LRBs0428/2
GMM:kmg&kaf:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 614
March 11, 1996 - Offered by Representative R. Young.
AB614-ASA1,2,2
1An Act to repeal 103.10 (3) (a) 2., 103.10 (3) (a) 3., 103.10 (3) (b) (intro.), 103.10
2(3) (c), 103.10 (4) (title), 103.10 (4) (b), 103.10 (12) (c), 103.10 (13) (b) 2., 103.10
3(14) (b), 252.17 (3) (i) and 252.17 (4) (c);
to renumber 103.10 (3) (b) 3., 103.10
4(3) (d) and 103.10 (4) (c);
to renumber and amend 103.10 (3) (a) 1., 103.10 (3)
5(b) 1., 103.10 (3) (b) 2., 103.10 (4) (a), 103.10 (7) (c) and 103.10 (14) (a);
to
6consolidate, renumber and amend 103.10 (13) (b) (intro.) and 1.;
to amend
7103.10 (1) (a) (intro.), 103.10 (1) (a) 2., 103.10 (1) (c), 103.10 (1) (d), 103.10 (1)
8(f), 103.10 (1) (g) (intro.), 103.10 (1) (g) 2., 103.10 (2) (c), 103.10 (3) (title), 103.10
9(6) (a), 103.10 (6) (b) (intro.), 103.10 (6) (b) 1., 103.10 (6) (b) 2., 103.10 (7) (a),
10103.10 (7) (b) 4., 103.10 (8) (a), 103.10 (8) (b), 103.10 (9) (b), 103.10 (12) (b),
11103.10 (12) (d), 103.10 (13) (a), 111.322 (2m) (a), 111.322 (2m) (b), 252.17 (4) (a)
12and 632.897 (6);
to repeal and recreate 103.10 (8) (c), 103.10 (9) (c), 103.10
13(9) (d) and 103.10 (11) (c); and
to create 103.10 (4g) (title), 103.10 (7) (c) 2.,
14103.10 (7) (d), 103.10 (7) (e), 103.10 (8) (d), 103.10 (11) (d), 103.10 (12) (e), 103.10
15(12) (f), 103.10 (12) (g), 103.10 (13) (c), 103.10 (15) and 103.10 (16) of the
1statutes;
relating to: various changes to the family and medical leave law and
2granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB614-ASA1, s. 1
3Section
1. 103.10 (1) (a) (intro.) of the statutes is amended to read:
AB614-ASA1,2,64
103.10
(1) (a) (intro.) "Child" means a natural, adopted, foster or treatment
5foster child, a stepchild or a legal ward
, or an individual for whom an employe stands
6in the place of a parent, to whom any of the following applies:
AB614-ASA1, s. 2
7Section
2. 103.10 (1) (a) 2. of the statutes is amended to read:
AB614-ASA1,2,108
103.10
(1) (a) 2. The individual is 18 years of age or older and
cannot care for
9himself or herself is incapable of self-care because of a
serious health condition 10mental or physical disability.
AB614-ASA1, s. 3
11Section
3. 103.10 (1) (c) of the statutes is amended to read:
AB614-ASA1,2,2112
103.10
(1) (c)
Except as provided in sub. (14) (b), "employer" "Employer" means
13a person engaging in any activity, enterprise or business in this state employing at
14least 50 individuals
on a permanent basis for each working day during each of 20 or
15more calendar weeks in the current or preceding year. "Employer" includes the state
,
16its political subdivisions and any office, department, independent agency, authority,
17institution, association, society or other body in state
or local government created or
18authorized to be created by the constitution or any law, including the legislature and
19the courts.
"Employer" also includes any person who acts, directly or indirectly, in
20the interest of an employer with respect to an employe and any successor in interest
21of an employer.
AB614-ASA1, s. 4
22Section
4. 103.10 (1) (d) of the statutes is amended to read:
AB614-ASA1,3,6
1103.10
(1) (d) "Employment benefit" means
an insurance, leave or retirement 2a benefit
which that an employer
provides or makes available to an employe
,
3including group life insurance, health insurance, disability insurance, sick leave,
4annual leave, educational benefits and pensions, regardless of whether those
5benefits are provided by a practice or policy of the employer or through an employe
6benefit plan, as defined in 29 USC 1002 (3).
AB614-ASA1,3,118
103.10
(1) (f) "Parent" means a
natural biological parent, foster parent,
9treatment foster parent, adoptive parent, stepparent or legal guardian of an employe
10or an employe's spouse
or a person who stood in the place of a parent of the employe
11or the employe's spouse when the employe or spouse was a child.
AB614-ASA1, s. 6
12Section
6. 103.10 (1) (g) (intro.) of the statutes is amended to read:
AB614-ASA1,3,1513
103.10
(1) (g) (intro.) "Serious health condition" means
a disabling physical or
14mental an illness, injury, impairment or
physical or mental condition involving any
15of the following:
AB614-ASA1, s. 7
16Section
7. 103.10 (1) (g) 2. of the statutes is amended to read:
AB614-ASA1,3,1817
103.10
(1) (g) 2.
Outpatient care that requires continuing Continuing 18treatment
or supervision by a health care provider.
AB614-ASA1, s. 8
19Section
8. 103.10 (2) (c) of the statutes is amended to read:
AB614-ASA1,3,2320
103.10
(2) (c) This section only applies to an employe who has been employed
21for more than 52 consecutive weeks by the
same employer
for more than 52
22consecutive weeks from whom leave under sub. (3) is requested and who worked for
23the that employer for at least 1,000 hours during the preceding 52-week period.
AB614-ASA1, s. 9
24Section
9. 103.10 (3) (title) of the statutes is amended to read:
AB614-ASA1,3,2525
103.10
(3) (title)
Family
Entitlement to leave.
AB614-ASA1, s. 10
1Section
10. 103.10 (3) (a) 1. of the statutes is renumbered 103.10 (3) (intro.)
2and amended to read:
AB614-ASA1,4,53
103.10
(3) (intro.) In a 12-month period
no an employe may take
more than 6 412 weeks of
family leave
under par. (b) 1. and 2. for any one or more of the following
5reasons:
AB614-ASA1, s. 14
9Section
14. 103.10 (3) (b) 1. of the statutes is renumbered 103.10 (3) (a) and
10amended to read:
AB614-ASA1,4,1211
103.10
(3) (a) The birth of the employe's natural child, if the leave begins within
1216 weeks of 12 months before or after the child's birth.
AB614-ASA1, s. 15
13Section
15. 103.10 (3) (b) 2. of the statutes is renumbered 103.10 (3) (b) and
14amended to read:
AB614-ASA1,4,1715
103.10
(3) (b) The placement of a child with the employe for adoption or as a
16precondition to adoption under s. 48.90 (2), but not both,
or for foster care, if the leave
17begins within
16 weeks of 12 months before or after the child's placement.
AB614-ASA1, s. 16
18Section
16. 103.10 (3) (b) 3. of the statutes is renumbered 103.10 (3) (c).
AB614-ASA1, s. 18
20Section
18. 103.10 (3) (d) of the statutes is renumbered 103.10 (4g) (a).
AB614-ASA1, s. 20
22Section
20. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (d) and
23amended to read:
AB614-ASA1,5,224
103.10
(3) (d)
Subject to pars. (b) and (c), an employe who has a A serious health
25condition
which that makes the employe unable to perform
his or her employment
1duties may take medical leave for the period during which he or she is unable to
2perform those duties the functions of the employe's position.
AB614-ASA1, s. 22
4Section
22. 103.10 (4) (c) of the statutes is renumbered 103.10 (4g) (b).
AB614-ASA1, s. 23
5Section
23. 103.10 (4g) (title) of the statutes is created to read:
AB614-ASA1,5,66
103.10
(4g) (title)
Scheduling of leave.
AB614-ASA1,5,158
103.10
(6) (a) If an employe intends to take
family leave
for the reasons in under 9sub. (3)
(b) 1. or 2. (a) or (b) that is foreseeable because of the expected birth or
10placement of a child, the employe shall
, in a reasonable and practicable manner, give
11the employer
advance notice of the
expected birth or placement employe's intention
12to take that leave not less than 30 days before the date the leave is to begin, except
13that if the date of the birth or placement requires the leave to begin in less than 30
14days, the employe shall provide notice to the employer in a reasonable and
15practicable manner.
AB614-ASA1, s. 25
16Section
25. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB614-ASA1,5,2117
103.10
(6) (b) (intro.) If an employe intends to take
family leave
because of 18under sub. (3) (c) or (d) that is foreseeable based on the planned medical treatment
19or supervision of
the employe or of a child, spouse or parent
or intends to take medical
20leave because of the planned medical treatment or supervision of the employe, the
21employe shall do all of the following:
AB614-ASA1, s. 26
22Section
26. 103.10 (6) (b) 1. of the statutes is amended to read:
AB614-ASA1,5,2523
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
24or supervision so that it does not unduly disrupt the employer's operations, subject
25to the approval of the health care provider of the child, spouse, parent or employe.
