AB614, s. 40
16Section
40. 103.10 (9) (c) of the statutes is repealed and recreated to read:
AB614,11,2317
103.10
(9) (c) An employer may recover from an employe the premium paid by
18the employer to maintain group health insurance coverage for the employe during
19a period of unpaid family leave or medical leave if the employe fails to return from
20that leave after the period of leave to which the employe is entitled has expired for
21a reason other than the continuation, recurrence or onset of a serious health
22condition that entitles the employe to leave under sub. (3) (c) or (d) or other
23circumstances beyond the control of the employe.
AB614, s. 41
24Section
41. 103.10 (9) (d) of the statutes is repealed and recreated to read:
AB614,12,10
1103.10
(9) (d) If an employe claims that he or she is unable to return to work
2because of the continuation, recurrence or onset of a serious health condition as
3described in par. (c), the employer may require the employe to provide certification
4issued by the health care provider or Christian Science practitioner of the child,
5spouse, parent or employe, whichever is appropriate, that the employe was needed
6to care for his or her child, spouse or parent on the day that the employe's leave
7expired or that a serious health condition prevented the employe from being able to
8perform the duties of the employe's position on the day that the employe's leave
9expired. The employe shall provide a copy of the certification under this paragraph
10to the employer in a timely manner.
AB614, s. 42
11Section
42. 103.10 (11) (c) of the statutes is repealed and recreated to read:
AB614,12,1512
103.10
(11) (c) 1. No person may discharge or in any manner discriminate
13against any individual for filing a complaint or attempting to enforce any right under
14this section or for testifying or assisting in any action or proceeding to enforce any
15right under this section.
AB614,12,1816
2. No person may discharge or in any manner discriminate against any
17individual because that person believes that the individual has engaged or may
18engage in an activity described in subd. 1.
AB614, s. 43
19Section
43. 103.10 (11) (d) of the statutes is created to read:
AB614,12,2220
103.10
(11) (d) Notwithstanding pars. (a) to (c), any action taken by an
21employer to comply with
29 USC 2601 to
2654 is not considered to be a violation of
22this section.
AB614, s. 44
23Section
44. 103.10 (12) (b) of the statutes is amended to read:
AB614,13,1024
103.10
(12) (b) An employe who believes
that his or her employer has violated
25sub. (11)
(a) or (b) may
, within 30 days after the violation occurs or the employe should
1reasonably have known that the violation occurred, whichever is later, file a
2complaint with the department alleging the violation.
A complaint under this
3subsection may be filed no later than 300 days after the date of the last event
4constituting the alleged violation for which the complaint is brought. Except as
5provided in s. 230.45 (1m), the department shall investigate the complaint and shall
6attempt to resolve the complaint by conference, conciliation or persuasion. If the
7complaint is not resolved and the department finds probable cause to believe a
8violation has occurred, the department shall proceed with notice and a hearing on
9the complaint as provided in ch. 227. The hearing shall be held within 60 days after
10the department receives the complaint.
AB614, s. 45
11Section
45. 103.10 (12) (c) of the statutes is repealed.
AB614, s. 46
12Section
46. 103.10 (12) (d) of the statutes is amended to read:
AB614,13,1913
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 requested family leave or medical leave, reinstating an employe,
17promoting an employe, providing back pay
accrued not more than 2 years before the
18complaint was filed and employment benefits to an employe and paying reasonable
19actual attorney fees to the complainant.
AB614, s. 47
20Section
47. 103.10 (12) (e) of the statutes is created to read:
AB614,13,2321
103.10
(12) (e) Any respondent or complainant who is dissatisfied with the
22findings and order of the examiner may file a written petition with the department
23for review by the commission of the findings and order.
AB614, s. 48
24Section
48. 103.10 (12) (f) of the statutes is created to read:
AB614,14,10
1103.10
(12) (f) If no petition is filed within 21 days from the date that a copy
2of the findings and order of the examiner is mailed to the last-known address of the
3respondent, the findings and order shall be considered final. If a timely petition is
4filed, the commission, on review, may either affirm, reverse or modify the findings
5or order in whole or in part, or set aside the findings and order and remand to the
6department for further proceedings. Such actions shall be based on a review of the
7evidence submitted. If the commission is satisfied that a respondent or complainant
8has been prejudiced because of exceptional delay in the receipt of a copy of any
9findings and orders it may extend the time another 21 days for filing the petition with
10the department.
AB614, s. 49
11Section
49. 103.10 (12) (g) of the statutes is created to read:
AB614,14,1812
103.10
(12) (g) On motion, the commission may set aside, modify or change any
13decision made by the commission, at any time within 28 days from the date thereof
14if it discovers any mistake therein, or upon the grounds of newly discovered evidence.
15The commission may on its own motion, for reasons it considers sufficient, set aside
16any final decision of the commission within one year after the date thereof upon
17grounds of mistake or newly discovered evidence, and remand the case to the
18department for further proceedings.
AB614, s. 50
19Section
50. 103.10 (13) (a) of the statutes is amended to read:
AB614,14,2420
103.10
(13) (a) An employe or the department may bring an action in circuit
21court against an employer
on behalf of the employe, or on behalf of the employe and
22other employes similarly situated, to recover damages
, as described in par. (c), 23caused by a violation of sub. (11) after the completion of an administrative
24proceeding, including judicial review, concerning the same violation.
AB614, s. 51
1Section
51. 103.10 (13) (b) (intro.) and 1. of the statutes are consolidated,
2renumbered 103.10 (13) (b) and amended to read:
AB614,15,63
103.10
(13) (b) An action under par. (a) shall be commenced within
the later
4of the following periods, or be barred: 1. Within 60 days
from after the completion
5of an administrative proceeding, including judicial review, concerning the same
6violation
, or be barred.
AB614, s. 52
7Section
52. 103.10 (13) (b) 2. of the statutes is repealed.
AB614, s. 53
8Section
53. 103.10 (13) (c) of the statutes is created to read:
AB614,15,149
103.10
(13) (c) If a circuit court finds that an employer has violated sub. (11),
10it may order the employer to take action to remedy the violation, including providing
11requested family leave or medical leave, reinstating an employe, promoting an
12employe and paying reasonable actual attorney fees to the complainant,
13notwithstanding s. 814.04 (1), and to pay all of the following damages to the affected
14employe:
AB614,15,2015
1. Damages equal to the amount of any wages, salary, employment benefits or
16other compensation that was denied to or lost by the employe because of the violation
17or, if the employe has not lost or been denied any wages, salary, employment benefits
18or other compensation, any actual monetary losses sustained by the employe as a
19direct result of the violation up to a sum equal to 12 weeks of wages or salary for the
20employe.
AB614,16,221
2. As liquidated damages, an amount equal to the damages described in subd.
221., except that the court may reduce the amount of damages that the employer is
23liable for to the amount described in subd. 1. if the employer shows that the act or
24omission that was in violation of sub. (11) was in good faith and that the employer
1had reasonable grounds to believe that the act or omission was not a violation of sub.
2(11).
AB614, s. 54
3Section
54. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and
4amended to read:
AB614,16,125
103.10
(14) Notice posted. Each employer shall post, in
one or more 6conspicuous places
on the employer's premises where notices to employes
and
7applicants for employment are customarily posted, a notice in a form
prepared or 8approved by the department setting forth
employes' rights under this section 9excerpts from, or summaries of, the pertinent provisions of this section and
10information relating to the filing of a complaint under sub. (12) or a civil action under
11sub. (13). Any employer who
wilfully violates this subsection shall forfeit not more
12than $100 for each offense.
AB614, s. 55
13Section
55. 103.10 (14) (b) of the statutes is repealed.
AB614, s. 56
14Section
56. 103.10 (15) of the statutes is created to read:
AB614,16,1715
103.10
(15) Local ordinances. A county, city, village or town may enact an
16ordinance that provides employes with rights to family leave or medical leave that
17are more generous to the employe than the rights provided under this section.
AB614, s. 57
18Section
57. 103.10 (16) of the statutes is created to read:
AB614,16,2119
103.10
(16) Rules. The department shall promulgate rules to implement this
20section. Those rules shall conform to
29 CFR 825 to the extent that
29 CFR 825 is
21consistent with this section.
AB614, s. 58
22Section
58. 111.322 (2m) (a) of the statutes is amended to read:
AB614,16,2523
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
24right under s. 103.02,
103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03
25or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB614, s. 59
1Section
59. 111.322 (2m) (b) of the statutes is amended to read:
AB614,17,42
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
3held under or to enforce any right under s. 103.02,
103.10, 103.13, 103.28, 103.32,
4103.455, 103.50, 104.12, 109.03 or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB614, s. 60
5Section
60. 252.17 (3) (i) of the statutes is repealed.
AB614, s. 61
6Section
61. 252.17 (4) (a) of the statutes is amended to read:
AB614,17,177
252.17
(4) (a) Except as provided in
pars. (b) and (c) par. (b), if an individual
8satisfies sub. (3), the department shall pay the amount of each premium payment for
9coverage under the group health plan under sub. (3) (d) that is due from the
10individual on or after the date on which the individual becomes eligible for a subsidy
11under sub. (3). The department may not refuse to pay the full amount of the
12individual's contribution to each premium payment because the coverage that is
13provided to the individual who satisfies sub. (3) includes coverage of the individual's
14spouse and dependents. Except as provided in par. (b), the department shall
15terminate the payments under this section when the individual's unpaid medical
16leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of
1729 months after the unpaid medical leave began, whichever occurs first.
AB614, s. 62
18Section
62. 252.17 (4) (c) of the statutes is repealed.
AB614, s. 63
19Section
63. 632.897 (6) of the statutes is amended to read:
AB614,17,2520
632.897
(6) If the terminated insured elects to continue group coverage as
21provided in this section, the insurer may require conversion to individual coverage
22by the terminated insured and his or her spouse and dependents 18 months after the
23terminated insured elects the group coverage
except as provided in s. 103.10 (9) (d).
24The conditions, rights and procedures governing conversion under sub. (4) (a) apply
25to this conversion.
AB614,18,6
2(1) This act first applies to an employe, as defined in section 103.10 (1) (b) of
3the statutes, who is covered under a collective bargaining agreement on the effective
4date of this subsection on the day after the collective bargaining agreement expires
5or on the day that the collective bargaining agreement is extended, modified or
6renewed.
AB614,18,9
8(1)
This act takes effect on the first day of the 6th month beginning after
9publication.