AB200: Bill Text

AB200,8,14 103.10 (3m) Spouses employed by same employer. If a husband and wife are entitled to leave under sub. (3) and are employed by the same employer, the employer may limit to 12 weeks during any 12-month period the aggregate number of weeks of leave that the husband and wife may take for the birth or placement of a child under sub. (3) (a) or (b) or to care for a parent who has a serious health condition under sub. (3) (c).

AB200, s. 22 Section 22. 103.10 (4) (title) of the statutes is repealed.

AB200, s. 23 Section 23. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (d) and amended to read:

AB200,8,21 103.10 (3) (d) Subject to pars. (b) and (c), an employe who has Because of a serious health condition which that makes the employe unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those the duties of the employe's position.

AB200, s. 24 Section 24. 103.10 (4) (b) of the statutes is repealed.

AB200, s. 25 Section 25. 103.10 (4) (c) of the statutes is repealed.

AB200, s. 26 Section 26. 103.10 (4g) of the statutes is created to read:

AB200,9,8 103.10 (4g) Leave taken intermittently or on a reduced-leave schedule. (a) An employe may not take leave under sub. (3) (a) or (b) intermittently or on a reduced-leave schedule unless agreed to by the employer. Subject to par. (b) and subs. (6) (b) and (7) (b) 5., an employe may take leave under sub. (3) (c) or (d) intermittently or on a reduced-leave schedule when medically necessary. If an employe takes leave intermittently or on a reduced-leave schedule, the employe's employer may not reduce the amount of leave under sub. (3) to which the employe is entitled by an amount that is beyond the amount of leave actually taken.

AB200,9,15 (b) If an employe requests intermittent leave or leave on a reduced-work schedule under sub. (3) (c) or (d) that is foreseeable for planned medical treatment, the employer may require the employe to transfer temporarily to an alternative position offered by the employer for which the employe is qualified if that alternative position has equivalent pay and employment benefits and if that alternative position accommodates intermittent periods of leave or leave on a reduced-leave schedule better than the employe's regular position does.

AB200, s. 27 Section 27. 103.10 (5) (a) and (b) of the statutes are amended to read:

AB200,9,19 103.10 (5) (a) This Except as provided in pars. (b) and (c), this section does not entitle an employe to receive wages or salary while taking family leave or medical leave.

AB200,9,24 (b) An employe may elect, or an employer may require an employe, to substitute, for portions of family leave or medical leave, paid or unpaid leave of any other type for any part of the leave provided under sub. (3) (a), (b) or (c), any paid vacation leave, paid personal leave or paid family leave provided by the employer that the employe has accrued.

AB200, s. 28 Section 28. 103.10 (5) (c) of the statutes is created to read:

AB200,10,6 103.10 (5) (c) An employe may elect, or an employer may require an employe, to substitute, for any part of the leave provided under sub. (3) (c) or (d), any paid vacation leave, paid personal leave or paid sick leave provided by the employer that the employe has accrued, except that an employer is not required to provide paid sick leave in any situation in which the employer would not normally provide paid sick leave.

AB200, s. 29 Section 29. 103.10 (6) (a) of the statutes is amended to read:

AB200,10,15 103.10 (6) (a) If an employe intends to take family leave for the reasons in under sub. (3) (b) 1. or 2. (a) or (b) that is foreseeable because of the expected birth or placement of a child, the employe shall, in a reasonable and practicable manner, give the employer advance notice of the expected birth or placement employe's intention to take that leave not less than 30 days before the date the leave is to begin, except that if the date of the birth or placement requires the leave to begin in less than 30 days, the employe shall provide notice to the employer in a reasonable and practicable manner.

AB200, s. 30 Section 30. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB200,10,21 103.10 (6) (b) (intro.) If an employe intends to take family leave under sub. (3) (c) or (d) because of the planned medical treatment or supervision of the employe or of a child, spouse or parent or intends to take medical leave because of the planned medical treatment or supervision of the employe, the employe shall do all of the following:

AB200, s. 31 Section 31. 103.10 (6) (b) 1. of the statutes is amended to read:

AB200,10,25 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, parent or employe.

AB200, s. 32 Section 32. 103.10 (6) (b) 2. of the statutes is amended to read:

AB200,11,6 103.10 (6) (b) 2. Give the employer advance notice of the medical treatment or supervision employe's intention to take that leave not less than 30 days before the leave is to begin, except that if the date of the treatment requires the leave to begin in less than 30 days, the employe shall provide notice to the employer in a reasonable and practicable manner.

AB200, s. 33 Section 33. 103.10 (7) (a) of the statutes is amended to read:

AB200,11,13 103.10 (7) (a) If an employe requests family leave for a reason described in under sub. (3) (b) 3. or requests medical leave (c) or (d), the employer may require the employe to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, parent or employe, whichever is appropriate, and the employe shall provide a copy of that certification to the employer in a timely manner.

AB200, s. 34 Section 34. 103.10 (7) (b) 3m. of the statutes is created to read:

AB200,11,18 103.10 (7) (b) 3m. If the employe requests leave under sub. (3) (c), a statement that the employe is needed to care for a child, spouse or parent who has a serious health condition and an estimate of the amount of time that the employe is needed to care for the child, spouse or parent.

AB200, s. 35 Section 35. 103.10 (7) (b) 4. of the statutes is amended to read:

AB200,11,22 103.10 (7) (b) 4. If the employe requests medical leave, an explanation of the extent to which under sub. (3) (d), a statement that the employe is unable to perform his or her employment the duties of the employe's position.

AB200, s. 36 Section 36. 103.10 (7) (b) 5. of the statutes is created to read:

AB200,12,2 103.10 (7) (b) 5. If the employe requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (c) or (d) for planned medical treatment, the dates on which that treatment is expected to be given and the duration of that treatment.

AB200, s. 37 Section 37. 103.10 (7) (b) 6. of the statutes is created to read:

AB200,12,9 103.10 (7) (b) 6. If the employe requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (c), a statement that the intermittent leave or leave on a reduced-leave schedule is necessary for the care of a child, spouse or parent who has a serious health condition or will assist in the recovery of the child, spouse or parent, and the expected duration and schedule of the intermittent leave or leave on a reduced-leave schedule.

AB200, s. 38 Section 38. 103.10 (7) (b) 7. of the statutes is created to read:

AB200,12,14 103.10 (7) (b) 7. If the employe requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (d), a statement of the medical necessity for the intermittent leave or leave on a reduced-leave schedule, and the expected duration of the intermittent leave or leave on a reduced-leave schedule.

AB200, s. 39 Section 39. 103.10 (7) (c) of the statutes is renumbered 103.10 (7) (c) 1. and amended to read:

AB200,12,20 103.10 (7) (c) 1. The If the employer has reason to doubt the validity of a certification provided under par. (a), the employer may require the employe to obtain the opinion of a 2nd health care provider, chosen designated, or approved, and paid for by the employer, concerning any information certified under par. (b).

AB200, s. 40 Section 40. 103.10 (7) (c) 2. of the statutes is created to read:

AB200,12,23 103.10 (7) (c) 2. A health care provider designated or approved under subd. 1. may not be employed on a regular basis by the employer.

AB200, s. 41 Section 41. 103.10 (7) (d) of the statutes is created to read:

AB200,13,6 103.10 (7) (d) If a 2nd opinion obtained under par. (c) 1. differs from the opinion in the certification provided under par. (a), the employer may require the employe to obtain the opinion of a 3rd health care provider, designated, or approved, by the employer and employe jointly and paid for by the employer, concerning any information certified under par. (b). The employer and employe shall accept the 3rd opinion obtained under this paragraph as final and binding upon them.

AB200, s. 42 Section 42. 103.10 (7) (e) of the statutes is created to read:

AB200,13,9 103.10 (7) (e) The employer may require that an employe obtain recertifications after the original certification under par. (b) on a reasonable basis.

AB200, s. 43 Section 43. 103.10 (8) (a) of the statutes is amended to read:

AB200,13,14 103.10 (8) (a) Subject to par. (c) pars. (d) and (e), when an employe returns from who takes family leave or medical leave for the purpose for which that leave is intended returns from that leave, his or her employer shall immediately place the employe in an employment position as follows:

AB200,13,17 1. If In the employment position which the employe held immediately before when the family leave or medical leave began is vacant when the employe returns, in that position.

AB200,13,22 2. If the employment position which the employe held immediately before the family leave or medical leave began is not vacant when the employe returns, in In an equivalent employment position having equivalent compensation, employment benefits, working shift, hours of employment and other terms and conditions of employment.

AB200, s. 44 Section 44. 103.10 (8) (b) of the statutes is amended to read:

AB200,14,2 103.10 (8) (b) No employer may, because an employe received family leave or medical leave, reduce or deny an employment benefit which accrued to the employe before his or her leave began or, consistent with sub. (9), accrued after his or her leave began.

AB200, s. 45 Section 45. 103.10 (8) (c) of the statutes is repealed and recreated to read:

AB200,14,6 103.10 (8) (c) An employer may require an employe who is on family or medical leave to report periodically to the employer on the employe's status and intention of returning to work.

AB200, s. 46 Section 46. 103.10 (8) (d) of the statutes is created to read:

AB200,14,11 103.10 (8) (d) Notwithstanding par. (a), an employer may adopt a uniformly applied practice or policy that requires an employe who is returning from leave under sub. (3) (d) to obtain a certification from the employe's health care provider that the employe is able to return to work.

AB200, s. 47 Section 47. 103.10 (8) (e) of the statutes is created to read:

AB200,14,15 103.10 (8) (e) Notwithstanding par. (a), an employer may deny placement in an employment position described in par. (a) 1. and 2. to an employe who returns from family leave or medical leave if all of the following apply:

AB200,14,18 1. The employe is a salaried employe who before the leave was among the highest-paid 10% of the employes employed by the employer within 75 miles of the worksite at which the employe is employed.

AB200,14,20 2. That denial is necessary to prevent substantial and grievous economic injury to the operations of the employer.

AB200,14,23 3. The employer notifies the employe of the employer's intent to deny that placement based on the conditions specified in subds. 1. and 2. at the time the employer determines that the injury described in subd. 2. would occur.

AB200,14,25 4. In the case of an employe who receives the notice under subd. 3. after the leave has begun, the employe elects not to return to employment with the employer.

AB200, s. 48 Section 48. 103.10 (9) (b) of the statutes is amended to read:

AB200,15,10 103.10 (9) (b) Subject to par. (c), during a period that an employe takes family leave or medical leave, his or her employer shall maintain group health insurance coverage at the level and under the conditions that applied immediately before the family leave or medical leave began. If the employe continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employe had not taken the family leave or medical the employer would have provided coverage if the employe had continued in employment continuously during that leave.

AB200, s. 49 Section 49. 103.10 (9) (c) of the statutes is repealed and recreated to read:

AB200,15,18 103.10 (9) (c) An employer may recover from an employe the premium paid by the employer to maintain group health insurance coverage for the employe during a period of unpaid family leave or medical leave if the employe fails to return from that leave after the period of leave to which the employe is entitled has expired for a reason other than the continuation, recurrence or onset of a serious health condition that entitles the employe to leave under sub. (3) (c) or (d) or other circumstances beyond the control of the employe.

AB200, s. 50 Section 50. 103.10 (9) (d) of the statutes is repealed and recreated to read:

AB200,16,4 103.10 (9) (d) If an employe claims that he or she is unable to return to work because of the continuation, recurrence or onset of a serious health condition as described in par. (c), the employer may require the employe to provide certification issued by the health care provider or Christian Science practitioner of the child, spouse, parent or employe, whichever is appropriate, that the employe was needed to care for his or her child, spouse or parent on the day that the employe's leave expired or that a serious health condition prevented the employe from being able to perform the duties of the employe's position on the day that the employe's leave expired. The employe shall provide a copy of the certification under this paragraph to the employer in a timely manner.

AB200, s. 51 Section 51. 103.10 (10) of the statutes is repealed and recreated to read:

AB200,16,7 103.10 (10) Instructional employes. (a) In this subsection, "educational agency" has the meaning given in s. 115.31 (1) (b).

AB200,16,14 (b) If an employe who is employed principally in an instructional capacity by an educational agency requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (c) or (d) that is foreseeable for planned medical treatment, complies with the requirements under sub. (6) (b) and would be on leave for greater than 20% of the total number of working days during the period in which the leave would extend, the educational agency may require that employe to elect to do one of the following:

AB200,16,16 1. To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment.

AB200,16,18 2. To transfer temporarily to an alternative employment position as provided in sub. (4g) (b).

AB200,16,24 (c) 1. If an employe who is employed principally in an instructional capacity by an educational agency begins family leave or medical leave more than 5 weeks before the end of a semester, the educational agency may require the employe to continue taking leave until the end of the semester if the family leave or medical leave is for a period of at least 3 weeks in duration and the return to employment would occur during the 3-week period before the end of the semester.

AB200,17,7 2. If an employe who is employed principally in an instructional capacity by an educational agency begins leave under sub. (3) (a), (b) or (c) during the period that begins 5 weeks before the end of a semester and ends 3 weeks before the end of a semester, the educational agency may require the employe to continue taking leave until the end of the semester if the leave under sub. (3) (a), (b) or (c) is for a period of more than 2 weeks in duration and the return to employment would occur during the 2-week period before the end of the semester.

AB200,17,12 3. If an employe who is employed principally in an instructional capacity by an educational agency begins leave under sub. (3) (a), (b) or (c) less than 3 weeks before the end of a semester and the leave is for a period of more than 5 working days, the educational agency may require the employe to continue taking leave until the end of the semester.

AB200,17,16 (d) An educational agency shall determine what is an equivalent employment position under sub. (8) (a) 2. based on policies and practices established by the educational agency and on any applicable collective bargaining agreement to which the educational agency is a party.

AB200, s. 52 Section 52. 103.10 (11) (c) of the statutes is repealed and recreated to read:

AB200,17,21 103.10 (11) (c) 1. No person may discharge or in any manner discriminate against any individual for filing a complaint or attempting to enforce any right under this section or for testifying or assisting in any action or proceeding to enforce any right under this section.

AB200,17,24 2. No person may discharge or in any manner discriminate against any individual because that person believes that the individual has engaged or may engage in an activity described in subd. 1.

AB200, s. 53 Section 53. 103.10 (11) (d) of the statutes is created to read:

AB200,18,3 103.10 (11) (d) Notwithstanding pars. (a) to (c), any action taken by an employer to comply with 29 USC 2601 to 2654 is not considered to be a violation of this section.

AB200, s. 54 Section 54. 103.10 (12) (b) of the statutes is amended to read:

AB200,18,16 103.10 (12) (b) An employe who believes that his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employe should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. A complaint under this subsection may be filed no later than 300 days after the date of the last event constituting the alleged violation for which the complaint is brought. Except as provided in s. 230.45 (1m), the department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB200, s. 55 Section 55. 103.10 (12) (c) of the statutes is repealed.

AB200, s. 56 Section 56. 103.10 (12) (d) of the statutes is amended to read:

AB200,18,24 103.10 (12) (d) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it may order the employer to take action to remedy the violation, including providing requested family leave or medical leave, reinstating an employe, and providing back pay accrued not more than 2 years before the complaint was filed and paying reasonable actual attorney fees to the complainant.

AB200, s. 57 Section 57. 103.10 (12) (e) of the statutes is created to read:

AB200,19,3 103.10 (12) (e) Any respondent or complainant who is dissatisfied with the findings and order of the examiner may file a written petition with the department for review by the commission of the findings and order.

AB200, s. 58 Section 58. 103.10 (12) (f) of the statutes is created to read:

AB200,19,14 103.10 (12) (f) If no petition is filed within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent, the findings and order shall be considered final. If a timely petition is filed, the commission, on review, may either affirm, reverse or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and orders it may extend the time another 21 days for filing the petition with the department.

AB200, s. 59 Section 59. 103.10 (12) (g) of the statutes is created to read:

AB200,19,22 103.10 (12) (g) On motion, the commission may set aside, modify or change any decision made by the commission, at any time within 28 days from the date thereof if it discovers any mistake therein, or upon the grounds of newly discovered evidence. The commission may on its own motion, for reasons it considers sufficient, set aside any final decision of the commission within one year after the date thereof upon grounds of mistake or newly discovered evidence, and remand the case to the department for further proceedings.