AB116, s. 6 3Section 6. 103.10 (5) (a) of the statutes is amended to read:
AB116,4,64 103.10 (5) (a) This section does not entitle an employee to receive wages or
5salary while taking family leave or, medical leave, or school conference and activities
6leave
.
AB116, s. 7 7Section 7. 103.10 (5) (b) of the statutes is renumbered 103.10 (5) (b) 1. and
8amended to read:
AB116,4,119 103.10 (5) (b) 1. An Subject to subd. 2., an employee may substitute, for portions
10of family leave or, medical leave, or school conference and activities leave, paid or
11unpaid leave of any other type provided by the employer.
AB116, s. 8 12Section 8. 103.10 (5) (b) 2. of the statutes is created to read:
AB116,4,1513 103.10 (5) (b) 2. Notwithstanding subd. 1., an employee may not substitute paid
14leave for school conference and activities leave for attending a school conference or
15activity for less than one hour.
AB116, s. 9 16Section 9. 103.10 (6) (c) of the statutes is created to read:
AB116,4,1917 103.10 (6) (c) If an employee intends to take leave under sub. (4m) for the
18purpose of attending a school conference or activity, the employee shall do all of the
19following:
AB116,4,2120 1. Make a reasonable effort to schedule the conference or activity so that it does
21not unduly disrupt the employer's operations.
AB116,4,2322 2. Give the employer advance notice of the conference or activity in a reasonable
23and practicable manner.
AB116, s. 10 24Section 10. 103.10 (8) (a) (intro.) of the statutes is amended to read:
AB116,5,3
1103.10 (8) (a) (intro.) Subject to par. (c), when an employee returns from family
2leave or, medical leave, or school conference and activities leave, his or her employer
3shall immediately place the employee in an employment position as follows:
AB116, s. 11 4Section 11. 103.10 (8) (a) 1. of the statutes is amended to read:
AB116,5,75 103.10 (8) (a) 1. If the employment position which the employee held
6immediately before the family leave or, medical leave, or school conference and
7activities leave
began is vacant when the employee returns, in that position.
AB116, s. 12 8Section 12. 103.10 (8) (a) 2. of the statutes is amended to read:
AB116,5,139 103.10 (8) (a) 2. If the employment position which the employee held
10immediately before the family leave or, medical leave, or school conference and
11activities leave
began is not vacant when the employee returns, in an equivalent
12employment position having equivalent compensation, benefits, working shift,
13hours of employment, and other terms and conditions of employment.
AB116, s. 13 14Section 13. 103.10 (8) (b) of the statutes is amended to read:
AB116,5,1815 103.10 (8) (b) No employer may, because an employee received family leave or,
16medical leave, or school conference and activities leave, reduce or deny an
17employment benefit which that accrued to the employee before his or her leave began
18or, consistent with sub. (9), accrued after his or her leave began.
AB116, s. 14 19Section 14. 103.10 (8) (c) of the statutes is amended to read:
AB116,5,2420 103.10 (8) (c) Notwithstanding par. (a), if an employee on a family, medical or
21family, or school conference and activities leave wishes to return to work before the
22end of the leave as scheduled, the employer shall place the employee in an
23employment position of the type described in par. (a) 1. or 2. within a reasonable time
24not exceeding the duration of the leave as scheduled.
AB116, s. 15 25Section 15. 103.10 (9) (a) of the statutes is amended to read:
AB116,6,6
1103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a
2returning employee to a right, employment benefit, or employment position to which
3the employee would not have been entitled had he or she not taken family leave or,
4medical leave, or school conference and activities leave or to the accrual of any
5seniority or employment benefit during a period of family leave or, medical leave, or
6school conference and activities leave
.
AB116, s. 16 7Section 16. 103.10 (9) (b) of the statutes is amended to read:
AB116,6,158 103.10 (9) (b) Subject to par. (c), during a period an employee takes family leave
9or, medical leave, or school conference and activities leave, his or her employer shall
10maintain group health insurance coverage under the conditions that applied
11immediately before the family leave or, medical leave, or school conference and
12activities leave
began. If the employee continues making any contribution required
13for participation in the group health insurance plan, the employer shall continue
14making group health insurance premium contributions as if the employee had not
15taken the family leave or, medical leave , or school conference and activities leave.
AB116, s. 17 16Section 17. 103.10 (9) (c) 4. of the statutes is amended to read:
AB116,6,2217 103.10 (9) (c) 4. If an employee ends his or her employment with an employer
18during or within 30 days after a period of family leave or , medical leave, or school
19conference and activities leave
, the employer may deduct from the amount returned
20to the employee under subd. 3. any premium or similar expense paid by the employer
21for the employee's group health insurance coverage while the employee was on family
22leave or, medical leave, or school conference and activities leave.
AB116, s. 18 23Section 18. 103.10 (9) (d) of the statutes is amended to read:
AB116,7,424 103.10 (9) (d) If an employee ends his or her employment with an employer
25during or at the end of a period of family leave or, medical leave, or school conference

1and activities leave
, the time period for conversion to individual coverage under s.
2632.897 (6) shall be calculated as beginning on the day that on which the employee
3began the period of family leave or, medical leave, or school conference and activities
4leave
.
AB116, s. 19 5Section 19. 103.10 (10) of the statutes is amended to read:
AB116,7,116 103.10 (10) Alternative employment. Nothing in this section prohibits an
7employer and an employee with a serious health condition from mutually agreeing
8to alternative employment for the employee while the serious health condition lasts.
9No period of alternative employment, with the same employer, reduces the
10employee's right to family leave or, medical leave, or school conference and activities
11leave
.
AB116, s. 20 12Section 20. 103.10 (12) (d) of the statutes is amended to read:
AB116,7,1913 103.10 (12) (d) The department shall issue its decision and order within 30 days
14after the hearing. If the department finds that an employer violated sub. (11) (a) or
15(b), it may order the employer to take action to remedy the violation, including
16providing the requested family leave or , medical leave, or school conference and
17activities leave
, reinstating an employee, providing back pay accrued not more than
182 years before the complaint was filed, and paying reasonable actual attorney fees
19to the complainant.
AB116, s. 21 20Section 21. 103.10 (14) (b) of the statutes is amended to read:
AB116,7,2421 103.10 (14) (b) Any person employing at least 25 individuals shall post, in one
22or more conspicuous places where notices to employees are customarily posted, a
23notice describing the person's policy with respect to leave for the reasons described
24in subs. (3) (b) and, (4) (a), and (4m).
AB116, s. 22 25Section 22. 111.91 (2) (f) of the statutes is amended to read:
AB116,8,9
1111.91 (2) (f) Family leave and medical leave rights below the minimum
2afforded under the federal Family and Medical Leave Act of 1993, 29 USC 2601 to
32654, and s. 103.10 and school conference and activities leave rights below the
4minimum afforded under
s. 103.10. Nothing in this paragraph prohibits the
5employer from bargaining on rights to family leave or medical leave which that are
6more generous to the employee than the rights provided under the federal Family
7and Medical Leave Act of 1993, 29 USC 2601 to 2654, and s. 103.10 and on rights to
8school conference and activities leave that are more generous to the employee than
9the rights provided under
s. 103.10.
AB116, s. 23 10Section 23. 230.35 (2m) of the statutes is amended to read:
AB116,8,1611 230.35 (2m) An employee shall be eligible for medical or family leave under s.
12103.10 upon the expiration, extension, or renewal of any collective bargaining
13agreement in effect on April 26, 1988, which that covers the employee. An employee
14shall be eligible for school conference and activities leave under s. 103.10 upon the
15expiration, extension, or renewal of any collective bargaining agreement in effect on
16the effective date of this subsection .... [LRB inserts date], that covers the employee.
AB116, s. 24 17Section 24. 253.10 (3) (d) 1. of the statutes is amended to read:
AB116,9,2518 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
19a woman about public and private agencies, including adoption agencies, and
20services that are available to provide information on family planning, as defined in
21s. 253.07 (1) (a), including natural family planning information, to provide
22ultrasound imaging services, to assist her if she has received a diagnosis that her
23unborn child has a disability or if her pregnancy is the result of sexual assault or
24incest, and to assist her through pregnancy, upon childbirth, and while the child is
25dependent. The materials shall include a comprehensive list of the agencies

1available, a description of the services that they offer, and a description of the
2manner in which they may be contacted, including telephone numbers and
3addresses, or, at the option of the department, the materials shall include a toll-free,
424-hour telephone number that may be called to obtain an oral listing of available
5agencies and services in the locality of the caller and a description of the services that
6the agencies offer and the manner in which they may be contacted. The materials
7shall provide information on the availability of governmentally funded programs
8that serve pregnant women and children. Services identified for the woman shall
9include medical assistance for pregnant women and children under s. ss. 49.47 (4)
10(am) and 49.471, the availability of family or, medical, and school conference and
11activities
leave under s. 103.10, the Wisconsin works Works program under ss.
1249.141 to 49.161, child care services, child support laws and programs , and the credit
13for expenses for household and dependent care and services necessary for gainful
14employment under section 21 of the internal revenue code Internal Revenue Code.
15The materials shall state that it is unlawful to perform an abortion for which consent
16has been coerced, that any physician who performs or induces an abortion without
17obtaining the woman's voluntary and informed consent is liable to her for damages
18in a civil action and is subject to a civil penalty, that the father of a child is liable for
19assistance in the support of the child, even in instances in which the father has
20offered to pay for an abortion, and that adoptive parents may pay the costs of
21prenatal care, childbirth, and neonatal care. The materials shall include
22information, for a woman whose pregnancy is the result of sexual assault or incest,
23on legal protections available to the woman and her child if she wishes to oppose
24establishment of paternity or to terminate the father's parental rights. The
25materials shall state that fetal ultrasound imaging and auscultation of fetal heart

1tone services are obtainable by pregnant women who wish to use them and shall
2describe the services.
AB116, s. 25 3Section 25. 893.96 (title) of the statutes is repealed and recreated to read:
AB116,10,5 4893.96 (title) Family, medical, and school conference and activities
5leave; civil remedies.
AB116, s. 26 6Section 26. Initial applicability.
AB116,10,107 (1) This act first applies to an employee, as defined in section 103.10 (1) (b) of
8the statutes, who is affected by a collective bargaining agreement that contains
9provisions inconsistent with this act on the day on which the collective bargaining
10agreement expires or is extended, modified, or renewed, whichever occurs first.
AB116, s. 27 11Section 27. Effective date.
AB116,10,1312 (1) This act takes effect on the first day of the 6th month beginning after
13publication.
AB116,10,1414 (End)
Loading...
Loading...