AB166: Bill Text

AB166,19,2 103.10 (13) (c) If a circuit court finds that an employer has violated sub. (11), it may order the employer to take action to remedy the violation, including providing requested family leave, medical leave or school conference and activities leave, reinstating an employe, promoting an employe and paying reasonable actual attorney fees to the complainant, notwithstanding s. 814.04 (1), and to pay all of the following damages to the affected employe:

AB166,19,8 1. Damages equal to the amount of any wages, salary, employment benefits or other compensation that was denied to or lost by the employe because of the violation or, if the employe has not lost or been denied any wages, salary, employment benefits or other compensation, any actual monetary losses sustained by the employe as a direct result of the violation up to a sum equal to 12 weeks of wages or salary for the employe.

AB166,19,14 2. As liquidated damages, an amount equal to the damages described in subd. 1., except that the court may reduce the amount of damages that the employer is liable for to the amount described in subd. 1. if the employer shows that the act or omission that was in violation of sub. (11) was in good faith and that the employer had reasonable grounds to believe that the act or omission was not a violation of sub. (11).

AB166, s. 63 Section 63. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and amended to read:

AB166,19,24 103.10 (14) Notice posted. Each employer shall post, in one or more conspicuous places on the employer's premises where notices to employes and applicants for employment are customarily posted, a notice in a form prepared or approved by the department setting forth employes' rights under this section excerpts from, or summaries of, the pertinent provisions of this section and information relating to the filing of a complaint under sub. (12) or a civil action under sub. (13). Any employer who wilfully violates this subsection shall forfeit not more than $100 for each offense.

AB166, s. 64 Section 64. 103.10 (14) (b) of the statutes is repealed.

AB166, s. 65 Section 65. 103.10 (15) of the statutes is created to read:

AB166,20,5 103.10 (15) Local ordinances. A county, city, village or town may enact an ordinance that provides employes with rights to family leave, medical leave or school conference and activities leave that are more generous to the employe than the rights provided under this section.

AB166, s. 66 Section 66. 103.10 (16) of the statutes is created to read:

AB166,20,9 103.10 (16) Rules. The department shall promulgate rules to implement this section. Those rules shall conform to 29 CFR 825 to the extent that 29 CFR 825 is consistent with this section.

AB166, s. 67 Section 67. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:

AB166,20,14 108.04 (1) (b) 3. (intro.) While the employe is on family or medical leave under the federal family and medical leave act of 1993 (P.L. 103-3), 29 USC 2601 to 2654, or s. 103.10 or school conference and activities leave under s. 103.10, until whichever of the following occurs first:

AB166, s. 68 Section 68. 111.322 (2m) (a) of the statutes is amended to read:

AB166,20,18 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03 or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB166, s. 69 Section 69. 111.322 (2m) (b) of the statutes is amended to read:

AB166,20,22 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03 or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB166, s. 70 Section 70. 111.91 (2) (f) of the statutes is amended to read:

AB166,21,7 111.91 (2) (f) Family leave and medical leave rights below the minimum afforded under the federal family and medical leave act of 1993, 29 USC 2601 to 2654, and s. 103.10 and school conference and activities leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits the employer from bargaining on rights to family leave or medical leave which are more generous to the employe than the rights provided under the federal family and medical leave act of 1993, 29 USC 2601 to 2654 and s. 103.10 and on rights to school conference and activities leave which are more generous to the employe than the rights provided under s. 103.10.

AB166, s. 71 Section 71. 230.35 (2m) of the statutes is amended to read:

AB166,21,15 230.35 (2m) An employe shall be eligible for medical or family leave under s. 103.10 upon the expiration, extension or renewal of any collective bargaining agreement in effect on April 26, 1988, which covers the employe. An employe shall be eligible for medical or family leave under the federal family and medical leave act of 1993, 29 USC 2601 to 2654, upon the expiration, extension or renewal of any collective bargaining agreement in effect on August 5, 1993, which covers the employe or on February 5, 1994, whichever is earlier.

AB166, s. 72 Section 72. 230.35 (2n) of the statutes is created to read:

AB166,21,20 230.35 (2n) An employe shall be eligible for school conference and activities leave under s. 103.10 upon the expiration, extension or renewal of any collective bargaining agreement in effect on the effective date of this subsection .... [revisor inserts date], which covers the employe.

AB166, s. 73 Section 73. 252.17 (3) (i) of the statutes is repealed.

AB166, s. 74 Section 74. 252.17 (4) (a) of the statutes is amended to read:

AB166,22,8 252.17 (4) (a) Except as provided in pars. (b) and (c) par. (b), if an individual satisfies sub. (3), the department shall pay the amount of each premium payment for coverage under the group health plan under sub. (3) (d) that is due from the individual on or after the date on which the individual becomes eligible for a subsidy under sub. (3). The department may not refuse to pay the full amount of the individual's contribution to each premium payment because the coverage that is provided to the individual who satisfies sub. (3) includes coverage of the individual's spouse and dependents. Except as provided in par. (b), the department shall terminate the payments under this section when the individual's unpaid medical leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of 29 months after the unpaid medical leave began, whichever occurs first.

AB166, s. 75 Section 75. 252.17 (4) (c) of the statutes is repealed.

AB166, s. 76 Section 76. 632.897 (6) of the statutes is amended to read:

AB166,22,16 632.897 (6) If the terminated insured elects to continue group coverage as provided in this section, the insurer may require conversion to individual coverage by the terminated insured and his or her spouse and dependents 18 months after the terminated insured elects the group coverage except as provided in s. 103.10 (9) (d). The conditions, rights and procedures governing conversion under sub. (4) (a) apply to this conversion.

AB166, s. 77 Section 77. 893.96 (title) of the statutes is repealed and recreated to read:

AB166,22,19 893.96 (title) Family, medical and school conference and activities leave; civil remedies.

AB166, s. 78 Section 78. Initial applicability.

AB166,22,25 (1) This act first applies to an employe, as defined in section 103.10 (1) (b) of the statutes, who is affected by a collective bargaining agreement that is in effect on the effective date of this subsection on the day after the collective bargaining agreement expires or on the day on which the collective bargaining agreement is extended, modified or renewed, whichever is earlier.

AB166, s. 79 Section 79. Effective date.

AB166,23,3 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB166,23,4 (End)