Current law
Family and medical leave. Under current law, an employer, including the
state, that employs at least 50 individuals on a permanent basis 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 weeks to take up to eight weeks of family leave in a 12-month period
and up to 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,
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.
The bill
Paid sick leave. This bill requires an employer, including the state, that
employs at least one individual full-time or part-time on a permanent or temporary
basis to provide an employee who has been employed by the employer for at least 90
consecutive calendar days with paid sick leave at the employee's regular rate of pay
that the employee may use for any of the following reasons:

1. Because the employee has a physical or mental illness, injury, impairment,
or condition (health condition); is in need of medical diagnosis, care, or treatment of
a health condition; or is in need of preventive medical care.
2. To care for a family member who has a health condition; who is in need of
medical diagnosis, care, or treatment of a health condition; or who is in need of
preventive medical care. The bill defines "family member" as a spouse or domestic
partner of the employee; a parent, child, sibling, including a foster sibling,
brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an
employee or of an employee's spouse or domestic partner; or any other person who
is related by blood, marriage, or adoption to an employee or to an employee's spouse
or domestic partner and whose close association with the employee, spouse, or
domestic partner makes the person the equivalent of a family member of the
employee, spouse, or domestic partner.
3. Because the employee's absence from work is necessary in order for the
employee to do any of the following:
a. Seek medical attention or obtain psychological or other counseling for the
employee or a family member to recover from any health condition caused by
domestic abuse, sexual abuse, or stalking.
b. Obtain services for the employee or a family member from an organization
that provides services to victims of domestic abuse, sexual abuse, or stalking.
c. Relocate the residence of the employee or of a family member due to domestic
abuse, sexual abuse, or stalking.
d. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or
criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.
Accrual of paid sick leave. Under the bill, an employee accrues paid sick
leave beginning on the first day of employment at the rate of one hour for each 30
hours worked, subject to a maximum of 72 hours of accrued paid sick leave in a
calendar year, except that if the employee is employed by an employer that employed
fewer than an average of ten employees per week on a permanent or temporary basis
during the preceding calendar year (small business), the employee may accrue a
maximum of 40 hours of paid sick leave in a calendar year. Paid sick leave accrued
carries over from year to year, but an employee may use no more than 72 hours of paid
sick leave in a calendar year or, if the employee is employed by a small business, the
employee may use no more than 40 hours of paid sick leave in a calendar year. An
employee's unused balance of paid sick leave is reduced by one hour for each hour or
portion of an hour of paid sick leave used by the employee and has no cash value on
termination of employment.
Employee rights. Under the bill, an employee has all of the following rights:
1) the right to accrue and use paid sick leave as provided under the bill; 2) the right
not to be subjected to any act prohibited under the bill; 3) the right to file a complaint
with the Department of Workforce Development (DWD) for a violation of the bill and
to inform any person about an alleged violation of the bill; and 4) the right to inform
any person about any of the rights provided under the bill.
Prohibited acts. The bill prohibits all of the following:

1. Interfering with, restraining, or denying the exercise of any of the rights
provided under the bill.
2. Requiring, as a condition of using paid sick leave, that an employee search
for or find a substitute employee to replace the employee while the employee is on
paid sick leave.
3. Imposing unreasonable barriers to the use of paid sick leave or requiring, as
a condition of using paid sick leave, that an employee provide unreasonable
documentation of the health condition of the employee or family member, disclose the
details of that health condition, or disclose any information about the domestic
abuse, sexual abuse, or stalking that necessitated the employee's absence from work.
If an employer obtains any information about that health condition or that domestic
abuse, sexual abuse, or stalking, the employer must keep that information
confidential and may not disclose that information except to the employee or to other
persons with the consent of the employee.
4. Treating paid sick leave used under the bill as an absence from work that
may lead to or result in an adverse employment action; treating the use of such paid
sick leave as a negative factor in hiring, evaluating, or promoting an employee; or
reducing or denying any benefit or privilege of employment because an employee
uses paid sick leave under the bill.
5. Discharging or in any other manner discriminating against any individual
for opposing a practice prohibited under the bill, for filing a complaint or attempting
to enforce any right provided under the bill, or for testifying or assisting in any action
or proceeding to enforce any right provided under the bill.
DWD may order any person who violates any of those prohibitions to take action
to remedy the violation, including providing the requested paid sick leave,
reinstating an employee, providing up to two years of back pay, and paying
reasonable actual attorney fees.
Notice and records. Finally, the bill requires each employer to provide notice
to its employees of the rights of employees under the bill. An employer may comply
with this requirement by: 1) providing each employee with a notice in a form
approved by DWD setting forth in English, Spanish, and Hmong the rights of
employees under the bill; and 2) posting, in one or more conspicuous places where
notices to employees are customarily posted, a notice in a form approved by DWD
setting forth in English, Spanish, and Hmong the rights of employees under the bill.
The bill also requires employers to keep full and accurate records of the number of
hours worked and paid sick leave used by their employees, to retain those records for
five years after the hours are worked or the paid sick leave is used, and to furnish
those records to DWD on request.
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:
SB352,1
1Section 1. 38.28 (5) of the statutes is amended to read:
SB352,4,112 38.28 (5) State aid shall not be paid to a district for any year, unless every
3teacher, administrator, principal, and supervisor employed by the district during
4that year is under a contract providing for leave of absence by reason of sickness of
5such person, without deduction from salary, for not less than 5 days per year or the
6leave accrued under s. 103.11 (3) (b), whichever is greater,
and for accumulation of
7unused sick leave from year to year to a total of not less than 30 days. No allowance
8may be paid for such absences from teaching or other educational services rendered
9in evening school by any person employed at least 30 hours per week in day school.
10This subsection does not apply Section 103.11, rather than this subsection, applies
11to a person employed by the district board for less than 30 hours per week.
SB352,2 12Section 2. 50.05 (7) (h) of the statutes is amended to read:
SB352,4,2213 50.05 (7) (h) Shall have full power to direct and manage and to discharge
14employees of the facility, subject to any contract rights they may have. The receiver
15shall pay employees at the same rate of compensation, including benefits, that the
16employees would have received from the operator, except that the receiver shall
17compensate employees for time actually worked during the period of receivership
18and may, subject to s. 103.11 (3), reimburse for vacations or periods of sick leave. The
19receiver may grant salary increases and fringe benefits to employees of a nursing
20home, in accord with the facility payment formula under s. 49.45 (6m). Receivership
21does not relieve the operator of any obligation to employees not carried out by the
22receiver.
SB352,3 23Section 3. 103.04 (1) of the statutes is amended to read:
SB352,5,3
1103.04 (1) The commission shall issue its decision in any case where a petition
2for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 103.11,
3106.52 (4), 106.56 (4), 111.39, 303.07 (7) or 303.21.
SB352,4 4Section 4. 103.11 of the statutes is created to read:
SB352,5,5 5103.11 Paid sick leave. (1) Definitions. In this section:
SB352,5,106 (a) "Adverse employment action" means an action taken by an employer with
7respect to an employee that has the effect, in whole or in part, of a penalty, including
8dismissal or suspension from employment, demotion, denial of a promotion,
9unfavorable transfer or reassignment, reduction in compensation, or denial of
10increased compensation.
SB352,5,1211 (b) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward
12to whom any of the following applies:
SB352,5,1313 1. The individual is less than 18 years of age.
SB352,5,1614 2. The individual is 18 years of age or older and cannot care for himself or
15herself because of a health condition or is the victim of domestic abuse, sexual abuse,
16or stalking.
SB352,5,1717 (c) "Domestic abuse" has the meaning given in s. 968.075 (1) (a).
SB352,5,1918 (d) "Employee" means an individual employed in this state by an employer,
19except the employer's parent, spouse, domestic partner, or child.
SB352,5,2520 (e) "Employer" means a person engaging in any activity, enterprise, or business
21in this state employing one or more persons full-time or part-time on a permanent
22or temporary basis. "Employer" includes the state and any office, department,
23independent agency, authority, institution, association, society, or other body in state
24government created or authorized to be created by the constitution or any law,
25including the legislature and the courts.
SB352,6,8
1(f) "Family member" means a spouse or domestic partner, as defined in s. 40.02
2(21c) or 770.01 (1), of an employee; a parent, child, sibling, including a foster sibling,
3brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an
4employee or of an employee's spouse or domestic partner; or any other person who
5is related by blood, marriage, or adoption to an employee or to an employee's spouse
6or domestic partner and whose close association with the employee, spouse, or
7domestic partner makes the person the equivalent of a family member of the
8employee, spouse, or domestic partner.
SB352,6,109 (g) "Health condition" means a physical or mental illness, injury, impairment,
10or condition.
SB352,6,1311 (h) "Parent" means a natural parent, foster parent, adoptive parent,
12stepparent, or legal guardian of an employee or of an employee's spouse or domestic
13partner.
SB352,6,1814 (i) "Regular work week" means an employee's regular work week as established
15by his or her employer, except that for an employee who is exempt under 29 USC 213
16(a) (1) from the overtime compensation requirement of 29 USC 207 (a) (1) and whose
17regular work week as established by his or her employer is not less than a work week
18of 40 hours, "regular work week" means a work week of 40 hours.
SB352,6,2119 (j) "Sexual abuse" means conduct that is in violation of s. 940.225, 944.30,
20948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that
21is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
SB352,7,222 (k) "Small business" means an employer that during the preceding calendar
23year employed fewer than an average of 10 employees per week on a permanent or
24temporary basis, including both full-time and part-time employees and including
25employees who are placed with, leased to, or otherwise provided to the employer by

1a temporary help agency, as defined in s. 102.01 (2) (f), or by a professional employer
2organization, as defined in s. 202.21 (5).
SB352,7,43 (L) "Stalking" means to engage in a course of conduct, as defined in s. 940.32
4(1) (a), that meets the criteria of s. 940.32 (2) (a).
SB352,7,7 5(2) Scope. (a) Nothing in this section prohibits an employer from providing
6employees with rights to paid sick leave that are more generous to the employee than
7the rights provided under this section.
SB352,7,98 (b) This section does not limit or diminish an employee's rights or benefits
9under ch. 102.
SB352,7,1410 (c) For purposes of accruing paid sick leave under sub. (3) (b), this section
11applies to any employee employed in this state, including any temporary or
12part-time employee, beginning on the first day of employment, and for purposes of
13using paid sick leave under sub. (4), this section applies only to an employee who has
14been employed by the same employer for at least 90 consecutive calendar days.
SB352,7,21 15(3) Provision and accrual of paid sick leave. (a) An employer shall provide
16an employee who has been employed by the employer for at least 90 consecutive
17calendar days with paid sick leave at the employee's regular rate of pay as provided
18in this subsection. An employer may meet the requirement under this paragraph by
19providing paid leave that an employee may use for the reasons specified in sub. (4),
20so long as the employee accrues that paid leave at a rate that is no less than the rate
21specified in par. (b).
SB352,8,222 (b) An employee shall accrue paid sick leave for each hour worked in the
23employee's regular work week at the rate of one hour for each 30 hours worked,
24subject to a maximum of 72 hours of accrued paid sick leave in a calendar year or, if
25the employer is a small business, subject to a maximum of 40 hours of accrued paid

1sick leave in a calendar year. Paid sick leave under this paragraph shall accrue in
2one-hour increments.
SB352,8,83 (c) Paid sick leave accrued shall carry over from year to year, but an employee
4may use no more than 72 hours of paid sick leave in a calendar year or, if the employee
5is employed by a small business, the employee may use no more than 40 hours of paid
6sick leave in a calendar year. An employee's unused balance of paid sick leave shall
7be reduced by one hour for each hour or portion of an hour of paid sick leave used by
8the employee under sub. (4).
SB352,8,179 (d) Unused paid sick leave shall have no cash value on termination of
10employment. If an employee returns to work for a former employer, the employer is
11not required to restore unused paid sick leave accrued during the former
12employment or to count days worked during the former employment toward the
1390-day requirement under par. (a), except that if the employee returns to work for
14a former employer within one year after separation from employment, the employer
15shall restore unused paid sick leave accrued during the former employment and shall
16count days worked during the former employment toward the 90-day requirement
17under par. (a).
SB352,8,19 18(4) Use of paid sick leave. An employee may use paid sick leave that the
19employee has accrued under sub. (3) (b) for any of the following reasons:
SB352,8,2220 (a) Because the employee has a health condition, is in need of medical
21diagnosis, care, or treatment of a health condition, or is in need of preventive medical
22care.
SB352,8,2523 (b) To care for a family member who has a health condition, who is in need of
24medical diagnosis, care, or treatment of a health condition, or who is in need of
25preventive medical care.
SB352,9,2
1(c) Because the employee's absence from work is necessary in order for the
2employee to do any of the following:
SB352,9,53 1. Seek medical attention or obtain psychological or other counseling for the
4employee or a family member to recover from any health condition caused by
5domestic abuse, sexual abuse, or stalking.
SB352,9,76 2. Obtain services for the employee or a family member from an organization
7that provides services to victims of domestic abuse, sexual abuse, or stalking.
SB352,9,98 3. Relocate the residence of the employee or of a family member due to domestic
9abuse, sexual abuse, or stalking.
SB352,9,1110 4. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or
11criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.
SB352,9,13 12(5) Employee rights. An employee's rights under this section shall include all
13of the following:
SB352,9,1414 (a) The right to accrue and use paid sick leave as provided in subs. (3) and (4).
SB352,9,1515 (b) The right not to be subjected to a prohibited act under sub. (6).
SB352,9,1916 (c) The right to file a complaint under sub. (7) for a violation of sub. (6) (a) or
17under s. 111.39 for a violation described in sub. (6) (b) and to inform any person about
18such a violation. The protection under this paragraph extends to an employee who
19mistakenly, but in good faith, alleges such a violation.
SB352,9,2120 (d) The right to inform any person about any of the rights provided under this
21section.
SB352,9,22 22(6) Prohibited acts. (a) No person may do any of the following:
SB352,9,2423 1. Interfere with, restrain, or deny the exercise of any right provided under this
24section.
SB352,10,3
12. Require, as a condition of using paid sick leave, that an employee search for
2or find a substitute employee to replace the employee while the employee is on paid
3sick leave.
SB352,10,124 3. Impose unreasonable barriers to the use of paid sick leave or require, as a
5condition of using paid sick leave, that an employee provide unreasonable
6documentation of the health condition of the employee or family member, disclose the
7details of that health condition, or disclose any information about the domestic
8abuse, sexual abuse, or stalking that necessitated the employee's absence from work.
9If an employer obtains any information about that health condition or that domestic
10abuse, sexual abuse, or stalking, the employer shall keep that information
11confidential and may not disclose that information except to the employee or to other
12persons with the consent of the employee.
SB352,10,1713 4. Treat paid sick leave used under this section as an absence from work that
14may lead to or result in an adverse employment action, treat the use of such paid sick
15leave as a negative factor in hiring, evaluating, or promoting an employee, or reduce
16or deny any benefit or privilege of employment because an employee uses paid sick
17leave under this section.
SB352,10,1918 5. Discharge or in any other manner discriminate against any individual for
19opposing a practice prohibited under this section.
SB352,10,2120 (b) Section 111.322 (2m) applies to discharge or other discriminatory acts
21arising in connection with any proceeding under this section.
SB352,11,5 22(7) Administrative proceeding. (a) An employee who believes that his or her
23employer has violated sub. (6) (a) may, within 90 days after the violation occurs or
24the employee should reasonably have known that the violation occurred, whichever
25is later, file a complaint with the department alleging the violation. The department

1shall investigate the complaint and shall attempt to resolve the complaint by
2conference, conciliation, or persuasion. If the complaint is not resolved and the
3department finds probable cause to believe a violation has occurred, the department
4shall proceed with notice and a hearing on the complaint as provided in ch. 227. The
5hearing shall be held within 60 days after the department receives the complaint.
SB352,11,116 (b) The department shall issue its decision and order within 30 days after the
7hearing. If the department finds that an employer violated sub. (6) (a), it may order
8the employer to take action to remedy the violation, including providing the
9requested paid sick leave, reinstating an employee, providing back pay accrued not
10more than 2 years before the complaint was filed, and paying reasonable actual
11attorney fees to the complainant.
SB352,11,1412 (c) A respondent or complainant who is dissatisfied with the decision and order
13of the hearing examiner may file a written petition with the department for review
14by the commission of the decision and order.
SB352,11,2415 (d) If no petition is filed within 21 days after the date on which the department
16mails a copy of the decision and order to the last-known addresses of the respondent
17and the complainant, the decision and order shall be considered final. If a timely
18petition is filed, the commission, on review, may either affirm, reverse, or modify the
19decision and order in whole or in part, or set aside the decision and order and remand
20the case to the department for further proceedings. Those actions shall be based on
21a review of the evidence submitted. If the commission is satisfied that a respondent
22or complainant has been prejudiced because of exceptional delay in the receipt of a
23copy of the decision and order, the commission may extend for another 21 days the
24time for filing the petition with the department.
SB352,12,8
1(e) On motion of the respondent or complainant, the commission may set aside,
2modify, or change any decision made by the commission, at any time within 28 days
3after the date of the decision if the commission discovers any mistake in the decision,
4or upon the grounds of newly discovered evidence. The commission may on its own
5motion, for reasons it considers sufficient, set aside any final decision of the
6commission within one year after the date of the final decision upon grounds of
7mistake or newly discovered evidence and remand the case to the department for
8further proceedings.
SB352,12,139 (f) A respondent or complainant who is dissatisfied with a decision of the
10commission under par. (d) or (e) may seek judicial review of that decision under ss.
11227.52 to 227.58 by filing a petition for review under s. 227.53 within 30 days after
12the date on which the commission mails a copy of the decision to the last-known
13addresses of the respondent and the complainant.
SB352,12,16 14(8) Notice; records. (a) Each employer shall provide notice to its employees
15of the rights of employees under this section. An employer may comply with this
16requirement by doing all of the following:
SB352,12,1917 1. Providing each employee of the employer with a notice in a form approved
18by the department setting forth in English, Spanish, and Hmong the rights of
19employees under this section.
SB352,12,2220 2. Posting, in one or more conspicuous places where notices to employees are
21customarily posted, a notice in a form approved by the department setting forth in
22English, Spanish, and Hmong the rights of employees under this section.
SB352,13,223 (b) Each employer shall keep full and accurate records of the number of hours
24worked and paid sick leave used by its employees, shall retain those records for 5

1years after the hours are worked or the paid sick leave is used, and shall furnish those
2records to the department on request.
SB352,5 3Section 5. 111.322 (2m) (a) of the statutes is amended to read:
SB352,13,74 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
5right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
6103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
7or 103.64 to 103.82.
SB352,6 8Section 6. 111.322 (2m) (b) of the statutes is amended to read:
SB352,13,129 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
10held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
11103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
12or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB352,7 13Section 7. 111.91 (2) (f) of the statutes is amended to read:
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