The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB352,1
1Section 1. 38.28 (5) of the statutes is amended to read:
SB352,4,112 38.28 (5) State aid shall not be paid to a district for any year, unless every
3teacher, administrator, principal, and supervisor employed by the district during
4that year is under a contract providing for leave of absence by reason of sickness of
5such person, without deduction from salary, for not less than 5 days per year or the
6leave accrued under s. 103.11 (3) (b), whichever is greater,
and for accumulation of
7unused sick leave from year to year to a total of not less than 30 days. No allowance
8may be paid for such absences from teaching or other educational services rendered
9in evening school by any person employed at least 30 hours per week in day school.
10This subsection does not apply Section 103.11, rather than this subsection, applies
11to a person employed by the district board for less than 30 hours per week.
SB352,2 12Section 2. 50.05 (7) (h) of the statutes is amended to read:
SB352,4,2213 50.05 (7) (h) Shall have full power to direct and manage and to discharge
14employees of the facility, subject to any contract rights they may have. The receiver
15shall pay employees at the same rate of compensation, including benefits, that the
16employees would have received from the operator, except that the receiver shall
17compensate employees for time actually worked during the period of receivership
18and may, subject to s. 103.11 (3), reimburse for vacations or periods of sick leave. The
19receiver may grant salary increases and fringe benefits to employees of a nursing
20home, in accord with the facility payment formula under s. 49.45 (6m). Receivership
21does not relieve the operator of any obligation to employees not carried out by the
22receiver.
SB352,3 23Section 3. 103.04 (1) of the statutes is amended to read:
SB352,5,3
1103.04 (1) The commission shall issue its decision in any case where a petition
2for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 103.11,
3106.52 (4), 106.56 (4), 111.39, 303.07 (7) or 303.21.
SB352,4 4Section 4. 103.11 of the statutes is created to read:
SB352,5,5 5103.11 Paid sick leave. (1) Definitions. In this section:
SB352,5,106 (a) "Adverse employment action" means an action taken by an employer with
7respect to an employee that has the effect, in whole or in part, of a penalty, including
8dismissal or suspension from employment, demotion, denial of a promotion,
9unfavorable transfer or reassignment, reduction in compensation, or denial of
10increased compensation.
SB352,5,1211 (b) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward
12to whom any of the following applies:
SB352,5,1313 1. The individual is less than 18 years of age.
SB352,5,1614 2. The individual is 18 years of age or older and cannot care for himself or
15herself because of a health condition or is the victim of domestic abuse, sexual abuse,
16or stalking.
SB352,5,1717 (c) "Domestic abuse" has the meaning given in s. 968.075 (1) (a).
SB352,5,1918 (d) "Employee" means an individual employed in this state by an employer,
19except the employer's parent, spouse, domestic partner, or child.
SB352,5,2520 (e) "Employer" means a person engaging in any activity, enterprise, or business
21in this state employing one or more persons full-time or part-time on a permanent
22or temporary basis. "Employer" includes the state and any office, department,
23independent agency, authority, institution, association, society, or other body in state
24government created or authorized to be created by the constitution or any law,
25including the legislature and the courts.
SB352,6,8
1(f) "Family member" means a spouse or domestic partner, as defined in s. 40.02
2(21c) or 770.01 (1), of an employee; a parent, child, sibling, including a foster sibling,
3brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an
4employee or of an employee's spouse or domestic partner; or any other person who
5is related by blood, marriage, or adoption to an employee or to an employee's spouse
6or domestic partner and whose close association with the employee, spouse, or
7domestic partner makes the person the equivalent of a family member of the
8employee, spouse, or domestic partner.
SB352,6,109 (g) "Health condition" means a physical or mental illness, injury, impairment,
10or condition.
SB352,6,1311 (h) "Parent" means a natural parent, foster parent, adoptive parent,
12stepparent, or legal guardian of an employee or of an employee's spouse or domestic
13partner.
SB352,6,1814 (i) "Regular work week" means an employee's regular work week as established
15by his or her employer, except that for an employee who is exempt under 29 USC 213
16(a) (1) from the overtime compensation requirement of 29 USC 207 (a) (1) and whose
17regular work week as established by his or her employer is not less than a work week
18of 40 hours, "regular work week" means a work week of 40 hours.
SB352,6,2119 (j) "Sexual abuse" means conduct that is in violation of s. 940.225, 944.30,
20948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that
21is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
SB352,7,222 (k) "Small business" means an employer that during the preceding calendar
23year employed fewer than an average of 10 employees per week on a permanent or
24temporary basis, including both full-time and part-time employees and including
25employees who are placed with, leased to, or otherwise provided to the employer by

1a temporary help agency, as defined in s. 102.01 (2) (f), or by a professional employer
2organization, as defined in s. 202.21 (5).
SB352,7,43 (L) "Stalking" means to engage in a course of conduct, as defined in s. 940.32
4(1) (a), that meets the criteria of s. 940.32 (2) (a).
SB352,7,7 5(2) Scope. (a) Nothing in this section prohibits an employer from providing
6employees with rights to paid sick leave that are more generous to the employee than
7the rights provided under this section.
SB352,7,98 (b) This section does not limit or diminish an employee's rights or benefits
9under ch. 102.
SB352,7,1410 (c) For purposes of accruing paid sick leave under sub. (3) (b), this section
11applies to any employee employed in this state, including any temporary or
12part-time employee, beginning on the first day of employment, and for purposes of
13using paid sick leave under sub. (4), this section applies only to an employee who has
14been employed by the same employer for at least 90 consecutive calendar days.
SB352,7,21 15(3) Provision and accrual of paid sick leave. (a) An employer shall provide
16an employee who has been employed by the employer for at least 90 consecutive
17calendar days with paid sick leave at the employee's regular rate of pay as provided
18in this subsection. An employer may meet the requirement under this paragraph by
19providing paid leave that an employee may use for the reasons specified in sub. (4),
20so long as the employee accrues that paid leave at a rate that is no less than the rate
21specified in par. (b).
SB352,8,222 (b) An employee shall accrue paid sick leave for each hour worked in the
23employee's regular work week at the rate of one hour for each 30 hours worked,
24subject to a maximum of 72 hours of accrued paid sick leave in a calendar year or, if
25the employer is a small business, subject to a maximum of 40 hours of accrued paid

1sick leave in a calendar year. Paid sick leave under this paragraph shall accrue in
2one-hour increments.
SB352,8,83 (c) Paid sick leave accrued shall carry over from year to year, but an employee
4may use no more than 72 hours of paid sick leave in a calendar year or, if the employee
5is employed by a small business, the employee may use no more than 40 hours of paid
6sick leave in a calendar year. An employee's unused balance of paid sick leave shall
7be reduced by one hour for each hour or portion of an hour of paid sick leave used by
8the employee under sub. (4).
SB352,8,179 (d) Unused paid sick leave shall have no cash value on termination of
10employment. If an employee returns to work for a former employer, the employer is
11not required to restore unused paid sick leave accrued during the former
12employment or to count days worked during the former employment toward the
1390-day requirement under par. (a), except that if the employee returns to work for
14a former employer within one year after separation from employment, the employer
15shall restore unused paid sick leave accrued during the former employment and shall
16count days worked during the former employment toward the 90-day requirement
17under par. (a).
SB352,8,19 18(4) Use of paid sick leave. An employee may use paid sick leave that the
19employee has accrued under sub. (3) (b) for any of the following reasons:
SB352,8,2220 (a) Because the employee has a health condition, is in need of medical
21diagnosis, care, or treatment of a health condition, or is in need of preventive medical
22care.
SB352,8,2523 (b) To care for a family member who has a health condition, who is in need of
24medical diagnosis, care, or treatment of a health condition, or who is in need of
25preventive medical care.
SB352,9,2
1(c) Because the employee's absence from work is necessary in order for the
2employee to do any of the following:
SB352,9,53 1. Seek medical attention or obtain psychological or other counseling for the
4employee or a family member to recover from any health condition caused by
5domestic abuse, sexual abuse, or stalking.
SB352,9,76 2. Obtain services for the employee or a family member from an organization
7that provides services to victims of domestic abuse, sexual abuse, or stalking.
SB352,9,98 3. Relocate the residence of the employee or of a family member due to domestic
9abuse, sexual abuse, or stalking.
SB352,9,1110 4. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or
11criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.
SB352,9,13 12(5) Employee rights. An employee's rights under this section shall include all
13of the following:
SB352,9,1414 (a) The right to accrue and use paid sick leave as provided in subs. (3) and (4).
SB352,9,1515 (b) The right not to be subjected to a prohibited act under sub. (6).
SB352,9,1916 (c) The right to file a complaint under sub. (7) for a violation of sub. (6) (a) or
17under s. 111.39 for a violation described in sub. (6) (b) and to inform any person about
18such a violation. The protection under this paragraph extends to an employee who
19mistakenly, but in good faith, alleges such a violation.
SB352,9,2120 (d) The right to inform any person about any of the rights provided under this
21section.
SB352,9,22 22(6) Prohibited acts. (a) No person may do any of the following:
SB352,9,2423 1. Interfere with, restrain, or deny the exercise of any right provided under this
24section.
SB352,10,3
12. Require, as a condition of using paid sick leave, that an employee search for
2or find a substitute employee to replace the employee while the employee is on paid
3sick leave.
SB352,10,124 3. Impose unreasonable barriers to the use of paid sick leave or require, as a
5condition of using paid sick leave, that an employee provide unreasonable
6documentation of the health condition of the employee or family member, disclose the
7details of that health condition, or disclose any information about the domestic
8abuse, sexual abuse, or stalking that necessitated the employee's absence from work.
9If an employer obtains any information about that health condition or that domestic
10abuse, sexual abuse, or stalking, the employer shall keep that information
11confidential and may not disclose that information except to the employee or to other
12persons with the consent of the employee.
SB352,10,1713 4. Treat paid sick leave used under this section as an absence from work that
14may lead to or result in an adverse employment action, treat the use of such paid sick
15leave as a negative factor in hiring, evaluating, or promoting an employee, or reduce
16or deny any benefit or privilege of employment because an employee uses paid sick
17leave under this section.
SB352,10,1918 5. Discharge or in any other manner discriminate against any individual for
19opposing a practice prohibited under this section.
SB352,10,2120 (b) Section 111.322 (2m) applies to discharge or other discriminatory acts
21arising in connection with any proceeding under this section.
SB352,11,5 22(7) Administrative proceeding. (a) An employee who believes that his or her
23employer has violated sub. (6) (a) may, within 90 days after the violation occurs or
24the employee should reasonably have known that the violation occurred, whichever
25is later, file a complaint with the department alleging the violation. The department

1shall investigate the complaint and shall attempt to resolve the complaint by
2conference, conciliation, or persuasion. If the complaint is not resolved and the
3department finds probable cause to believe a violation has occurred, the department
4shall proceed with notice and a hearing on the complaint as provided in ch. 227. The
5hearing shall be held within 60 days after the department receives the complaint.
SB352,11,116 (b) The department shall issue its decision and order within 30 days after the
7hearing. If the department finds that an employer violated sub. (6) (a), it may order
8the employer to take action to remedy the violation, including providing the
9requested paid sick leave, reinstating an employee, providing back pay accrued not
10more than 2 years before the complaint was filed, and paying reasonable actual
11attorney fees to the complainant.
SB352,11,1412 (c) A respondent or complainant who is dissatisfied with the decision and order
13of the hearing examiner may file a written petition with the department for review
14by the commission of the decision and order.
SB352,11,2415 (d) If no petition is filed within 21 days after the date on which the department
16mails a copy of the decision and order to the last-known addresses of the respondent
17and the complainant, the decision and order shall be considered final. If a timely
18petition is filed, the commission, on review, may either affirm, reverse, or modify the
19decision and order in whole or in part, or set aside the decision and order and remand
20the case to the department for further proceedings. Those actions shall be based on
21a review of the evidence submitted. If the commission is satisfied that a respondent
22or complainant has been prejudiced because of exceptional delay in the receipt of a
23copy of the decision and order, the commission may extend for another 21 days the
24time for filing the petition with the department.
SB352,12,8
1(e) On motion of the respondent or complainant, the commission may set aside,
2modify, or change any decision made by the commission, at any time within 28 days
3after the date of the decision if the commission discovers any mistake in the decision,
4or upon the grounds of newly discovered evidence. The commission may on its own
5motion, for reasons it considers sufficient, set aside any final decision of the
6commission within one year after the date of the final decision upon grounds of
7mistake or newly discovered evidence and remand the case to the department for
8further proceedings.
SB352,12,139 (f) A respondent or complainant who is dissatisfied with a decision of the
10commission under par. (d) or (e) may seek judicial review of that decision under ss.
11227.52 to 227.58 by filing a petition for review under s. 227.53 within 30 days after
12the date on which the commission mails a copy of the decision to the last-known
13addresses of the respondent and the complainant.
SB352,12,16 14(8) Notice; records. (a) Each employer shall provide notice to its employees
15of the rights of employees under this section. An employer may comply with this
16requirement by doing all of the following:
SB352,12,1917 1. Providing each employee of the employer with a notice in a form approved
18by the department setting forth in English, Spanish, and Hmong the rights of
19employees under this section.
SB352,12,2220 2. Posting, in one or more conspicuous places where notices to employees are
21customarily posted, a notice in a form approved by the department setting forth in
22English, Spanish, and Hmong the rights of employees under this section.
SB352,13,223 (b) Each employer shall keep full and accurate records of the number of hours
24worked and paid sick leave used by its employees, shall retain those records for 5

1years after the hours are worked or the paid sick leave is used, and shall furnish those
2records to the department on request.
SB352,5 3Section 5. 111.322 (2m) (a) of the statutes is amended to read:
SB352,13,74 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
5right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
6103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
7or 103.64 to 103.82.
SB352,6 8Section 6. 111.322 (2m) (b) of the statutes is amended to read:
SB352,13,129 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
10held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
11103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
12or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB352,7 13Section 7. 111.91 (2) (f) of the statutes is amended to read:
SB352,13,2114 111.91 (2) (f) Family leave and medical leave rights below the minimum
15afforded under the federal Family and Medical Leave Act of 1993, 29 USC 2601 to
162654, and
s. 103.10 and paid sick leave rights below the minimum afforded under s.
17103.11
. Nothing in this paragraph prohibits the employer from bargaining on rights
18to family leave or medical leave which that are more generous to the employee than
19the rights provided under the federal Family and Medical Leave Act of 1993, 29 USC
202601
to 2654, and
s. 103.10 or on rights to paid sick leave that are more generous to
21the employee than the rights provided under s. 103.11
.
SB352,8 22Section 8. 230.26 (4) of the statutes is amended to read:
SB352,14,523 230.26 (4) Fringe benefits specifically authorized by statutes, with the
24exception of paid sick leave under s. 103.11, deferred compensation plan
25participation under subch. VII of ch. 40, worker's compensation, unemployment

1insurance, group insurance, retirement, and social security coverage, shall be denied
2employees hired under this section. Such employees may not be considered
3permanent employees and do not qualify for tenure, vacation, paid holidays, sick
4leave under s. 230.35 (2), performance awards, or the right to compete in promotional
5examinations.
SB352,9 6Section 9. 230.35 (2) of the statutes is amended to read:
SB352,14,187 230.35 (2) Leave of absence with pay owing to sickness , other than paid sick
8leave under s. 103.11,
and leave of absence without pay, other than annual leave and
9leave under s. 103.10, shall be regulated by rules of the director, except that unused
10sick leave shall accumulate from year to year. After July 1, 1973, employees
11appointed to career executive positions under the program established under s.
12230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or
13authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored
14if they are reemployed in a career executive position or in a position under s. 19.42
15(10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless
16of the duration of their absence. Restoration of unused sick leave credits if
17reemployment is to a position other than those specified above shall be in accordance
18with rules of the director.
SB352,10 19Section 10. 230.35 (2m) of the statutes is repealed.
SB352,11 20Section 11. 253.10 (3) (d) 1. of the statutes is amended to read:
SB352,16,321 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
22a woman about public and private agencies, including adoption agencies, and
23services that are available to provide information on family planning, as defined in
24s. 253.07 (1) (a), including natural family planning information, to provide
25ultrasound imaging services, to assist her if she has received a diagnosis that her

1unborn child has a disability or if her pregnancy is the result of sexual assault or
2incest and to assist her through pregnancy, upon childbirth and while the child is
3dependent. The materials shall include a comprehensive list of the agencies
4available, a description of the services that they offer and a description of the manner
5in which they may be contacted, including telephone numbers and addresses, or, at
6the option of the department, the materials shall include a toll-free, 24-hour
7telephone number that may be called to obtain an oral listing of available agencies
8and services in the locality of the caller and a description of the services that the
9agencies offer and the manner in which they may be contacted. The materials shall
10provide information on the availability of governmentally funded programs that
11serve pregnant women and children. Services identified for the woman shall include
12medical assistance for pregnant women and children under s. 49.47 (4) (am) and
1349.471, the availability of family or medical leave under s. 103.10 and of paid sick
14leave under s. 103.11
, the Wisconsin works program under ss. 49.141 to 49.161, child
15care services, child support laws and programs and the credit for expenses for
16household and dependent care and services necessary for gainful employment under
17section 21 of the Internal Revenue Code. The materials shall state that it is unlawful
18to perform an abortion for which consent has been coerced, that any physician who
19performs or induces an abortion without obtaining the woman's voluntary and
20informed consent is liable to her for damages in a civil action and is subject to a civil
21penalty, that the father of a child is liable for assistance in the support of the child,
22even in instances in which the father has offered to pay for an abortion, and that
23adoptive parents may pay the costs of prenatal care, childbirth and neonatal care.
24The materials shall include information, for a woman whose pregnancy is the result
25of sexual assault or incest, on legal protections available to the woman and her child

1if she wishes to oppose establishment of paternity or to terminate the father's
2parental rights. The materials shall include information on services in the state that
3are available for victims or individuals at risk of domestic abuse.
SB352,12 4Section 12. Initial applicability.
SB352,16,85 (1) Collective bargaining agreements. This act first applies to an employee
6who is affected by a collective bargaining agreement that contains provisions
7inconsistent with this act on the day on which the collective bargaining agreement
8expires or is extended, modified, or renewed, whichever occurs first.
SB352,13 9Section 13. Effective date.
SB352,16,1110 (1) This act takes effect on the first day of the 3rd month beginning after
11publication.
SB352,16,1212 (End)
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