Certification
Under current law, an employer may require an employe to obtain a 2nd
opinion, at the employer's expense, concerning the certification provided by the
employe's health care provider. Also under current law, if the employe has
commenced an administrative proceeding regarding the alleged denial of leave due
to a serious health condition of the employe or of a child, spouse or parent, and if the
original certification and 2nd opinion differ, the department of industry, labor and
human relations (DILHR) may appoint a health care provider to render a 3rd
opinion, with the expense of obtaining that opinion to be shared equally by the
employer and employe. This bill permits the employer to require the employe, prior
to any administrative proceedings, to obtain a 3rd opinion, at the employer's
expense, if the original certification and 2nd opinion differ. The employer and
employe must jointly designate the 3rd opinion provider.

Employment and benefits protection
Under current law, upon the return of an employe from family or medical leave,
an employer must place the employe in the position the employe held immediately
before that leave began, if the position is vacant, or, if the position is not vacant, in
an equivalent employment position having equivalent pay, benefits, and other terms
and conditions of employment. This bill permits the employer to place a returning
employe either in the employe's old position or in an equivalent position without
regard to whether the old position is vacant. The bill specifies that to be reinstated,
the employe must have actually taken the leave for the purpose for which it was
intended. The bill also permits an employer to require an employe who is on leave
to report to the employer periodically on the employe's status and intention of
returning to work.
Under current law, an employer must maintain group health insurance
coverage for an employe on leave under the conditions that applied immediately
before the leave. This bill requires an employer to maintain that coverage at the level
and under the conditions that the employer would have provided coverage if the
employe had continued in employment.
Under current law, an employer may require an employe to place in escrow with
the employer the premium for 8 weeks of group health insurance coverage and the
employer may keep from that escrow account the amount that the employer paid for
that coverage if the employe does not return from leave. This bill eliminates the
escrow requirement, but permits the employer to recover those premiums if the
employe does not return to work for reasons other than the recurrence, onset or
continuation of a serious health condition or other circumstances beyond the
employe's control.
Enforcement
Under current law, an employe who believes that his or her employer has
violated the family or medical leave law may file a complaint with DILHR within 30
days after the employe knew or should have known of the violation. This bill extends
that time limit to 300 days after the date of the last event constituting the alleged
violation.
Under current law, an employe or DILHR may commence a civil action in circuit
court to collect damages from an employer for a violation of the family or medical
leave law. This bill eliminates civil actions for violations of the family and medical
leave law.
Special provisions
Finally, the bill makes special provisions for certain classes of employes. If a
husband and wife both work for the same employer, the employer may limit their
combined leave to 12 weeks in a 12-month period. If a teacher begins leave within
5 weeks of the end of the semester, and the leave is of a certain duration depending
on how close to the end of the semester the teacher would return to work, the
teacher's employer may require the teacher to continue taking leave until the end of
the semester. The bill also permits an employer to deny reinstatement following
leave to an employe who is among the highest-paid 10% of the employer's employes
if that denial is necessary to prevent substantial and grievous economic injury to the

employer and if the employer so notifies the employe at the time the employer
determines that the injury will occur, except that if the employe receives notice
during the leave, the employe must agree not to return to work.
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:
AB200, s. 1 1Section 1. 103.10 (1) (a) (intro.) of the statutes is amended to read:
AB200,5,42 103.10 (1) (a) (intro.) "Child" means a natural, adopted, foster or treatment
3foster child, a stepchild or a legal ward, or an individual for whom an employe stands
4in the place of a parent,
to whom any of the following applies:
AB200, s. 2 5Section 2. 103.10 (1) (a) 2. of the statutes is amended to read:
AB200,5,86 103.10 (1) (a) 2. The individual is 18 years of age or older and cannot care for
7himself or herself
is incapable of self-care because of a serious health condition
8mental or physical disability.
AB200, s. 3 9Section 3. 103.10 (1) (b) of the statutes is amended to read:
AB200,5,1210 103.10 (1) (b) "Employe" means an individual employed in this state by an
11employer, except the employer's parent, spouse or child other than an individual
12described in 29 USC 203 (e) (2) (C) (i) and (ii) and (4), as amended to April 15, 1986
.
AB200, s. 4 13Section 4. 103.10 (1) (c) of the statutes is amended to read:
AB200,6,214 103.10 (1) (c) Except as provided in sub. (14) (b), "employer" "Employer" means
15a person engaging in any activity, enterprise or business in this state employing at
16least 50 individuals on a permanent basis for each working day during each of 20 or
17more calendar weeks in the current or preceding year
. "Employer" includes the state
18and any office, department, independent agency, authority, institution, association,
19society or other body in state government created or authorized to be created by the
20constitution or any law, including the legislature and the courts. "Employer" also

1includes any person who acts, directly or indirectly, in the interest of an employer
2with respect to an employe and any successor in interest of an employer.
AB200, s. 5 3Section 5. 103.10 (1) (d) of the statutes is amended to read:
AB200,6,94 103.10 (1) (d) "Employment benefit" means an insurance, leave or retirement
5a benefit which that an employer provides or makes available to an employe ,
6including group life insurance, health insurance, disability insurance, sick leave,
7annual leave, educational benefits and pensions, regardless of whether those
8benefits are provided by a practice or policy of the employer or through an employe
9benefit plan, as defined in 29 USC 1002 (3)
.
AB200, s. 6 10Section 6. 103.10 (1) (f) of the statutes is amended to read:
AB200,6,1411 103.10 (1) (f) "Parent" means a natural parent, foster parent, treatment foster
12parent, adoptive parent, stepparent or legal guardian of an employe or an employe's
13spouse
a person who stood in the place of a parent of the employe when the employe
14was a child
.
AB200, s. 7 15Section 7. 103.10 (1) (fm) of the statutes is created to read:
AB200,6,1716 103.10 (1) (fm) "Reduced-leave schedule" means a leave schedule that reduces
17the usual number of hours that an employe works per day or per week.
AB200, s. 8 18Section 8. 103.10 (1) (g) (intro.) of the statutes is amended to read:
AB200,6,2119 103.10 (1) (g) (intro.) "Serious health condition" means a disabling physical or
20mental
an illness, injury, impairment or physical or mental condition involving any
21of the following:
AB200, s. 9 22Section 9. 103.10 (1) (g) 2. of the statutes is amended to read:
AB200,6,2423 103.10 (1) (g) 2. Outpatient care that requires continuing Continuing
24treatment or supervision by a health care provider.
AB200, s. 10 25Section 10. 103.10 (2) (c) of the statutes is amended to read:
AB200,7,7
1103.10 (2) (c) This section only applies to an employe who has been employed
2for at least 12 months by the same employer for more than 52 consecutive weeks from
3whom leave under sub. (3) is requested
and who worked for the that employer for at
4least 1,000 1,250 hours during the preceding 52-week 12-month period. This section
5does not apply to an employe who is employed at a worksite at which the employer
6employs less than 50 employes if the total number of employes employed by the
7employer within 75 miles of that worksite is less than 50.
AB200, s. 11 8Section 11. 103.10 (3) (title) of the statutes is amended to read:
AB200,7,99 103.10 (3) (title) Family Entitlement to leave.
AB200, s. 12 10Section 12. 103.10 (3) (a) 1. of the statutes is renumbered 103.10 (3) (intro.)
11and amended to read:
AB200,7,1412 103.10 (3) (intro.) In a 12-month period no an employe may take more than 6
1312 weeks of family leave under par. (b) 1. and 2. for any one or more of the following
14reasons:
AB200, s. 13 15Section 13. 103.10 (3) (a) 2. of the statutes is repealed.
AB200, s. 14 16Section 14. 103.10 (3) (a) 3. of the statutes is repealed.
AB200, s. 15 17Section 15. 103.10 (3) (b) (intro.) of the statutes is repealed.
AB200, s. 16 18Section 16. 103.10 (3) (b) 1. of the statutes is renumbered 103.10 (3) (a) and
19amended to read:
AB200,7,2220 103.10 (3) (a) The Because of the birth of the employe's natural child, if the
21leave is taken to care for the child and
if the leave begins within 16 weeks of 12
22months after
the child's birth.
AB200, s. 17 23Section 17. 103.10 (3) (b) 2. of the statutes is renumbered 103.10 (3) (b) and
24amended to read:
AB200,8,4
1103.10 (3) (b) The Because of the placement of a child with the employe for
2adoption or as a precondition to adoption under s. 48.90 (2), but not both, or for foster
3care,
if the leave is taken to care for the child and if the leave begins within 16 weeks
4of
12 months after the child's placement.
AB200, s. 18 5Section 18. 103.10 (3) (b) 3. of the statutes is renumbered 103.10 (3) (c).
AB200, s. 19 6Section 19. 103.10 (3) (c) of the statutes is repealed.
AB200, s. 20 7Section 20. 103.10 (3) (d) of the statutes is repealed.
AB200, s. 21 8Section 21. 103.10 (3m) of the statutes is created to read:
AB200,8,149 103.10 (3m) Spouses employed by same employer. If a husband and wife are
10entitled to leave under sub. (3) and are employed by the same employer, the employer
11may limit to 12 weeks during any 12-month period the aggregate number of weeks
12of leave that the husband and wife may take for the birth or placement of a child
13under sub. (3) (a) or (b) or to care for a parent who has a serious health condition
14under sub. (3) (c).
AB200, s. 22 15Section 22. 103.10 (4) (title) of the statutes is repealed.
AB200, s. 23 16Section 23. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (d) and
17amended to read:
AB200,8,2118 103.10 (3) (d) Subject to pars. (b) and (c), an employe who has Because of a
19serious health condition which that makes the employe unable to perform his or her
20employment duties may take medical leave for the period during which he or she is
21unable to perform those
the duties of the employe's position.
AB200, s. 24 22Section 24. 103.10 (4) (b) of the statutes is repealed.
AB200, s. 25 23Section 25. 103.10 (4) (c) of the statutes is repealed.
AB200, s. 26 24Section 26. 103.10 (4g) of the statutes is created to read:
AB200,9,8
1103.10 (4g) Leave taken intermittently or on a reduced-leave schedule. (a)
2An employe may not take leave under sub. (3) (a) or (b) intermittently or on a
3reduced-leave schedule unless agreed to by the employer. Subject to par. (b) and
4subs. (6) (b) and (7) (b) 5., an employe may take leave under sub. (3) (c) or (d)
5intermittently or on a reduced-leave schedule when medically necessary. If an
6employe takes leave intermittently or on a reduced-leave schedule, the employe's
7employer may not reduce the amount of leave under sub. (3) to which the employe
8is entitled by an amount that is beyond the amount of leave actually taken.
AB200,9,159 (b) If an employe requests intermittent leave or leave on a reduced-work
10schedule under sub. (3) (c) or (d) that is foreseeable for planned medical treatment,
11the employer may require the employe to transfer temporarily to an alternative
12position offered by the employer for which the employe is qualified if that alternative
13position has equivalent pay and employment benefits and if that alternative position
14accommodates intermittent periods of leave or leave on a reduced-leave schedule
15better than the employe's regular position does.
AB200, s. 27 16Section 27. 103.10 (5) (a) and (b) of the statutes are amended to read:
AB200,9,1917 103.10 (5) (a) This Except as provided in pars. (b) and (c), this section does not
18entitle an employe to receive wages or salary while taking family leave or medical
19leave.
AB200,9,2420 (b) An employe may elect, or an employer may require an employe, to
21substitute, for portions of family leave or medical leave, paid or unpaid leave of any
22other type
for any part of the leave provided under sub. (3) (a), (b) or (c), any paid
23vacation leave, paid personal leave or paid family leave
provided by the employer
24that the employe has accrued.
AB200, s. 28 25Section 28. 103.10 (5) (c) of the statutes is created to read:
AB200,10,6
1103.10 (5) (c) An employe may elect, or an employer may require an employe,
2to substitute, for any part of the leave provided under sub. (3) (c) or (d), any paid
3vacation leave, paid personal leave or paid sick leave provided by the employer that
4the employe has accrued, except that an employer is not required to provide paid sick
5leave in any situation in which the employer would not normally provide paid sick
6leave.
AB200, s. 29 7Section 29. 103.10 (6) (a) of the statutes is amended to read:
AB200,10,158 103.10 (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
.
AB200, s. 30 16Section 30. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB200,10,2117 103.10 (6) (b) (intro.) If an employe intends to take family leave under sub. (3)
18(c) or (d)
because of the planned medical treatment or supervision of the employe or
19of
a child, spouse or parent or intends to take medical leave because of the planned
20medical treatment or supervision
of the employe, the employe shall do all of the
21following:
AB200, s. 31 22Section 31. 103.10 (6) (b) 1. of the statutes is amended to read:
AB200,10,2523 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.
AB200, s. 32
1Section 32. 103.10 (6) (b) 2. of the statutes is amended to read:
AB200,11,62 103.10 (6) (b) 2. Give the employer advance notice of the medical treatment or
3supervision
employe's intention to take that leave not less than 30 days before the
4leave is to begin, except that if the date of the treatment requires the leave to begin
5in less than 30 days, the employe shall provide notice to the employer
in a reasonable
6and practicable manner.
AB200, s. 33 7Section 33. 103.10 (7) (a) of the statutes is amended to read:
AB200,11,138 103.10 (7) (a) If an employe requests family leave for a reason described in
9under sub. (3) (b) 3. or requests medical leave (c) or (d), the employer may require the
10employe to provide certification, as described in par. (b), issued by the health care
11provider or Christian Science practitioner of the child, spouse, parent or employe,
12whichever is appropriate, and the employe shall provide a copy of that certification
13to the employer in a timely manner
.
AB200, s. 34 14Section 34. 103.10 (7) (b) 3m. of the statutes is created to read:
AB200,11,1815 103.10 (7) (b) 3m. If the employe requests leave under sub. (3) (c), a statement
16that the employe is needed to care for a child, spouse or parent who has a serious
17health condition and an estimate of the amount of time that the employe is needed
18to care for the child, spouse or parent.
AB200, s. 35 19Section 35. 103.10 (7) (b) 4. of the statutes is amended to read:
AB200,11,2220 103.10 (7) (b) 4. If the employe requests medical leave, an explanation of the
21extent to which
under sub. (3) (d), a statement that the employe is unable to perform
22his or her employment the duties of the employe's position.
AB200, s. 36 23Section 36. 103.10 (7) (b) 5. of the statutes is created to read:
AB200,12,224 103.10 (7) (b) 5. If the employe requests intermittent leave or leave on a
25reduced-leave schedule under sub. (3) (c) or (d) for planned medical treatment, the

1dates on which that treatment is expected to be given and the duration of that
2treatment.
AB200, s. 37 3Section 37. 103.10 (7) (b) 6. of the statutes is created to read:
AB200,12,94 103.10 (7) (b) 6. If the employe requests intermittent leave or leave on a
5reduced-leave schedule under sub. (3) (c), a statement that the intermittent leave
6or leave on a reduced-leave schedule is necessary for the care of a child, spouse or
7parent who has a serious health condition or will assist in the recovery of the child,
8spouse or parent, and the expected duration and schedule of the intermittent leave
9or leave on a reduced-leave schedule.
AB200, s. 38 10Section 38. 103.10 (7) (b) 7. of the statutes is created to read:
AB200,12,1411 103.10 (7) (b) 7. If the employe requests intermittent leave or leave on a
12reduced-leave schedule under sub. (3) (d), a statement of the medical necessity for
13the intermittent leave or leave on a reduced-leave schedule, and the expected
14duration of the intermittent leave or leave on a reduced-leave schedule.
AB200, s. 39 15Section 39. 103.10 (7) (c) of the statutes is renumbered 103.10 (7) (c) 1. and
16amended to read:
AB200,12,2017 103.10 (7) (c) 1. The If the employer has reason to doubt the validity of a
18certification provided under par. (a), the
employer may require the employe to obtain
19the opinion of a 2nd health care provider, chosen designated, or approved, and paid
20for by the employer, concerning any information certified under par. (b).
AB200, s. 40 21Section 40. 103.10 (7) (c) 2. of the statutes is created to read:
AB200,12,2322 103.10 (7) (c) 2. A health care provider designated or approved under subd. 1.
23may not be employed on a regular basis by the employer.
AB200, s. 41 24Section 41. 103.10 (7) (d) of the statutes is created to read:
AB200,13,6
1103.10 (7) (d) If a 2nd opinion obtained under par. (c) 1. differs from the opinion
2in the certification provided under par. (a), the employer may require the employe
3to obtain the opinion of a 3rd health care provider, designated, or approved, by the
4employer and employe jointly and paid for by the employer, concerning any
5information certified under par. (b). The employer and employe shall accept the 3rd
6opinion obtained under this paragraph as final and binding upon them.
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