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LRB-2097/P2
MED:amn&ahe
2019 - 2020 LEGISLATURE
DOA:......Hynek, BB0409 - UI Substantial Fault
For 2019-2021 Budget -- Not Ready For Introduction
An Act ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Employment
1. Unemployment insurance; substantial fault.
Under current law, an employee whose work is terminated by his or her employer for substantial fault by the employee connected with the employee's work is ineligible to receive unemployment insurance (UI) benefits until seven weeks have elapsed since the end of the week in which the termination occurs and the employee earns wages, or certain other amounts treated as wages, after the week in which the termination occurs, equal to at least 14 times the employee's weekly benefit rate in covered employment. With certain exceptions, current law defines “substantial fault” to include those acts or omissions of an employee over which the employee exercised reasonable control and which violate reasonable requirements of the employee's employer.
This bill repeals the provision on substantial fault and replaces it with a provision on absenteeism and tardiness by an employee. Under the bill, if an employee is discharged for failing to notify an employer of absenteeism or tardiness that becomes excessive under certain conditions, the employee is ineligible to receive benefits until at least six weeks have elapsed since the end of the week in which the discharge occurs and until the employee earns wages, or certain other amounts treated as wages, after the week in which the discharge occurs, equal to at least six times the employee's weekly benefit rate in covered employment.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 102.43 (9) (e) of the statutes is amended to read:
102.43 (9) (e) The employee's employment with the employer has been suspended or terminated due to misconduct, as defined in s. 108.04 (5), by the employee connected with the employee's work or substantial fault, as defined for failing to notify his or her employer of absenteeism or tardiness that becomes excessive as provided in s. 108.04 (5g) (a), by the employee connected with the employee's work.
Section 2. 108.04 (5) (intro.) of the statutes is amended to read:
108.04 (5) Discharge for misconduct. (intro.) An Unless sub. (5g) results in disqualification, an employee whose work is terminated by an employing unit for misconduct by the employee connected with the employee's work is ineligible to receive benefits until 7 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 14 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be the rate that would have been paid had the discharge not occurred. The wages paid to an employee by an employer which terminates employment of the employee for misconduct connected with the employee's employment shall be excluded from the employee's base period wages under s. 108.06 (1) for purposes of benefit entitlement. This subsection does not preclude an employee who has employment with an employer other than the employer which terminated the employee for misconduct from establishing a benefit year using the base period wages excluded under this subsection if the employee qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall charge to the fund's balancing account any benefits otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 from which base period wages are excluded under this subsection. For purposes of this subsection, “misconduct" means one or more actions or conduct evincing such willful or wanton disregard of an employer's interests as is found in deliberate violations or disregard of standards of behavior which an employer has a right to expect of his or her employees, or in carelessness or negligence of such degree or recurrence as to manifest culpability, wrongful intent, or evil design of equal severity to such disregard, or to show an intentional and substantial disregard of an employer's interests, or of an employee's duties and obligations to his or her employer. In addition, “misconduct" includes:
Section 3. 108.04 (5g) of the statutes is repealed and recreated to read:
108.04 (5g) Discharge for failure to notify employer of absenteeism or tardiness. (a) If an employee is discharged for failing to notify his or her employer of absenteeism or tardiness that becomes excessive, and the employer has complied with the requirements of par. (d) with respect to that employee, the employee is ineligible to receive benefits until 6 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment or other work covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be the rate that would have been paid had the discharge not occurred.
(b) For purposes of this subsection, tardiness becomes excessive if an employee is late for 6 or more scheduled workdays in the 12-month period preceding the date of the discharge without providing adequate notice to his or her employer.
(c) For purposes of this subsection, absenteeism becomes excessive if an employee is absent for 5 or more scheduled workdays in the 12-month period preceding the date of the discharge without providing adequate notice to his or her employer.
(d) 1. The requalifying requirements under par. (a) apply only if the employer has a written policy on notification of tardiness or absences that satisfies all of the following:
a. Defines what constitutes a single occurrence of tardiness or absenteeism.
b. Describes the process for providing adequate notice of tardiness or absence.
c. Notifies the employee that failure to provide adequate notice of an absence or tardiness may lead to discharge.
2. The employer shall provide a copy of the written policy under subd. 1. to each employee and shall have written evidence that the employee received a copy of that policy.
3. The employer must have given the employee at least one warning concerning the employee's violation of the employer's written policy under subd. 1. within the 12-month period preceding the date of the discharge.
4. The employer must apply the written policy under subd. 1. uniformly to all employees of the employer.
(e) The department shall charge to the fund's balancing account the cost of any benefits paid to an employee that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 if the employee is discharged by that employer and par. (a) applies.
(em) If an employee is not disqualified under this subsection, the employee may nevertheless be subject to the disqualification under sub. (5).
Section 9350. Initial applicability; Workforce Development.
(1) Unemployment insurance; substantial fault. The treatment of s. 108.04 (5) (intro.) and (5g) first applies with respect to determinations issued under s. 108.09 on the effective date of this subsection.
Section 9450. Effective dates; Workforce Development.
(1) Unemployment insurance; substantial fault. The treatment of s. 108.04 (5) (intro.) and (5g) and Section 9350 (1) of this act take effect on January 5, 2020.
(End)