LRB-1728/1
GMM:kjf:rs
2009 - 2010 LEGISLATURE
February 25, 2009 - Introduced by Senators Carpenter, Lassa, Lehman, Plale,
Taylor, Erpenbach, Miller and Hansen, cosponsored by Representatives
Black, A. Ott, Smith, Zigmunt, Sinicki, Benedict, Parisi, Pope-Roberts,
Pocan, Grigsby, A. Williams, Young, Cullen, Fields, Zepnick, Pasch, Berceau
and Soletski. Referred to Committee on Children and Families and
Workforce Development.
SB86,1,7
1An Act to renumber and amend 103.10 (5) (b);
to amend 103.10 (title), 103.10
2(2) (a), 103.10 (2) (c), 103.10 (5) (a), 103.10 (8) (a) (intro.), 103.10 (8) (a) 1., 103.10
3(8) (a) 2., 103.10 (8) (b), 103.10 (8) (c), 103.10 (9) (a), 103.10 (9) (b), 103.10 (9) (c)
44., 103.10 (9) (d), 103.10 (10), 103.10 (12) (d), 103.10 (14) (b), 111.91 (2) (f), 230.35
5(2m) and 253.10 (3) (d) 1.;
to repeal and recreate 893.96 (title); and
to create
6103.10 (1) (fr), 103.10 (4m), 103.10 (5) (b) 2. and 103.10 (6) (c) of the statutes;
7relating to: school conference and activities leave.
Analysis by the Legislative Reference Bureau
Under current law, an employer, including the state, employing at least 50
individuals on a permanent basis in this state 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-week
period to take six weeks of family leave in a 12-month period and 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. An employee who
intends to take family or medical leave for the birth or adoptive placement of a child
or for planned medical treatment must give the employer advance notice of the birth
or adoptive placement or planned medical treatment. In addition, for planned
medical treatment, the employee must make a reasonable effort to schedule the
medical treatment so that it does not unduly disrupt the operations of the employer.
This bill allows any employee of an employer, including the state, employing at
least 50 individuals on a permanent basis in this state to take no more than 16 hours
of school conference and activities leave in a 12-month period. School conference and
activities leave may be taken to attend school conferences or classroom activities
relating to the employee's child that cannot be scheduled during nonworking hours.
In addition, school conference and activities leave may be taken to observe and
monitor the day care, preschool, or prekindergarten services or programming
received by an employee's child, if that observation and monitoring cannot be
scheduled during nonworking hours. An employee is not entitled to receive wages
or salary while taking school conference and activities leave, but may substitute, for
portions of school conference and activities leave, other types of paid or unpaid leave
provided by the employer, except that an employee may not substitute paid leave for
school conference and activities leave for attending a school conference or activity for
less than one hour. An employee who intends to take leave to attend a school
conference or activity must give the employer advance notice of the conference or
activity and must make a reasonable effort to schedule the conference or activity so
that it does not unduly disrupt the operations of the employer.
For purposes of this bill, "school" means a day care center licensed by the
Department of Children and Families Services, a day care provider certified for
funding by a county department of human services or social services, a day care
program established or contracted for by a school board, a public or private preschool
or prekindergarten, or a public or private school that provides an educational
program for one or more grades between kindergarten and 12.
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:
SB86, s. 1
1Section
1. 103.10 (title) of the statutes is amended to read:
SB86,2,3
2103.10 (title)
Family or, medical, and school conference and activities
3leave.
SB86, s. 2
4Section
2. 103.10 (1) (fr) of the statutes is created to read:
SB86,3,5
1103.10
(1) (fr) "School" means a child care provider, as defined in s. 49.001 (1),
2a public or private preschool or prekindergarten, or a public or private school that
3provides an educational program for one or more grades between kindergarten and
412 and that is commonly known as a kindergarten, elementary school, middle school,
5junior high school, senior high school, or high school.
SB86, s. 3
6Section
3. 103.10 (2) (a) of the statutes is amended to read:
SB86,3,107
103.10
(2) (a) Nothing in this section prohibits an employer from providing
8employees with rights to family leave
or, medical leave
which, or school conference
9and activities leave that are more generous to the employee than the rights provided
10under this section.
SB86, s. 4
11Section
4. 103.10 (2) (c) of the statutes is amended to read:
SB86,3,1612
103.10
(2) (c) This section only applies to an employee who has been employed
13by the same employer for more than 52 consecutive weeks and who worked for the
14employer for at least 1,000 hours during the preceding 52-week period
, except that
15for purposes of school conference and activities leave under sub. (4m) this section
16applies to any employee of an employer.
SB86, s. 5
17Section
5. 103.10 (4m) of the statutes is created to read:
SB86,4,218
103.10
(4m) School conference and activities leave. Subject to sub. (6) (c),
19an employee may take no more than 16 hours of school conference and activities leave
20in a 12-month period for the purpose of attending school conferences or classroom
21activities relating to the employee's child that cannot be scheduled during nonwork
22hours. An employee may also use the school conference and activities leave provided
23under this subsection to observe and monitor the services or programming provided
24to the employee's child by a child care provider, as defined in s. 49.001 (1), or a public
1or private preschool or prekindergarten, if that observation and monitoring cannot
2be scheduled during nonwork hours.
SB86, s. 6
3Section
6. 103.10 (5) (a) of the statutes is amended to read:
SB86,4,64
103.10
(5) (a) This section does not entitle an employee to receive wages or
5salary while taking family leave
or, medical leave
, or school conference and activities
6leave.
SB86, s. 7
7Section
7. 103.10 (5) (b) of the statutes is renumbered 103.10 (5) (b) 1. and
8amended to read:
SB86,4,119
103.10
(5) (b) 1.
An Subject to subd. 2., an employee may substitute, for portions
10of family leave
or, medical leave
, or school conference and activities leave, paid or
11unpaid leave of any other type provided by the employer.
SB86, s. 8
12Section
8. 103.10 (5) (b) 2. of the statutes is created to read:
SB86,4,1513
103.10
(5) (b) 2. Notwithstanding subd. 1., an employee may not substitute paid
14leave for school conference and activities leave for attending a school conference or
15activity for less than one hour.
SB86, s. 9
16Section
9. 103.10 (6) (c) of the statutes is created to read:
SB86,4,1917
103.10
(6) (c) If an employee intends to take leave under sub. (4m) for the
18purpose of attending a school conference or activity, the employee shall do all of the
19following:
SB86,4,2120
1. Make a reasonable effort to schedule the conference or activity so that it does
21not unduly disrupt the employer's operations.
SB86,4,2322
2. Give the employer advance notice of the conference or activity in a reasonable
23and practicable manner.
SB86, s. 10
24Section
10. 103.10 (8) (a) (intro.) of the statutes is amended to read:
SB86,5,3
1103.10
(8) (a) (intro.) Subject to par. (c), when an employee returns from family
2leave
or, medical leave
, or school conference and activities leave, his or her employer
3shall immediately place the employee in an employment position as follows:
SB86, s. 11
4Section
11. 103.10 (8) (a) 1. of the statutes is amended to read:
SB86,5,75
103.10
(8) (a) 1. If the employment position which the employee held
6immediately before the family leave
or, medical leave
, or school conference and
7activities leave began is vacant when the employee returns, in that position.
SB86, s. 12
8Section
12. 103.10 (8) (a) 2. of the statutes is amended to read:
SB86,5,139
103.10
(8) (a) 2. If the employment position which the employee held
10immediately before the family leave
or, medical leave
, or school conference and
11activities leave began is not vacant when the employee returns, in an equivalent
12employment position having equivalent compensation, benefits, working shift,
13hours of employment
, and other terms and conditions of employment.
SB86, s. 13
14Section
13. 103.10 (8) (b) of the statutes is amended to read:
SB86,5,1815
103.10
(8) (b) No employer may, because an employee received family leave
or, 16medical leave
, or school conference and activities leave, reduce or deny an
17employment benefit
which that accrued to the employee before his or her leave began
18or, consistent with sub. (9), accrued after his or her leave began.
SB86, s. 14
19Section
14. 103.10 (8) (c) of the statutes is amended to read:
SB86,5,2420
103.10
(8) (c) Notwithstanding par. (a), if an employee on
a family, medical
or 21family, or school conference and activities leave wishes to return to work before the
22end of the leave as scheduled, the employer shall place the employee in an
23employment position of the type described in par. (a) 1. or 2. within a reasonable time
24not exceeding the duration of the leave as scheduled.
SB86, s. 15
25Section
15. 103.10 (9) (a) of the statutes is amended to read:
SB86,6,6
1103.10
(9) (a) Except as provided in par. (b), nothing in this section entitles a
2returning employee to a right, employment benefit
, or employment position to which
3the employee would not have been entitled had he or she not taken family leave
or, 4medical leave
, or school conference and activities leave or to the accrual of any
5seniority or employment benefit during a period of family leave
or, medical leave
, or
6school conference and activities leave.
SB86, s. 16
7Section
16. 103.10 (9) (b) of the statutes is amended to read:
SB86,6,158
103.10
(9) (b) Subject to par. (c), during a period an employee takes family leave
9or, medical leave
, or school conference and activities leave, his or her employer shall
10maintain group health insurance coverage under the conditions that applied
11immediately before the family leave
or, medical leave
, or school conference and
12activities leave began. If the employee continues making any contribution required
13for participation in the group health insurance plan, the employer shall continue
14making group health insurance premium contributions as if the employee had not
15taken the family leave
or, medical leave
, or school conference and activities leave.
SB86, s. 17
16Section
17. 103.10 (9) (c) 4. of the statutes is amended to read:
SB86,6,2217
103.10
(9) (c) 4. If an employee ends his or her employment with an employer
18during or within 30 days after a period of family leave
or
, medical leave
, or school
19conference and activities leave, the employer may deduct from the amount returned
20to the employee under subd. 3. any premium or similar expense paid by the employer
21for the employee's group health insurance coverage while the employee was on family
22leave
or, medical leave
, or school conference and activities leave.
SB86, s. 18
23Section
18. 103.10 (9) (d) of the statutes is amended to read:
SB86,7,424
103.10
(9) (d) If an employee ends his or her employment with an employer
25during or at the end of a period of family leave
or, medical leave
, or school conference
1and activities leave, the time period for conversion to individual coverage under s.
2632.897 (6) shall be calculated as beginning on the day
that on which the employee
3began the period of family leave
or, medical leave
, or school conference and activities
4leave.
SB86, s. 19
5Section
19. 103.10 (10) of the statutes is amended to read:
SB86,7,116
103.10
(10) Alternative employment. Nothing in this section prohibits an
7employer and an employee with a serious health condition from mutually agreeing
8to alternative employment for the employee while the serious health condition lasts.
9No period of alternative employment, with the same employer, reduces the
10employee's right to family leave
or, medical leave
, or school conference and activities
11leave.
SB86, s. 20
12Section
20. 103.10 (12) (d) of the statutes is amended to read:
SB86,7,1913
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
the requested family leave
or
, medical leave
, or school conference and
17activities leave, reinstating an employee, providing back pay accrued not more than
182 years before the complaint was filed
, and paying reasonable actual attorney fees
19to the complainant.
SB86, s. 21
20Section
21. 103.10 (14) (b) of the statutes is amended to read:
SB86,7,2421
103.10
(14) (b) Any person employing at least 25 individuals shall post, in one
22or more conspicuous places where notices to employees are customarily posted, a
23notice describing the person's policy with respect to leave for the reasons described
24in subs. (3) (b)
and, (4) (a)
, and (4m).
SB86, s. 22
25Section
22. 111.91 (2) (f) of the statutes is amended to read:
SB86,8,9
1111.91
(2) (f) Family leave and medical leave rights below the minimum
2afforded under
the federal Family and Medical Leave Act of 1993, 29 USC 2601 to
32654, and s. 103.10 and school conference and activities leave rights below the
4minimum afforded under s. 103.10. Nothing in this paragraph prohibits the
5employer from bargaining on rights to family leave or medical leave
which that are
6more generous to the employee than the rights provided under
the federal Family
7and Medical Leave Act of 1993, 29 USC 2601 to 2654, and s. 103.10 and on rights to
8school conference and activities leave that are more generous to the employee than
9the rights provided under s. 103.10.
SB86, s. 23
10Section
23. 230.35 (2m) of the statutes is amended to read:
SB86,8,1611
230.35
(2m) An employee shall be eligible for medical or family leave under s.
12103.10 upon the expiration, extension
, or renewal of any collective bargaining
13agreement in effect on April 26, 1988,
which that covers the employee.
An employee
14shall be eligible for school conference and activities leave under s. 103.10 upon the
15expiration, extension, or renewal of any collective bargaining agreement in effect on
16the effective date of this subsection .... [LRB inserts date], that covers the employee.