AB200,13,1715 1. If In the employment position which the employe held immediately before
16when the family leave or medical leave began is vacant when the employe returns,
17in that position
.
AB200,13,2218 2. If the employment position which the employe held immediately before the
19family leave or medical leave began is not vacant when the employe returns, in
In
20an equivalent employment position having equivalent compensation, employment
21benefits, working shift, hours of employment and other terms and conditions of
22employment.
AB200, s. 44 23Section 44. 103.10 (8) (b) of the statutes is amended to read:
AB200,14,224 103.10 (8) (b) No employer may, because an employe received family leave or
25medical leave, reduce or deny an employment benefit which accrued to the employe

1before his or her leave began or, consistent with sub. (9), accrued after his or her leave
2began
.
AB200, s. 45 3Section 45. 103.10 (8) (c) of the statutes is repealed and recreated to read:
AB200,14,64 103.10 (8) (c) An employer may require an employe who is on family or medical
5leave to report periodically to the employer on the employe's status and intention of
6returning to work.
AB200, s. 46 7Section 46. 103.10 (8) (d) of the statutes is created to read:
AB200,14,118 103.10 (8) (d) Notwithstanding par. (a), an employer may adopt a uniformly
9applied practice or policy that requires an employe who is returning from leave under
10sub. (3) (d) to obtain a certification from the employe's health care provider that the
11employe is able to return to work.
AB200, s. 47 12Section 47. 103.10 (8) (e) of the statutes is created to read:
AB200,14,1513 103.10 (8) (e) Notwithstanding par. (a), an employer may deny placement in
14an employment position described in par. (a) 1. and 2. to an employe who returns from
15family leave or medical leave if all of the following apply:
AB200,14,1816 1. The employe is a salaried employe who before the leave was among the
17highest-paid 10% of the employes employed by the employer within 75 miles of the
18worksite at which the employe is employed.
AB200,14,2019 2. That denial is necessary to prevent substantial and grievous economic injury
20to the operations of the employer.
AB200,14,2321 3. The employer notifies the employe of the employer's intent to deny that
22placement based on the conditions specified in subds. 1. and 2. at the time the
23employer determines that the injury described in subd. 2. would occur.
AB200,14,2524 4. In the case of an employe who receives the notice under subd. 3. after the
25leave has begun, the employe elects not to return to employment with the employer.
AB200, s. 48
1Section 48. 103.10 (9) (b) of the statutes is amended to read:
AB200,15,102 103.10 (9) (b) Subject to par. (c), during a period that an employe takes family
3leave or medical leave, his or her employer shall maintain group health insurance
4coverage at the level and under the conditions that applied immediately before the
5family leave or medical leave began. If the employe continues making any
6contribution required for participation in the group health insurance plan, the
7employer shall continue making group health insurance premium contributions as
8if the employe had not taken the family leave or medical
the employer would have
9provided coverage if the employe had continued in employment continuously during
10that
leave.
AB200, s. 49 11Section 49. 103.10 (9) (c) of the statutes is repealed and recreated to read:
AB200,15,1812 103.10 (9) (c) An employer may recover from an employe the premium paid by
13the employer to maintain group health insurance coverage for the employe during
14a period of unpaid family leave or medical leave if the employe fails to return from
15that leave after the period of leave to which the employe is entitled has expired for
16a reason other than the continuation, recurrence or onset of a serious health
17condition that entitles the employe to leave under sub. (3) (c) or (d) or other
18circumstances beyond the control of the employe.
AB200, s. 50 19Section 50. 103.10 (9) (d) of the statutes is repealed and recreated to read:
AB200,16,420 103.10 (9) (d) If an employe claims that he or she is unable to return to work
21because of the continuation, recurrence or onset of a serious health condition as
22described in par. (c), the employer may require the employe to provide certification
23issued by the health care provider or Christian Science practitioner of the child,
24spouse, parent or employe, whichever is appropriate, that the employe was needed
25to care for his or her child, spouse or parent on the day that the employe's leave

1expired or that a serious health condition prevented the employe from being able to
2perform the duties of the employe's position on the day that the employe's leave
3expired. The employe shall provide a copy of the certification under this paragraph
4to the employer in a timely manner.
AB200, s. 51 5Section 51. 103.10 (10) of the statutes is repealed and recreated to read:
AB200,16,76 103.10 (10) Instructional employes. (a) In this subsection, "educational
7agency" has the meaning given in s. 115.31 (1) (b).
AB200,16,148 (b) If an employe who is employed principally in an instructional capacity by
9an educational agency requests intermittent leave or leave on a reduced-leave
10schedule under sub. (3) (c) or (d) that is foreseeable for planned medical treatment,
11complies with the requirements under sub. (6) (b) and would be on leave for greater
12than 20% of the total number of working days during the period in which the leave
13would extend, the educational agency may require that employe to elect to do one of
14the following:
AB200,16,1615 1. To take leave for periods of a particular duration, not to exceed the duration
16of the planned medical treatment.
AB200,16,1817 2. To transfer temporarily to an alternative employment position as provided
18in sub. (4g) (b).
AB200,16,2419 (c) 1. If an employe who is employed principally in an instructional capacity by
20an educational agency begins family leave or medical leave more than 5 weeks before
21the end of a semester, the educational agency may require the employe to continue
22taking leave until the end of the semester if the family leave or medical leave is for
23a period of at least 3 weeks in duration and the return to employment would occur
24during the 3-week period before the end of the semester.
AB200,17,7
12. If an employe who is employed principally in an instructional capacity by an
2educational agency begins leave under sub. (3) (a), (b) or (c) during the period that
3begins 5 weeks before the end of a semester and ends 3 weeks before the end of a
4semester, the educational agency may require the employe to continue taking leave
5until the end of the semester if the leave under sub. (3) (a), (b) or (c) is for a period
6of more than 2 weeks in duration and the return to employment would occur during
7the 2-week period before the end of the semester.
AB200,17,128 3. If an employe who is employed principally in an instructional capacity by an
9educational agency begins leave under sub. (3) (a), (b) or (c) less than 3 weeks before
10the end of a semester and the leave is for a period of more than 5 working days, the
11educational agency may require the employe to continue taking leave until the end
12of the semester.
AB200,17,1613 (d) An educational agency shall determine what is an equivalent employment
14position under sub. (8) (a) 2. based on policies and practices established by the
15educational agency and on any applicable collective bargaining agreement to which
16the educational agency is a party.
AB200, s. 52 17Section 52. 103.10 (11) (c) of the statutes is repealed and recreated to read:
AB200,17,2118 103.10 (11) (c) 1. No person may discharge or in any manner discriminate
19against any individual for filing a complaint or attempting to enforce any right under
20this section or for testifying or assisting in any action or proceeding to enforce any
21right under this section.
AB200,17,2422 2. No person may discharge or in any manner discriminate against any
23individual because that person believes that the individual has engaged or may
24engage in an activity described in subd. 1.
AB200, s. 53 25Section 53. 103.10 (11) (d) of the statutes is created to read:
AB200,18,3
1103.10 (11) (d) Notwithstanding pars. (a) to (c), any action taken by an
2employer to comply with 29 USC 2601 to 2654 is not considered to be a violation of
3this section.
AB200, s. 54 4Section 54. 103.10 (12) (b) of the statutes is amended to read:
AB200,18,165 103.10 (12) (b) An employe who believes that his or her employer has violated
6sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employe should
7reasonably have known that the violation occurred, whichever is later,
file a
8complaint with the department alleging the violation. A complaint under this
9subsection may be filed no later than 300 days after the date of the last event
10constituting the alleged violation for which the complaint is brought.
Except as
11provided in s. 230.45 (1m), the department shall investigate the complaint and shall
12attempt to resolve the complaint by conference, conciliation or persuasion. If the
13complaint is not resolved and the department finds probable cause to believe a
14violation has occurred, the department shall proceed with notice and a hearing on
15the complaint as provided in ch. 227. The hearing shall be held within 60 days after
16the department receives the complaint.
AB200, s. 55 17Section 55. 103.10 (12) (c) of the statutes is repealed.
AB200, s. 56 18Section 56. 103.10 (12) (d) of the statutes is amended to read:
AB200,18,2419 103.10 (12) (d) The department shall issue its decision and order within 30 days
20after the hearing. If the department finds that an employer violated sub. (11) (a) or
21(b)
, it may order the employer to take action to remedy the violation, including
22providing requested family leave or medical leave, reinstating an employe, and
23providing back pay accrued not more than 2 years before the complaint was filed and
24paying reasonable actual attorney fees to the complainant
.
AB200, s. 57 25Section 57. 103.10 (12) (e) of the statutes is created to read:
AB200,19,3
1103.10 (12) (e) Any respondent or complainant who is dissatisfied with the
2findings and order of the examiner may file a written petition with the department
3for review by the commission of the findings and order.
AB200, s. 58 4Section 58. 103.10 (12) (f) of the statutes is created to read:
AB200,19,145 103.10 (12) (f) If no petition is filed within 21 days from the date that a copy
6of the findings and order of the examiner is mailed to the last-known address of the
7respondent, the findings and order shall be considered final. If a timely petition is
8filed, the commission, on review, may either affirm, reverse or modify the findings
9or order in whole or in part, or set aside the findings and order and remand to the
10department for further proceedings. Such actions shall be based on a review of the
11evidence submitted. If the commission is satisfied that a respondent or complainant
12has been prejudiced because of exceptional delay in the receipt of a copy of any
13findings and orders it may extend the time another 21 days for filing the petition with
14the department.
AB200, s. 59 15Section 59. 103.10 (12) (g) of the statutes is created to read:
AB200,19,2216 103.10 (12) (g) On motion, the commission may set aside, modify or change any
17decision made by the commission, at any time within 28 days from the date thereof
18if it discovers any mistake therein, or upon the grounds of newly discovered evidence.
19The commission may on its own motion, for reasons it considers sufficient, set aside
20any final decision of the commission within one year after the date thereof upon
21grounds of mistake or newly discovered evidence, and remand the case to the
22department for further proceedings.
AB200, s. 60 23Section 60. 103.10 (13) of the statutes is repealed.
AB200, s. 61 24Section 61. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and
25amended to read:
AB200,20,7
1103.10 (14) Notice posted. Each employer shall post, in one or more
2conspicuous places on the employer's premises where notices to employes and
3applicants for employment
are customarily posted, a notice in a form prepared or
4approved by the department setting forth employes' rights under this section
5excerpts from, or summaries of, the pertinent provisions of this section and
6information relating to the filing of a complaint under sub. (12)
. Any employer who
7wilfully violates this subsection shall forfeit not more than $100 for each offense.
AB200, s. 62 8Section 62. 103.10 (14) (b) of the statutes is repealed.
AB200, s. 63 9Section 63. 103.10 (15) of the statutes is created to read:
AB200,20,1210 103.10 (15) Local ordinances. A county, city, village or town may enact an
11ordinance that provides employes with rights to family leave or medical leave that
12are more generous to the employe than the rights provided under this section.
AB200, s. 64 13Section 64. 103.10 (16) of the statutes is created to read:
AB200,20,1614 103.10 (16) Rules. The department shall promulgate rules to implement this
15section. Those rules shall conform to 29 CFR 825 to the extent that 29 CFR 825 is
16consistent with this section.
AB200, s. 65 17Section 65. 111.322 (2m) (a) of the statutes is amended to read:
AB200,20,2018 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
19right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03
20or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB200, s. 66 21Section 66. 111.322 (2m) (b) of the statutes is amended to read:
AB200,20,2422 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
23held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
24103.455, 103.50, 104.12, 109.03 or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB200, s. 67 25Section 67. 252.17 (3) (i) of the statutes is repealed.
AB200, s. 68
1Section 68. 252.17 (4) (a) of the statutes is amended to read:
AB200,21,122 252.17 (4) (a) Except as provided in pars. (b) and (c) par. (b), if an individual
3satisfies sub. (3), the department shall pay the amount of each premium payment for
4coverage under the group health plan under sub. (3) (d) that is due from the
5individual on or after the date on which the individual becomes eligible for a subsidy
6under sub. (3). The department may not refuse to pay the full amount of the
7individual's contribution to each premium payment because the coverage that is
8provided to the individual who satisfies sub. (3) includes coverage of the individual's
9spouse and dependents. Except as provided in par. (b), the department shall
10terminate the payments under this section when the individual's unpaid medical
11leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of
1229 months after the unpaid medical leave began, whichever occurs first.
AB200, s. 69 13Section 69. 252.17 (4) (c) of the statutes is repealed.
AB200, s. 70 14Section 70. 632.897 (6) of the statutes is amended to read:
AB200,21,2015 632.897 (6) If the terminated insured elects to continue group coverage as
16provided in this section, the insurer may require conversion to individual coverage
17by the terminated insured and his or her spouse and dependents 18 months after the
18terminated insured elects the group coverage except as provided in s. 103.10 (9) (d).
19The conditions, rights and procedures governing conversion under sub. (4) (a) apply
20to this conversion.
AB200, s. 71 21Section 71. 893.96 of the statutes is repealed.
AB200, s. 72 22Section 72. Initial applicability.
AB200,22,2 23(1)  This act first applies to an employe, as defined in section 103.10 (1) (b) of
24the statutes, as affected by this act, who is covered under a collective bargaining
25agreement on the effective date of this subsection on the day after the collective

1bargaining agreement expires or on the day that the collective bargaining agreement
2is extended, modified or renewed.
AB200, s. 73 3Section 73. Effective date.
AB200,22,5 4(1) This act takes effect on the first day of the 6th month beginning after
5publication.
AB200,22,66 (End)
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