AB748-SA2,3o 21Section 3o. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB748-SA2,23,222 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the
23planned medical treatment or supervision of a child, spouse, domestic partner, or
24parent, grandparent, grandchild, or sibling or intends to take medical leave because

1of the planned medical treatment or supervision of the employee, the employee shall
2do all of the following:
AB748-SA2,3p 3Section 3p. 103.10 (6) (b) 1. of the statutes is amended to read:
AB748-SA2,23,74 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
5or supervision so that it does not unduly disrupt the employer's operations, subject
6to the approval of the health care provider of the child, spouse, domestic partner,
7parent, grandparent, grandchild, sibling, or employee.
AB748-SA2,3q 8Section 3q. 103.10 (6) (c) of the statutes is created to read:
AB748-SA2,23,139 103.10 (6) (c) If the employee intends to take leave under sub. (3) (b) 4. that is
10foreseeable because the spouse, child, domestic partner, parent, grandparent,
11grandchild, or sibling of the employee is on covered active duty or has been notified
12of an impending call or order to covered active duty, the employee shall provide notice
13of that intention to the employer in a reasonable and practicable manner.
AB748-SA2,3r 14Section 3r. 103.10 (7) (a) of the statutes is amended to read:
AB748-SA2,23,1915 103.10 (7) (a) If an employee requests family leave for a reason described in sub.
16(3) (b) 3. or requests medical leave, the employer may require the employee to provide
17certification, as described in par. (b), issued by the health care provider or Christian
18Science practitioner of the child, spouse, domestic partner, parent, grandparent,
19grandchild, sibling,
or employee, whichever is appropriate.
AB748-SA2,3s 20Section 3s. 103.10 (7) (b) (intro.) of the statutes is amended to read:
AB748-SA2,23,2221 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
22stating more than the following:
AB748-SA2,3t 23Section 3t. 103.10 (7) (b) 1. of the statutes is amended to read:
AB748-SA2,23,2524 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent,
25grandchild, sibling,
or employee has a serious health condition.
AB748-SA2,3u
1Section 3u. 103.10 (7) (d) of the statutes is created to read:
AB748-SA2,24,82 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
3may require the employee to provide certification that the spouse, child, domestic
4partner, parent, grandparent, grandchild, or sibling of the employee is on covered
5active duty or has been notified of an impending call or order to covered active duty
6issued at such time and in such manner as the department may prescribe by rule,
7and the employee shall provide a copy of that certification to the employer in a timely
8manner.
AB748-SA2,3v 9Section 3v. 103.10 (12) (c) of the statutes is amended to read:
AB748-SA2,24,1610 103.10 (12) (c) If 2 or more health care providers disagree about any of the
11information required to be certified under sub. (7) (b), the department may appoint
12another health care provider to examine the child, spouse, domestic partner, parent,
13grandparent, grandchild, sibling, or employee and render an opinion as soon as
14possible. The department shall promptly notify the employee and the employer of
15the appointment. The employer and the employee shall each pay 50 percent of the
16cost of the examination and opinion.
AB748-SA2,3w 17Section 3w. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
AB748-SA2,3x 18Section 3x. 103.10 (14) (b) of the statutes is repealed.
AB748-SA2,3y 19Section 3y. 103.105 of the statutes is created to read:
AB748-SA2,24,21 20103.105 Family and medical leave insurance program. (1) Definitions.
21In this section:
AB748-SA2,24,2422 (a) “Application year" means the 12-month period beginning on the first day
23of the first calendar week for which family or medical leave insurance benefits are
24claimed by a covered individual.
AB748-SA2,25,2
1(b) “Average weekly earnings" means the average weekly earnings of a covered
2individual as calculated under s. 102.11 (1) (a) to (e).
AB748-SA2,25,33 (c) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.
AB748-SA2,25,84 (d) “Covered individual" means an individual who worked for an employer for
5at least 680 hours in the calendar year prior to the individual's application year or
6a self-employed individual who elects coverage under sub. (2) (b), regardless of
7whether the individual is employed or unemployed at the time the individual files
8an application for family or medical leave insurance benefits.
AB748-SA2,25,99 (e) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).
AB748-SA2,25,1210 (f) “Employee" means an individual employed in this state by an employer,
11except the employer's child, spouse, domestic partner, parent, grandparent,
12grandchild, or sibling.
AB748-SA2,25,1713 (g) “Employer" means a person engaging in any activity, enterprise, or business
14in this state. “Employer" includes the state and any office, department, independent
15agency, authority, institution, association, society, or other body in state government
16created or authorized to be created by the constitution or any law, including the
17legislature and the courts.
AB748-SA2,25,1918 (h) “Family leave" means leave from employment, self-employment, or
19availability for employment for a reason specified in s. 103.10 (3) (b) 1., 2., 3., or 4.
AB748-SA2,25,2220 (i) “Family or medical leave insurance benefits" means family or medical leave
21insurance benefits payable under this section from the family and medical leave
22insurance trust fund.
AB748-SA2,25,2323 (j) “Grandchild" means the child of a child.
AB748-SA2,25,2424 (k) “Grandparent" means the parent of a parent.
AB748-SA2,26,7
1(L) “Medical leave" means leave from employment when a covered individual
2has a serious health condition that makes the individual unable to perform his or her
3employment duties, leave from self-employment when a covered individual has a
4serious health condition that makes the individual unable to perform the duties of
5his or her self-employment, or leave from availability for employment when a
6covered individual has a serious health condition that makes the individual unable
7to perform the duties of any suitable employment.
AB748-SA2,26,108 (m) “Parent" means a natural parent, foster parent, adoptive parent,
9stepparent, or legal guardian of an employee or of an employee's spouse or domestic
10partner.
AB748-SA2,26,1111 (n) “Serious health condition" has the meaning given in s. 103.10 (1) (g).
AB748-SA2,26,1312 (o) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or
13stepsister, whether by blood, marriage, or adoption.
AB748-SA2,26,1414 (p) “Spouse" means an employee's legal husband or wife.
AB748-SA2,26,1715 (q) “State annual median wage" means the median hourly wage for all
16occupations in this state, as determined by the bureau of labor statistics of the U.S.
17department of labor, multiplied by 2,080.
AB748-SA2,26,1918 (r) “Waiting period" means the period under sub. (4) (b) 1. for which no family
19or medical leave insurance benefits are payable.
AB748-SA2,27,2 20(2) Eligibility for benefits. (a) A covered individual who is on family or
21medical leave is eligible to receive family or medical leave insurance benefits in the
22amount specified in sub. (3) and for the duration specified in sub. (4). No family or
23medical leave insurance benefits are payable for any period of family or medical leave
24for which a covered individual is substituting paid leave of any other type provided

1by his or her employer or for which a covered individual is receiving unemployment
2insurance benefits under ch. 108 or worker's compensation benefits under ch. 102.
AB748-SA2,27,163 (b) Any sole proprietor, partner of a partnership, member of a limited liability
4company, or other self-employed individual engaged in a vocation, profession, or
5business in this state on a substantially full-time basis may elect to be covered under
6this section by filing a written notice of election with the department in a form and
7manner prescribed by the department by rule. An initial election under this
8paragraph becomes effective on the date on which the notice of election is filed, shall
9be for a period of not less than 3 years, and may be renewed for subsequent one-year
10periods by the filing of a written notice with the department that the self-employed
11individual intends to continue his or her coverage under this section. A
12self-employed individual who elects coverage under this section may withdraw that
13election no earlier than 3 years after the date of the initial election or at such other
14times as the department may prescribe by rule by providing notice of that
15withdrawal to the department not less than 30 days before the expiration date of the
16election.
AB748-SA2,28,217 (c) To receive family or medical leave insurance benefits, a covered individual
18shall file a claim for those benefits within such time and in such manner as the
19department may prescribe by rule. On receipt of a claim for family or medical leave
20insurance benefits, the department may request from the claimant's employer such
21information as may be necessary for the department to determine the claimant's
22eligibility for those benefits and the amount and duration of those benefits, and the
23employer shall provide that information to the department within such time and in
24such manner as the department may prescribe by rule. If the department determines
25that a claimant is eligible to receive family or medical leave insurance benefits, the

1department shall provide those benefits to the claimant as provided in subs. (3) to
2(5).
AB748-SA2,28,5 3(3) Amount of benefits. (a) Subject to par. (b), the amount of family or medical
4leave insurance benefits for a week of leave for which those benefits are payable is
5as follows:
AB748-SA2,28,86 1. For a covered individual who earned less than 30 percent of the state annual
7median wage in the calendar year before the individual's application year, 95 percent
8of that individual's average weekly earnings.
AB748-SA2,28,119 2. For a covered individual who earned at least 30 percent, but less than 50
10percent, of the state annual median wage in the calendar year before the individual's
11application year, 90 percent of that individual's average weekly earnings.
AB748-SA2,28,1412 3. For a covered individual who earned at least 50 percent, but less than 80
13percent, of the state annual median wage in the calendar year before the individual's
14application year, 85 percent of that individual's average weekly earnings.
AB748-SA2,28,1715 4. For a covered individual who earned at least 80 percent of the state annual
16median wage in the calendar year before the individual's application year, 66 percent
17of that individual's average weekly earnings.
AB748-SA2,28,2218 (b) The amount of family or medical leave insurance benefits for a fractional
19week of leave for which those benefits are payable is one-seventh of the covered
20individual's weekly benefit amount under par. (a) multiplied by the number of days
21of leave taken that week. Family or medical leave insurance benefits are not payable
22for a period of leave of less than one day in duration.
AB748-SA2,29,9 23(4) Duration of benefits. (a) The maximum number of weeks for which family
24or medical leave insurance benefits are payable in an application year is 12 weeks.
25A covered individual may take family or medical leave continuously or, at the option

1of the covered individual, intermittently or on a reduced leave schedule, except that
2a covered individual may not take family or medical leave intermittently or on a
3reduced leave schedule for more than 24 consecutive weeks unless the leave is for a
4reason specified in sub. (1) (L) or s. 103.10 (3) (b) 3. and the covered individual shows
5that the leave is medically necessary. If a covered individual who is employed intends
6to take family or medical leave intermittently or on a reduced leave schedule, the
7covered individual shall make a reasonable effort to schedule that leave so as not to
8unduly disrupt the operations of his or her employer and shall provide the employer
9with prior notice of that leave in a reasonable and practicable manner.
AB748-SA2,29,1710 (b) 1. Except as provided in subd. 2., no family or medical leave insurance
11benefits are payable for the first 5 calendar days in an application year for which a
12covered individual is eligible for those benefits. Except as provided in subd. 2., family
13or medical leave insurance benefits are payable beginning on the 6th calendar day
14in an application year for which a covered individual is eligible for those benefits.
15The first payment of family or medical leave insurance benefits shall be made no
16later than 2 weeks after a covered individual files a claim for those benefits and
17subsequent payments shall be made no less often than semimonthly.
AB748-SA2,29,2218 2. If a covered individual uses 10 or more days of family or medical leave
19insurance benefits in an application year, those benefits shall also be payable with
20respect to the covered individual's waiting period. An employer may not require a
21covered individual to use paid or unpaid leave of any other type provided by the
22employer during the covered individual's waiting period.
AB748-SA2,30,2 23(5) Coordination of benefits. (a) If family or medical leave for which benefits
24are payable under this section also qualifies as family or medical leave under s.
25103.10 (3) (b) or (4) (a) or 29 USC 2612 (a) (1), the family or medical leave for which

1those benefits are payable shall run concurrently with the family or medical leave
2under s. 103.10 (3) (b) or (4) (a) or 29 USC 2612 (a) (1).
AB748-SA2,30,63 (b) No collective bargaining agreement or employer policy may diminish or
4abridge an employee's rights under this section. Any agreement purporting to waive
5or modify an employee's rights under this section is void as against public policy and
6unenforceable.
AB748-SA2,30,97 (c) Nothing in this section prohibits an employer from providing employees
8with rights to family or medical leave insurance benefits that are more generous to
9the employee than the rights provided under this section.
AB748-SA2,30,12 10(6) Tax treatment of benefits. (a) State income tax. Family or medical leave
11insurance benefits received under this section are exempt from state income taxation
12under s. 71.05 (6) (b) 54.
AB748-SA2,30,1413 (b) Federal income tax. With respect to the federal income taxation of family
14or medical leave insurance benefits, the department shall do all of the following:
AB748-SA2,30,2015 1. At the time an individual files a claim for those benefits, advise the
16individual that those benefits are subject to federal income taxation, that
17requirements exist under federal law pertaining to estimated tax payments, and
18that the individual may elect to have federal income taxes withheld from the
19individual's benefit payments and may change that election not more than one time
20in an application year.
AB748-SA2,30,2421 2. Permit the individual to elect to have federal income tax deducted and
22withheld from the individual's benefit payments, permit the individual to change
23that election not more than one time in an application year, and deduct and withhold
24that tax in accordance with the individual's election as provided under 26 USC 3402.
AB748-SA2,31,3
13. Upon making a deduction under subd. 2., transfer the amount deducted from
2the family and medical leave insurance trust fund to the federal internal revenue
3service.
AB748-SA2,31,64 4. In deducting and withholding federal income taxes from an individual's
5benefit payments, follow all procedures specified by the federal internal revenue
6service pertaining to the deducting and withholding of federal income tax.
AB748-SA2,31,21 7(7) Family and medical leave insurance trust fund. Each employee and each
8self-employed individual who elects coverage under sub. (2) (b) shall contribute to
9the family and medical leave insurance trust fund a percentage of his or her wages
10from employment or income from self-employment determined by the department
11under this subsection. In determining that percentage, the department shall consult
12with the commissioner of insurance, who shall recommend a percentage that is
13sufficient to finance the payment of benefits under sub. (2) (c) and the administration
14of the family and medical leave insurance program under this section. The
15department shall collect those contributions from employers and self-employed
16individuals who elect coverage under sub. (2) (b) in the same manner as the
17department collects contributions to the unemployment reserve fund under ss.
18108.17 and 108.18. Section 108.10 applies to issues regarding liability of employers
19for contributions under this subsection. Contributions received under this
20subsection shall be deposited in the family and medical leave insurance trust fund
21and credited to the appropriation account under s. 20.445 (1) (w).
AB748-SA2,32,2 22(8) Denial of claims; overpayments. (a) An individual whose claim for family
23or medical leave insurance benefits is denied by the department may request a
24hearing on the denial, and the department shall process the request for a hearing in

1the same manner that requests for hearings on unemployment insurance claims are
2processed under s. 108.09.
AB748-SA2,32,133 (b) If the department pays family or medical leave insurance benefits
4erroneously or as a result of willful misrepresentation, the department may seek
5repayment of those benefits in the same manner that the department recovers
6erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22
7(8), and 108.225. The department may waive recovery of an erroneous payment of
8family or medical leave insurance benefits if the erroneous payment was not the fault
9of the person who received it and if requiring repayment would be contrary to equity
10and good conscience. If an individual willfully makes a false statement or
11representation, or willfully fails to disclose a material fact, to obtain family or
12medical leave insurance benefits under this section, the individual is disqualified
13from receiving those benefits for one year after the date of the disqualification.
AB748-SA2,32,15 14(9) Prohibited acts. (a) No person may interfere with, restrain, or deny the
15exercise of any right provided under this section.
AB748-SA2,32,2016 (b) No person may discharge or otherwise discriminate against any person for
17exercising any right provided under this section, opposing a practice prohibited
18under this section, filing a complaint or attempting to enforce any right provided
19under this section, or testifying or assisting in any action or proceeding to enforce any
20right provided under this section.
AB748-SA2,33,9 21(10) Enforcement. (a) Any person who believes that his or her rights under
22this section have been interfered with, restrained, or denied in violation of sub. (9)
23(a) or that he or she has been discharged or otherwise discriminated against in
24violation of sub. (9) (b) may, within 30 days after the violation occurs or the person
25should reasonably have known that the violation occurred, whichever is later, file a

1complaint with the department alleging the violation, and the department shall
2process the complaint in the same manner as complaints filed under s. 103.10 (12)
3(b) are processed. If the department finds that an employer has violated sub. (9) (a)
4or (b), the department may order the employer to take action to remedy the violation,
5including providing the requested family or medical leave, reinstating an employee,
6providing back pay accrued not more than 2 years before the complaint was filed, and
7paying reasonable actual attorney fees to the complainant. Section 111.322 (2m)
8applies to a discharge or other discriminatory act arising in connection with any
9proceeding under this paragraph.
AB748-SA2,33,1410 (b) After the completion of an administrative proceeding under par. (a),
11including judicial review, an employee or the department may bring an action in
12circuit court against an employer to recover damages caused by a violation of sub. (9)
13(a) or (b). Section 103.10 (13) (b) applies to the commencement of an action under this
14paragraph.
AB748-SA2,33,17 15(11) Administration. The department shall administer the family and medical
16leave insurance program under this section. In administering that program, the
17department shall do all of the following:
AB748-SA2,33,1918 (a) Establish procedures and forms for the filing of claims for benefits under
19this section.
AB748-SA2,33,2320 (b) Promulgate rules to implement this section. Those rules shall maintain
21consistency with the regulations specified in 29 CFR Part 825 and the rules
22promulgated by the department to implement s. 103.10 to the extent that those
23regulations and rules do not conflict with this section.
AB748-SA2,34,324 (c) Use information sharing and integration technology to facilitate the
25exchange of information as necessary for the department to perform its duties under

1this section. Notwithstanding s. 19.35 (1), individual personal information
2maintained by the department under this section is confidential and not open to
3public inspection and copying and may be disclosed only as follows:
AB748-SA2,34,54 1. On the request of the individual who is the subject of the information or the
5individual's authorized representative, to the individual or representative.
AB748-SA2,34,86 2. With the written permission of the individual who is the subject of the
7information or the individual's authorized representative, to a person named in the
8permission.
AB748-SA2,34,109 3. To a public employee for use in the performance of the public employee's
10official duties.
AB748-SA2,34,1311 4. Under a court order or an order of a hearing examiner that is obtained upon
12prior notice to the department and a showing to the court or hearing examiner that
13the information is relevant to a pending court or administrative action.
AB748-SA2,34,1814 (d) Conduct a public outreach campaign to inform employers, employees,
15self-employed individuals, and other covered individuals regarding the family and
16medical leave insurance program under this section. Information provided under
17this paragraph shall be provided in English and in any other language customarily
18spoken by more than 20 percent of the population of this state.
AB748-SA2,34,2519 (e) By September 1 of each year, submit a report to the governor, the joint
20committee on finance, and the appropriate standing committees of the legislature
21under s. 13.172 (3) on the family and medical leave insurance program under this
22section. The report shall include the projected and actual rates of participation in
23the program, the premium rates for coverage under the program, the balance in the
24family and medical leave insurance trust fund under s. 25.52, and a description of
25the department's outreach efforts under par. (d).
AB748-SA2,35,5
1(12) Notice posted. Each employer shall post, on its Internet site and in one
2or more conspicuous places where notices to employees are customarily posted, a
3notice in a form approved by the department setting forth employees' rights under
4this section. Any employer that violates this subsection shall forfeit not more than
5$100 for each violation.”.
AB748-SA2,35,6 616. Page 5, line 15: after “employer" insert “, subject to s. 103.105,".
AB748-SA2,35,7 717. Page 6, line 8: delete lines 8 to 19 and substitute:
AB748-SA2,35,8 8 Section 4m. 103.135 of the statutes is created to read:
AB748-SA2,35,12 9103.135 Compensation information of employees and prospective
10employees.
(1) Unlawful employer conduct related to prospective employee
11compensation information
. (a) No employer may directly or indirectly do any of the
12following:
AB748-SA2,35,1513 1. Rely on or, subject to par. (b), solicit from a prospective employee or a
14prospective employee's current or former employer information about the
15prospective employee's current or prior compensation.
AB748-SA2,35,1816 2. Require that a prospective employee's current or prior compensation meet
17certain criteria in order for the prospective employee to be considered for
18employment.
AB748-SA2,35,2419 3. Refuse to hire or employ or otherwise discriminate against a prospective
20employee in compensation or in the terms, conditions, or privileges of employment
21for opposing a practice prohibited under this paragraph, filing or indicating an intent
22to file a complaint or otherwise attempting to enforce any right under this paragraph,
23or testifying, assisting, or participating in any manner in any investigation, action,
24or proceeding to enforce any right under this paragraph.
AB748-SA2,36,4
1(b) After an employer has offered employment to a prospective employee and
2the details of compensation have been agreed upon, the employer may obtain the
3prospective employee's written consent for the employer to solicit information about,
4or take action to confirm, the prospective employee's current or prior compensation.
AB748-SA2,36,8 5(2) Disclosure of compensation information by employees. (a) An employee
6may disclose the details of the employee's compensation to anyone and, subject to par.
7(d), may discuss the compensation of other employees and may ask other employees
8for details regarding their compensation.
AB748-SA2,36,119 (b) Except as provided in par. (d), no employer may interfere with, restrain, or
10deny the exercise of the right of an employee to disclose, discuss, or inquire about
11compensation as provided in par. (a).
AB748-SA2,36,1812 (c) An employer may not discharge or discriminate against an employee in
13promotion, in compensation, or in the terms, conditions, or privileges of employment
14for disclosing, discussing, or inquiring about compensation as provided in par. (a),
15opposing a practice prohibited under par. (b), filing or indicating an intent to file a
16complaint or otherwise attempting to enforce any right under par. (a), or testifying,
17assisting, or participating in any manner in any investigation, action, or proceeding
18to enforce any right under par. (a).
AB748-SA2,36,2319 (d) Subject to s. 19.35, an employer may prohibit a human resources or payroll
20employee, a supervisor, or any other employee whose job responsibilities require or
21allow the employee access to other employees' compensation information from
22disclosing information about any other employee's compensation without that
23employee's prior written consent.
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