and in any other language customarily
1136	1136	spoken by more than 20 percent of the population of this state.
1137	1137	(g) By September 1 of each year, submit a report to the governor, the joint
1138	1138	committee on finance, and the appropriate standing committees of the legislature
1139	1139	under s. 13.172 (3) on the family and medical leave insurance program under this
1140	1140	section. The report shall include all of the following:
1141	1141	1. The projected and actual rates of participation in the program, aggregated
1142	1142	by reason for use of the paid leave benefits.
1143	1143	2. The premium rates for coverage under the program.
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1169	1169	SECTION 41 ASSEMBLY BILL 1156
1170	1170	3. The current balance and projected balance for the upcoming year in the
1171	1171	family and medical leave insurance trust fund under s. 25.52.
1172	1172	4. Average duration of paid leave benefits, aggregated by reason for use of the
1173	1173	paid leave benefits.
1174	1174	5. Average weekly benefit amount.
1175	1175	6. Aggregated demographic information about each applicant and covered
1176	1176	individual who received benefits in the preceding calendar year, including age,
1177	1177	gender, race, ethnicity, primary language, residential zip code, average weekly
1178	1178	earnings, occupation, and employment type.
1179	1179	7. Number of appeals filed and outcomes of appeals.
1180	1180	8. For leave benefits paid to a covered individual who received benefits because
1181	1181	of caring for a family member with a serious health condition, the relationship of the
1182	1182	family member to the covered individual.
1183	1183	9. A description of the department's outreach efforts under par. (f).
1184	1184	(14) RECORDS. Notwithstanding s. 19.35 (1), individual personal information
1185	1185	maintained by the department under this section is confidential and not open to
1186	1186	public inspection and copying and may be disclosed only as follows:
1187	1187	(a) On the request of the individual who is the subject of the information or the
1188	1188	individual's authorized representative, to the individual or representative.
1189	1189	(b) With the written permission of the individual who is the subject of the
1190	1190	information or the individual's authorized representative, to a person named in the
1191	1191	permission.
1192	1192	(c) To a public employee for use in the performance of the public employee's
1193	1193	official duties in the administration of the family and medical leave insurance
1194	1194	program under this section.
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1220	1220	LRB-1335/1
1221	1221	MIM:wlj&amn
1222	1222	SECTION 41
1223	1223	ASSEMBLY BILL 1156
1224	1224	(d) Under a court order or an order of a hearing examiner that is obtained upon
1225	1225	prior notice to the department and a showing to the court or hearing examiner that
1226	1226	the information is relevant to a pending court or administrative action.
1227	1227	(15) NOTICE POSTED. (a) Each employer shall post, on its website and in one or
1228	1228	more conspicuous places where notices to employees are customarily posted, a notice
1229	1229	in a form provided by the department setting forth employees' rights under this
1230	1230	section. Each employer shall also provide annually thereafter such a written notice
1231	1231	individually to each employee upon hiring the employee. Any employer that violates
1232	1232	this subsection shall forfeit not more than $100 for each violation.
1233	1233	(b) The notice required under this section shall include all of the following:
1234	1234	1. An employee's right to family or medical leave insurance benefits under this
1235	1235	section.
1236	1236	2. The amount of family or medical leave insurance benefits generally available
1237	1237	for each employee.
1238	1238	3. The procedure for filing a claim for benefits.
1239	1239	4. The prohibition on discriminatory or retaliatory personnel actions against
1240	1240	a person for applying for or receiving family or medical leave insurance benefits.
1241	1241	5. An employee's right to file a complaint for violations of this section.
1242	1242	(c) The notice required under this section shall be provided in English, the
1243	1243	language typically used in communications between the employer and an individual
1244	1244	employee, and any other language that is the primary language of at least 20 percent
1245	1245	of employees at a workplace.
1246	1246	SECTION 42. 103.12 (2) of the statutes is amended to read:
1247	1247	103.12 (2) In this section, “employment benefit” means anything of value, other
1248	1248	than wages and salary, that an employer makes available to an employee, including
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1275	1275	SECTION 42 ASSEMBLY BILL 1156
1276	1276	a retirement, benefit, a pension, benefit, a profit sharing, benefit, or an insurance,
1277	1277	or leave benefit. “Employment benefit” does not include a leave benefit.
1278	1278	SECTION 43. 103.12 (3) of the statutes is amended to read:
1279	1279	103.12 (3) (a) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), no
1280	1280	city, village, town, or county may enact or enforce an ordinance requiring an
1281	1281	employer to provide certain employment benefits to its employees, to provide a
1282	1282	minimum level of employment benefits to its employees, or to prescribe the terms or
1283	1283	conditions of employment benefits provided to its employees.
1284	1284	(b) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), if a city, village,
1285	1285	town, or county has in effect on April 18, 2018, an ordinance requiring an employer
1286	1286	to provide certain employment benefits or to provide a minimum level of employment
1287	1287	benefits to its employees, the ordinance does not apply and may not be enforced.
1288	1288	SECTION 44. 103.12 (4) of the statutes is created to read:
1289	1289	103.12 (4) Notwithstanding sub. (3), a city, village, town, or county may enact
1290	1290	or enforce an ordinance requiring an employer to provide leave benefits to its
1291	1291	employees if those benefits are more generous than the leave benefits provided under
1292	1292	state law.
1293	1293	SECTION 45. 111.322 (2m) (a) of the statutes is amended to read:
1294	1294	111.322 (2m) (a) The individual files a complaint or attempts to enforce any
1295	1295	right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34,
1296	1296	103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
1297	1297	or 103.64 to 103.82.
1298	1298	SECTION 46. 111.322 (2m) (b) of the statutes is amended to read:
1299	1299	111.322 (2m) (b) The individual testifies or assists in any action or proceeding
1300	1300	held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13,
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1326	1326	LRB-1335/1
1327	1327	MIM:wlj&amn
1328	1328	SECTION 46
1329	1329	ASSEMBLY BILL 1156
1330	1330	103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
1331	1331	or ss. 101.58 to 101.599 or 103.64 to 103.82.
1332	1332	SECTION 47. 165.68 (1) (a) 3. of the statutes is repealed and recreated to read:
1333	1333	165.68 (1) (a) 3. Conduct that is in violation of s. 940.225, 944.30 (1m), 948.02,
1334	1334	948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that is in
1335	1335	violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
1336	1336	SECTION 48. 227.03 (2) of the statutes is amended to read:
1337	1337	227.03 (2) Except as provided in s. ss. 103.105 (9) and (10) and 108.105, only
1338	1338	the provisions of this chapter relating to rules are applicable to matters arising out
1339	1339	of s. 66.191, 1981 stats., s. 40.65 (2), 289.33, 303.07 (7) or 303.21 or subch. II of ch.
1340	1340	107 or ch. 102, 108 or 949.
1341	1341	SECTION 49.0Nonstatutory provisions.
1342	1342	(1) PROPOSED PERMANENT RULES. The department of workforce development
1343	1343	shall submit in proposed form the rules required under s. 103.105 (13) (d) to the
1344	1344	legislative council staff under s. 227.15 (1) no later than the first day of the 4th month
1345	1345	beginning after the effective date of this subsection.
1346	1346	(2) RULE-MAKING EXCEPTIONS FOR PERMANENT RULES.
1347	1347	(a) Notwithstanding s. 227.135 (2), the department of workforce development
1348	1348	is not required to present the statement of the scope of the rules required under s.
1349	1349	103.105 (13) (d) to the department of administration for review by the department
1350	1350	of administration and approval by the governor.
1351	1351	(b) Notwithstanding s. 227.185, the department of workforce development is
1352	1352	not required to present the rules required under s. 103.105 (13) (d) in final draft form
1353	1353	to the governor for approval.
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1379	1379	SECTION 49 ASSEMBLY BILL 1156
1380	1380	(c) Notwithstanding s. 227.137 (2), the department of workforce development
1381	1381	is not required to prepare an economic impact analysis for the rules required under
1382	1382	s. 103.105 (13) (d).
1383	1383	(d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of
1384	1384	workforce development is not required to submit the proposed rules required under
1385	1385	s. 103.105 (13) (d) to the small business regulatory review board and is not required
1386	1386	to prepare a final regulatory flexibility analysis for those rules.
1387	1387	(3) EMERGENCY RULES. Using the procedure under s. 227.24, the department of
1388	1388	workforce development shall promulgate the rules required under s. 103.105 (13) (d)
1389	1389	for the period before the effective date of the permanent rules promulgated under s.
1390	1390	103.105 (13) (d) but not to exceed the period authorized under s. 227.24 (1) (c), subject
1391	1391	to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3),
1392	1392	the department is not required to provide evidence that promulgating a rule under
1393	1393	this subsection as an emergency rule is necessary for the preservation of public
1394	1394	peace, health, safety, or welfare and is not required to provide a finding of an
1395	1395	emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24
1396	1396	(1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope
1397	1397	of the rules promulgated under this subsection or present the rules to the governor
1398	1398	for approval.
1399	1399	(4) FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM STAFF. The authorized FTE
1400	1400	positions for the department of workforce development are increased by 45.0 GPR
1401	1401	positions in fiscal year 2023-24, and by 198.0 GPR positions in fiscal year 2024-25,
1402	1402	to be funded from the appropriation under s. 20.445 (1) (w) for the purpose of
1403	1403	administering the family and medical leave insurance program under s. 103.105.
1404	1404	SECTION 50.0Fiscal changes.
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1432	1432	SECTION 50
1433	1433	ASSEMBLY BILL 1156
1434	1434	(1) TRANSFERS TO FAMILY AND MEDICAL LEAVE INSURANCE TRUST FUND. There is
1435	1435	transferred from the general fund to the family and medical leave insurance trust
1436	1436	fund under s. 25.52 $258,500,000 in the 2023-25 fiscal biennium.
1437	1437	SECTION 51.0Initial applicability.
1438	1438	(1) FAMILY AND MEDICAL LEAVE INSURANCE TRUST FUND CONTRIBUTIONS. Except as
1439	1439	provided in sub. (3), the treatment of s. 103.105 (9) first applies to wages earned after
1440	1440	January 1, 2025.
1441	1441	(2) FAMILY OR MEDICAL LEAVE INSURANCE BENEFITS ELIGIBILITY. Except as provided
1442	1442	in sub. (3), the treatment of s. 103.105 (3) first applies to a period of family leave, as
1443	1443	defined in s. 103.105 (1) (i), or a period of medical leave, as defined in s. 103.105 (1)
1444	1444	(n), commencing on January 1, 2026.
1445	1445	(3) COLLECTIVE BARGAINING AGREEMENTS. This act first applies to an employee
1446	1446	who is affected by a collective bargaining agreement that contains provisions
1447	1447	inconsistent with this act on the day on which the collective bargaining agreement
1448	1448	expires or is extended, modified, or renewed.
1449	1449	(END)
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