March 15, 2012 - Introduced by Representatives Hulsey, Pope-Roberts, Young,
Sinicki, Berceau, Grigsby, C. Taylor
and Molepske Jr, cosponsored by
Senators Carpenter and Taylor. Referred to Committee on Education.
AB736,1,8 1An Act to renumber and amend 103.10 (5) (b); to amend 103.10 (title), 103.10
2(2) (a), 103.10 (5) (a), 103.10 (7) (title), 103.10 (7) (b) (intro.), 103.10 (8) (a)
3(intro.), 103.10 (8) (a) 1., 103.10 (8) (a) 2., 103.10 (8) (b), 103.10 (8) (c), 103.10
4(9) (a), 103.10 (9) (b), 103.10 (9) (c) 4., 103.10 (9) (d), 103.10 (10), 103.10 (12) (d),
5103.10 (14) (b), 111.91 (2) (f), 230.35 (2m) and 253.10 (3) (d) 1.; to repeal and
6recreate
893.96 (title); and to create 103.10 (1) (fr), 103.10 (4m), 103.10 (5) (b)
72., 103.10 (6) (c) and 103.10 (7) (am) of the statutes; relating to: school
8conference and activities leave.
Analysis by the Legislative Reference Bureau
Under current law, an employer, including the state, employing at least 50
individuals on a permanent basis in this state (employer) must permit an employee
who has been employed by the employer for more than 52 consecutive weeks and who
has worked for the employer for at least 1,000 hours during the preceding 52-week
period (employee) to take six weeks of family leave in a 12-month period and two
weeks of medical leave in a 12-month period. Family leave may be taken for the birth
or adoptive placement of a new child or to care for a child, spouse, domestic partner,
or parent who has a serious health condition. Medical leave may be taken when the
employee has a serious health condition that makes the employee unable to perform
the employee's employment duties.

An employee is not entitled to receive wages or salary while taking family or
medical leave, but may substitute, for portions of family or medical leave, other types
of paid or unpaid leave provided by the employer. An employee who intends to take
family or medical leave for the birth or adoptive placement of a child or for planned
medical treatment must give the employer advance notice of the birth or adoptive
placement or planned medical treatment. In addition, for planned medical
treatment, the employee must make a reasonable effort to schedule the medical
treatment so that it does not unduly disrupt the operations of the employer. Also,
if an employee requests family or medical leave due to to a serious health of the
employee or of a child, spouse, domestic partner, or parent, the employer may require
certification of that condition from a health care provider or a Christian Science
practitioner.
This bill allows an employee of an employer to take no more than 16 hours of
school conference and activities leave in a 12-month period. School conference and
activities leave may be taken to attend school conferences or classroom activities
relating to the employee's child that cannot be scheduled during nonworking hours
or to observe and monitor the child care, preschool, or prekindergarten services or
programming received by an employee's child, if that observation and monitoring
cannot be scheduled during nonworking hours. School conference and activities
leave, however, may not be taken for the purpose of accompanying an outing or field
trip of a school or nonprofit organization.
An employee is not entitled to receive wages or salary while taking school
conference and activities leave, but may substitute, for portions of that leave, other
types of paid or unpaid leave provided by the employer, except that an employee may
not substitute paid leave for that leave for attending a school conference or activity
for less than one hour. An employee who intends to take leave to attend a school
conference or activity must give the employer advance notice of the conference or
activity and must make a reasonable effort to schedule the conference or activity, so
that the conference or activity does not unduly disrupt the operations of the
employer. When an employee returns from school conference and activities leave,
the employer may require the employee to provide, in a reasonable and practicable
manner, documentation from his or her child's school stating no more than that the
employee was attending a school conference or classroom activity or was observing
and monitoring child care, preschool, or prekindergarten services and programming
during the period of that leave.
For purposes of the bill, "school" means a child care center licensed by the
Department of Children and Families, a child care provider certified for funding by
a county department of human services or social services, a child care program
established or contracted for by a school board, a public or private preschool or
prekindergarten, or a public or private school that provides an educational program
for one or more grades between kindergarten and 12.

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:
AB736, s. 1 1Section 1. 103.10 (title) of the statutes is amended to read:
AB736,3,3 2103.10 (title) Family or, medical, and school conference and activities
3leave.
AB736, s. 2 4Section 2. 103.10 (1) (fr) of the statutes is created to read:
AB736,3,95 103.10 (1) (fr) "School" means a child care provider, as defined in s. 49.001 (1),
6a public or private preschool or prekindergarten, or a public or private school that
7provides an educational program for one or more grades between kindergarten and
812 and that is commonly known as a kindergarten, elementary school, middle school,
9junior high school, senior high school, or high school.
AB736, s. 3 10Section 3. 103.10 (2) (a) of the statutes is amended to read:
AB736,3,1411 103.10 (2) (a) Nothing in this section prohibits an employer from providing
12employees with rights to family leave or, medical leave which, or school conference
13and activities leave that
are more generous to the employee than the rights provided
14under this section.
AB736, s. 4 15Section 4. 103.10 (4m) of the statutes is created to read:
AB736,4,416 103.10 (4m) School conference and activities leave. Subject to sub. (6) (c),
17an employee may take no more than 16 hours of school conference and activities leave
18in a 12-month period for the purpose of attending school conferences or classroom
19activities relating to the employee's child that cannot be scheduled during nonwork
20hours or of observing and monitoring the services or programming provided to the
21employee's child by a child care provider, as defined in s. 49.001 (1), or a public or

1private preschool or prekindergarten, if that observation and monitoring cannot be
2scheduled during nonwork hours. An employee may not use the school conference
3and activities leave provided under this subsection for the purpose of accompanying
4an outing or field trip of a school or nonprofit organization.
AB736, s. 5 5Section 5. 103.10 (5) (a) of the statutes is amended to read:
AB736,4,86 103.10 (5) (a) This section does not entitle an employee to receive wages or
7salary while taking family leave or, medical leave, or school conference and activities
8leave
.
AB736, s. 6 9Section 6. 103.10 (5) (b) of the statutes is renumbered 103.10 (5) (b) 1. and
10amended to read:
AB736,4,1311 103.10 (5) (b) 1. An Subject to subd. 2., an employee may substitute, for portions
12of family leave or, medical leave, or school conference and activities leave, paid or
13unpaid leave of any other type provided by the employer.
AB736, s. 7 14Section 7. 103.10 (5) (b) 2. of the statutes is created to read:
AB736,4,1715 103.10 (5) (b) 2. Notwithstanding subd. 1., an employee may not substitute paid
16leave for school conference and activities leave for attending a school conference or
17activity for less than one hour.
AB736, s. 8 18Section 8. 103.10 (6) (c) of the statutes is created to read:
AB736,4,2119 103.10 (6) (c) If an employee intends to take leave under sub. (4m) for the
20purpose of attending a school conference or activity, the employee shall do all of the
21following:
AB736,4,2322 1. Make a reasonable effort to schedule the conference or activity so that the
23conference or activity does not unduly disrupt the employer's operations.
AB736,4,2524 2. Give the employer advance notice of the conference or activity in a reasonable
25and practicable manner.
AB736, s. 11
1Section 11. 103.10 (7) (title) of the statutes is amended to read:
AB736,5,22 103.10 (7) (title) Certification; documentation.
AB736, s. 12 3Section 12. 103.10 (7) (am) of the statutes is created to read:
AB736,5,94 103.10 (7) (am) When an employee returns from school conference and
5activities leave, the employer may require the employee to provide, in a reasonable
6and practicable manner, documentation from his or her child's school stating no more
7than that the employee was attending a school conference or classroom activity or
8was observing and monitoring child care, preschool, or prekindergarten services and
9programming, as described in sub. (4m), during the period of that leave.
AB736, s. 13 10Section 13. 103.10 (7) (b) (intro.) of the statutes is amended to read:
AB736,5,1211 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
12stating more than the following:
AB736, s. 14 13Section 14. 103.10 (8) (a) (intro.) of the statutes is amended to read:
AB736,5,1614 103.10 (8) (a) (intro.) Subject to par. (c), when an employee returns from family
15leave or, medical leave, or school conference and activities leave, his or her employer
16shall immediately place the employee in an employment position as follows:
AB736, s. 15 17Section 15. 103.10 (8) (a) 1. of the statutes is amended to read:
AB736,5,2018 103.10 (8) (a) 1. If the employment position which that the employee held
19immediately before the family leave or, medical leave, or school conference and
20activities leave
began is vacant when the employee returns, in that position.
AB736, s. 16 21Section 16. 103.10 (8) (a) 2. of the statutes is amended to read:
AB736,6,222 103.10 (8) (a) 2. If the employment position which that the employee held
23immediately before the family leave or, medical leave, or school conference and
24activities leave
began is not vacant when the employee returns, in an equivalent

1employment position having equivalent compensation, benefits, working shift,
2hours of employment, and other terms and conditions of employment.
AB736, s. 17 3Section 17. 103.10 (8) (b) of the statutes is amended to read:
AB736,6,74 103.10 (8) (b) No employer may, because an employee received family leave or,
5medical leave, or school conference and activities leave, reduce or deny an
6employment benefit which that accrued to the employee before his or her leave began
7or, consistent with sub. (9), accrued after his or her leave began.
AB736, s. 18 8Section 18. 103.10 (8) (c) of the statutes is amended to read:
AB736,6,139 103.10 (8) (c) Notwithstanding par. (a), if an employee on a family, medical or
10family, or school conference and activities leave wishes to return to work before the
11end of the leave as scheduled, the employer shall place the employee in an
12employment position of the type described in par. (a) 1. or 2. within a reasonable time
13not exceeding the duration of the leave as scheduled.
AB736, s. 19 14Section 19. 103.10 (9) (a) of the statutes is amended to read:
AB736,6,2015 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a
16returning employee to a right, employment benefit, or employment position to which
17the employee would not have been entitled had he or she not taken family leave or,
18medical leave, or school conference and activities leave or to the accrual of any
19seniority or employment benefit during a period of family leave or, medical leave, or
20school conference and activities leave
.
AB736, s. 20 21Section 20. 103.10 (9) (b) of the statutes is amended to read:
AB736,7,422 103.10 (9) (b) Subject to par. (c), during a period an employee takes family leave
23or, medical leave, or school conference and activities leave, his or her employer shall
24maintain group health insurance coverage under the conditions that applied
25immediately before the family leave or, medical leave, or school conference and

1activities leave
began. If the employee continues making any contribution required
2for participation in the group health insurance plan, the employer shall continue
3making group health insurance premium contributions as if the employee had not
4taken the family leave or, medical leave , or school conference and activities leave.
AB736, s. 21 5Section 21. 103.10 (9) (c) 4. of the statutes is amended to read:
AB736,7,116 103.10 (9) (c) 4. If an employee ends his or her employment with an employer
7during or within 30 days after a period of family leave or , medical leave, or school
8conference and activities leave
, the employer may deduct from the amount returned
9to the employee under subd. 3. any premium or similar expense paid by the employer
10for the employee's group health insurance coverage while the employee was on family
11leave or, medical leave, or school conference and activities leave.
AB736, s. 22 12Section 22. 103.10 (9) (d) of the statutes is amended to read:
AB736,7,1813 103.10 (9) (d) If an employee ends his or her employment with an employer
14during or at the end of a period of family leave or, medical leave, or school conference
15and activities leave
, the time period for conversion to individual coverage under s.
16632.897 (6) shall be calculated as beginning on the day that on which the employee
17began the period of family leave or, medical leave, or school conference and activities
18leave
.
AB736, s. 23 19Section 23. 103.10 (10) of the statutes is amended to read:
AB736,7,2520 103.10 (10) Alternative employment. Nothing in this section prohibits an
21employer and an employee with a serious health condition from mutually agreeing
22to alternative employment for the employee while the serious health condition lasts.
23No period of alternative employment, with the same employer, reduces the
24employee's right to family leave or, medical leave, or school conference and activities
25leave
.
AB736, s. 24
1Section 24. 103.10 (12) (d) of the statutes is amended to read:
AB736,8,82 103.10 (12) (d) The department shall issue its decision and order within 30 days
3after the hearing. If the department finds that an employer violated sub. (11) (a) or
4(b), it may order the employer to take action to remedy the violation, including
5providing the requested family leave or , medical leave, or school conference and
6activities leave
, reinstating an employee, providing back pay accrued not more than
72 years before the complaint was filed, and paying reasonable actual attorney fees
8to the complainant.
AB736, s. 25 9Section 25. 103.10 (14) (b) of the statutes is amended to read:
AB736,8,1310 103.10 (14) (b) Any person employing at least 25 individuals shall post, in one
11or more conspicuous places where notices to employees are customarily posted, a
12notice describing the person's policy with respect to leave for the reasons described
13in subs. (3) (b) and, (4) (a), and (4m).
AB736, s. 26 14Section 26. 111.91 (2) (f) of the statutes is amended to read:
AB736,8,2315 111.91 (2) (f) Family leave and medical leave rights below the minimum
16afforded under the federal Family and Medical Leave Act of 1993, 29 USC 2601 to
172654, and s. 103.10 and school conference and activities leave rights below the
18minimum afforded under
s. 103.10. Nothing in this paragraph prohibits the
19employer from bargaining on rights to family leave or medical leave which that are
20more generous to the employee than the rights provided under the federal Family
21and Medical Leave Act of 1993, 29 USC 2601 to 2654, and s. 103.10 and on rights to
22school conference and activities leave that are more generous to the employee than
23the rights provided under
s. 103.10.
AB736, s. 28 24Section 28. 230.35 (2m) of the statutes is amended to read:
AB736,9,6
1230.35 (2m) An employee shall be eligible for medical or family leave under s.
2103.10 upon the expiration, extension, or renewal of any collective bargaining
3agreement in effect on April 26, 1988, which that covers the employee. An employee
4shall be eligible for school conference and activities leave under s. 103.10 upon the
5expiration, extension, or renewal of any collective bargaining agreement in effect on
6the effective date of this subsection .... [LRB inserts date], that covers the employee.
AB736, s. 29 7Section 29. 253.10 (3) (d) 1. of the statutes is amended to read:
AB736,9,258 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform
9a woman about public and private agencies, including adoption agencies, and
10services that are available to provide information on family planning, as defined in
11s. 253.07 (1) (a), including natural family planning information, to provide
12ultrasound imaging services, to assist her if she has received a diagnosis that her
13unborn child has a disability or if her pregnancy is the result of sexual assault or
14incest, and to assist her through pregnancy, upon childbirth, and while the child is
15dependent. The materials shall include a comprehensive list of the agencies
16available, a description of the services that they offer, and a description of the
17manner in which they may be contacted, including telephone numbers and
18addresses, or, at the option of the department, the materials shall include a toll-free,
1924-hour telephone number that may be called to obtain an oral listing of available
20agencies and services in the locality of the caller and a description of the services that
21the agencies offer and the manner in which they may be contacted. The materials
22shall provide information on the availability of governmentally funded programs
23that serve pregnant women and children. Services identified for the woman shall
24include medical assistance for pregnant women and children under s. ss. 49.47 (4)
25(am) and 49.471, the availability of family or, medical, school conference and

1activities
leave under s. 103.10, the Wisconsin works Works program under ss.
249.141 to 49.161, child care services, child support laws and programs , and the credit
3for expenses for household and dependent care and services necessary for gainful
4employment under section 21 of the internal revenue code Internal Revenue Code.
5The materials shall state that it is unlawful to perform an abortion for which consent
6has been coerced, that any physician who performs or induces an abortion without
7obtaining the woman's voluntary and informed consent is liable to her for damages
8in a civil action and is subject to a civil penalty, that the father of a child is liable for
9assistance in the support of the child, even in instances in which the father has
10offered to pay for an abortion, and that adoptive parents may pay the costs of
11prenatal care, childbirth, and neonatal care. The materials shall include
12information, for a woman whose pregnancy is the result of sexual assault or incest,
13on legal protections available to the woman and her child if she wishes to oppose
14establishment of paternity or to terminate the father's parental rights. The
15materials shall state that fetal ultrasound imaging and auscultation of fetal heart
16tone services are obtainable by pregnant women who wish to use them and shall
17describe the services.
AB736, s. 30 18Section 30. 893.96 (title) of the statutes is repealed and recreated to read:
AB736,10,20 19893.96 (title) Family, medical, school conference and activities, leave;
20civil remedies.
AB736, s. 31 21Section 31. Initial applicability.
AB736,11,222 (1) This act first applies to an employee, as defined in section 103.10 (1) (b) of
23the statutes, who is affected by a collective bargaining agreement that contains
24provisions that are inconsistent with this act on the day on which the collective

1bargaining agreement expires or is extended, modified, or renewed, whichever
2occurs first.
AB736, s. 32 3Section 32. Effective date.
AB736,11,54 (1) This act takes effect on the first day of the 6th month beginning after
5publication.
AB736,11,66 (End)
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