AB166, s. 62
21Section
62. 103.10 (13) (c) of the statutes is created to read:
AB166,19,222
103.10
(13) (c) If a circuit court finds that an employer has violated sub. (11),
23it may order the employer to take action to remedy the violation, including providing
24requested family leave, medical leave or school conference and activities leave,
25reinstating an employe, promoting an employe and paying reasonable actual
1attorney fees to the complainant, notwithstanding s. 814.04 (1), and to pay all of the
2following damages to the affected employe:
AB166,19,83
1. Damages equal to the amount of any wages, salary, employment benefits or
4other compensation that was denied to or lost by the employe because of the violation
5or, if the employe has not lost or been denied any wages, salary, employment benefits
6or other compensation, any actual monetary losses sustained by the employe as a
7direct result of the violation up to a sum equal to 12 weeks of wages or salary for the
8employe.
AB166,19,149
2. As liquidated damages, an amount equal to the damages described in subd.
101., except that the court may reduce the amount of damages that the employer is
11liable for to the amount described in subd. 1. if the employer shows that the act or
12omission that was in violation of sub. (11) was in good faith and that the employer
13had reasonable grounds to believe that the act or omission was not a violation of sub.
14(11).
AB166, s. 63
15Section
63. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and
16amended to read:
AB166,19,2417
103.10
(14) Notice posted. Each employer shall post, in
one or more 18conspicuous places
on the employer's premises where notices to employes
and
19applicants for employment are customarily posted, a notice in a form
prepared or 20approved by the department setting forth
employes' rights under this section 21excerpts from, or summaries of, the pertinent provisions of this section and
22information relating to the filing of a complaint under sub. (12) or a civil action under
23sub. (13). Any employer who
wilfully violates this subsection shall forfeit not more
24than $100 for each offense.
AB166, s. 64
25Section
64. 103.10 (14) (b) of the statutes is repealed.
AB166, s. 65
1Section
65. 103.10 (15) of the statutes is created to read:
AB166,20,52
103.10
(15) Local ordinances. A county, city, village or town may enact an
3ordinance that provides employes with rights to family leave, medical leave or school
4conference and activities leave that are more generous to the employe than the rights
5provided under this section.
AB166, s. 66
6Section
66. 103.10 (16) of the statutes is created to read:
AB166,20,97
103.10
(16) Rules. The department shall promulgate rules to implement this
8section. Those rules shall conform to
29 CFR 825 to the extent that
29 CFR 825 is
9consistent with this section.
AB166, s. 67
10Section
67. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:
AB166,20,1411
108.04
(1) (b) 3. (intro.) While the employe is on family or medical leave under
12the federal family and medical leave act of 1993
(P.L. 103-3), 29 USC 2601 to 2654, 13or s. 103.10
or school conference and activities leave under s. 103.10, until whichever
14of the following occurs first:
AB166, s. 68
15Section
68. 111.322 (2m) (a) of the statutes is amended to read:
AB166,20,1816
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
17right under s. 103.02,
103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03
18or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB166, s. 69
19Section
69. 111.322 (2m) (b) of the statutes is amended to read:
AB166,20,2220
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
21held under or to enforce any right under s. 103.02,
103.10, 103.13, 103.28, 103.32,
22103.455, 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
23Section
70. 111.91 (2) (f) of the statutes is amended to read:
AB166,21,724
111.91
(2) (f) Family leave and medical leave rights below the minimum
25afforded under
the federal family and medical leave act of 1993, 29 USC 2601 to 2654,
1and s. 103.10 and school conference and activities leave rights below the minimum
2afforded under s. 103.10. Nothing in this paragraph prohibits the employer from
3bargaining on rights to family leave or medical leave which are more generous to the
4employe than the rights provided under
the federal family and medical leave act of
51993, 29 USC 2601 to 2654 and s. 103.10 and on rights to school conference and
6activities leave which are more generous to the employe than the rights provided
7under s. 103.10.
AB166, s. 71
8Section
71. 230.35 (2m) of the statutes is amended to read:
AB166,21,159
230.35
(2m) An employe shall be eligible for medical or family leave under s.
10103.10 upon the expiration, extension or renewal of any collective bargaining
11agreement in effect on April 26, 1988, which covers the employe.
An employe shall
12be eligible for medical or family leave under the federal family and medical leave act
13of 1993, 29 USC 2601 to 2654, upon the expiration, extension or renewal of any
14collective bargaining agreement in effect on August 5, 1993, which covers the
15employe or on February 5, 1994, whichever is earlier.
AB166, s. 72
16Section
72. 230.35 (2n) of the statutes is created to read:
AB166,21,2017
230.35
(2n) An employe shall be eligible for school conference and activities
18leave under s. 103.10 upon the expiration, extension or renewal of any collective
19bargaining agreement in effect on the effective date of this subsection .... [revisor
20inserts date], which covers the employe.
AB166, s. 73
21Section
73. 252.17 (3) (i) of the statutes is repealed.
AB166, s. 74
22Section
74. 252.17 (4) (a) of the statutes is amended to read:
AB166,22,823
252.17
(4) (a) Except as provided in
pars. (b) and (c) par. (b), if an individual
24satisfies sub. (3), the department shall pay the amount of each premium payment for
25coverage under the group health plan under sub. (3) (d) that is due from the
1individual on or after the date on which the individual becomes eligible for a subsidy
2under sub. (3). The department may not refuse to pay the full amount of the
3individual's contribution to each premium payment because the coverage that is
4provided to the individual who satisfies sub. (3) includes coverage of the individual's
5spouse and dependents. Except as provided in par. (b), the department shall
6terminate the payments under this section when the individual's unpaid medical
7leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of
829 months after the unpaid medical leave began, whichever occurs first.
AB166, s. 75
9Section
75. 252.17 (4) (c) of the statutes is repealed.
AB166, s. 76
10Section
76. 632.897 (6) of the statutes is amended to read:
AB166,22,1611
632.897
(6) If the terminated insured elects to continue group coverage as
12provided in this section, the insurer may require conversion to individual coverage
13by the terminated insured and his or her spouse and dependents 18 months after the
14terminated insured elects the group coverage
except as provided in s. 103.10 (9) (d).
15The conditions, rights and procedures governing conversion under sub. (4) (a) apply
16to this conversion.
AB166, s. 77
17Section
77. 893.96 (title) of the statutes is repealed and recreated to read:
AB166,22,19
18893.96 (title)
Family, medical and school conference and activities
19leave; civil remedies.
AB166,22,2521
(1) This act first applies to an employe, as defined in section 103.10 (1) (b) of
22the statutes, who is affected by a collective bargaining agreement that is in effect on
23the effective date of this subsection on the day after the collective bargaining
24agreement expires or on the day on which the collective bargaining agreement is
25extended, modified or renewed, whichever is earlier.
AB166,23,32
(1)
This act takes effect on the first day of the 6th month beginning after
3publication.