SB8: Bill Text

3. If an employee is among the highest-paid 10 percent of the employer's employees, if denying reinstatement of the employee is necessary to prevent substantial and grievous economic injury to the employer, and if the employer so notifies the employee at the time the employer determines that the injury will occur, the employer may deny reinstatement of the employee following leave, except that, if the employee receives that notice during the leave, the employee must agree not to return to employment with the employer.

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:

SB8, s. 1 Section 1. 103.10 (title) of the statutes is amended to read:

SB8,8,2 103.10 (title) Family or, medical, or service member family leave.

SB8, s. 2 Section 2. 103.10 (1) (a) (intro.) of the statutes is amended to read:

SB8,8,6 103.10 (1) (a) (intro.) "Child" means a natural biological, adopted, or foster child, a stepchild, or a legal ward, or an individual for whom an employee stands in the place of a parent, to whom any of the following applies:

SB8, s. 3 Section 3. 103.10 (1) (a) 2. of the statutes is amended to read:

SB8,8,10 103.10 (1) (a) 2. The individual is 18 years of age or older and cannot care for himself or herself is incapable of self-care because of a serious health condition mental or physical disability.

SB8, s. 4 Section 4. 103.10 (1) (ap) of the statutes is created to read:

SB8,8,12 103.10 (1) (ap) "Covered active duty" means any of the following:

SB8,8,14 1. In the case of a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

SB8,9,4 2. In the case of a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

SB8, s. 5 Section 5. 103.10 (1) (aq) of the statutes is created to read:

SB8,9,6 103.10 (1) (aq) "Covered service member" means any of the following:

SB8,9,11 1. A member of the U.S. armed forces, including a member of the national guard or a reserve component of the U.S. armed forces, who is undergoing medical treatment, recuperation, or therapy, who is otherwise in outpatient status, or who is otherwise on the temporary disability retired list maintained under 10 USC 1376, for a serious injury or illness.

SB8,9,16 2. A veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the U.S. armed forces, including a member of the national guard or a reserve component of the U.S. armed forces, at any time during the 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

SB8, s. 6 Section 6. 103.10 (1) (b) of the statutes is amended to read:

SB8,9,21 103.10 (1) (b) "Employee" means an individual employed, or suffered or permitted to work, in this state by an employer, except other than the employer's parent, spouse, domestic partner, or child or an individual described in 29 USC 203 (e) (2) (C) (i) and (ii), (4), or (5), as amended to August 7, 1998.

SB8, s. 7 Section 7. 103.10 (1) (c) of the statutes is renumbered 103.10 (1) (c) (intro.) and amended to read:

SB8,9,25 103.10 (1) (c) (intro.) Except as provided in sub. (14) (b), "employer" "Employer" means a person engaging in any activity, enterprise, or business in this state employing at least 50 individuals on a permanent basis for each working day during each of 20 or more calendar weeks in the current or preceding year. "Employer" includes any person who acts, directly or indirectly, in the interest of an employer with respect to an employee and any successor in interest of an employer. "Employer" also includes the, without regard to the number of employees employed by the employer, all of the following:

SB8,10,10 1. The state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

SB8, s. 8 Section 8. 103.10 (1) (c) 2. of the statutes is created to read:

SB8,10,15 103.10 (1) (c) 2. A political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.

SB8, s. 9 Section 9. 103.10 (1) (d) of the statutes is amended to read:

SB8,10,21 103.10 (1) (d) "Employment benefit" means an insurance, leave or retirement a benefit which that an employer makes available to an employee, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether those benefits are provided by a practice or policy of the employer or through an employee benefit plan.

SB8, s. 10 Section 10. 103.10 (1) (er) of the statutes is created to read:

SB8,10,23 103.10 (1) (er) "Next of kin" means the closest blood relative of an individual.

SB8, s. 11 Section 11. 103.10 (1) (et) of the statutes is created to read:

SB8,11,5 103.10 (1) (et) "Outpatient status" means the status of a covered service member who is a member of the U.S. armed forces being assigned to a military medical treatment facility as an outpatient or to a unit established for the purpose of providing command and control of members of the U.S. armed forces receiving medical care as outpatients.

SB8, s. 12 Section 12. 103.10 (1) (f) of the statutes is amended to read:

SB8,11,10 103.10 (1) (f) "Parent" means a natural biological parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee's spouse or domestic partner or a person who stood in the place of a parent of the employee when the employee was a child.

SB8, s. 13 Section 13. 103.10 (1) (fm) of the statutes is created to read:

SB8,11,13 103.10 (1) (fm) "Reduced-leave schedule" means a leave schedule that reduces the usual number of hours that an employee works per day or per week.

SB8, s. 14 Section 14. 103.10 (1) (g) (intro.) of the statutes is amended to read:

SB8,11,17 103.10 (1) (g) (intro.) "Serious health condition" means a disabling physical or mental an illness, injury, impairment, or physical or mental condition involving any of the following:

SB8, s. 15 Section 15. 103.10 (1) (g) 2. of the statutes is amended to read:

SB8,11,20 103.10 (1) (g) 2. Outpatient care that requires continuing Continuing treatment or supervision by a health care provider.

SB8, s. 16 Section 16. 103.10 (1) (gd) of the statutes is created to read:

SB8,11,22 103.10 (1) (gd) "Serious injury or illness" means any of the following:

SB8,12,4 1. In the case of a member of the U.S. armed forces, including a member of the national guard or a reserve component of the U.S. armed forces, an injury or illness that was incurred by the member in the line of duty while on active duty in the U.S. armed forces, or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty in the U.S. armed forces, and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

SB8,12,14 2. In the case of a veteran who was a member of the U.S. armed forces, including a member of the national guard or a reserve component of the U.S. armed forces, at any time during the 5 years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy for an injury or illness that was incurred by the veteran in the line of duty while on active duty in the U.S. armed forces, or that existed before the beginning of the veteran's active duty and was aggravated by service in the line of duty while on active duty in the U.S. armed forces, a qualifying illness or injury, as determined by the department, that was so incurred or aggravated, whether the illness or injury manifested itself before or after the end of the veteran's active duty.

SB8, s. 17 Section 17. 103.10 (1) (h) of the statutes is amended to read:

SB8,12,16 103.10 (1) (h) "Spouse" means an employee's legal husband or wife.

SB8, s. 18 Section 18. 103.10 (1) (i) of the statutes is created to read:

SB8,12,18 103.10 (1) (i) "Veteran" has the meaning given in 38 USC 101 (2).

SB8, s. 19 Section 19. 103.10 (2) (a) of the statutes is amended to read:

SB8,12,23 103.10 (2) (a) Nothing in this section prohibits an employer from providing employees with rights to family leave or, medical leave which, or service member family leave that are more generous to the employee than the rights provided under this section.

SB8, s. 20 Section 20. 103.10 (2) (am) of the statutes is created to read:

SB8,13,5 103.10 (2) (am) 1. Nothing in this section diminishes the obligation of an employer to comply with a collective bargaining agreement or employee benefit program or plan under which the employer provides employees with rights to family leave, medical leave, or service member family leave that are more generous to the employee than the rights provided under this section.

SB8,13,8 2. A collective bargaining agreement or employee benefit program or plan may not limit or diminish any rights to family leave, medical leave, or service member family leave provided under this section.

SB8, s. 21 Section 21. 103.10 (2) (c) of the statutes is amended to read:

SB8,13,16 103.10 (2) (c) This section only applies to an employee who has been employed for at least 12 months by the same employer for more than 52 consecutive weeks from which leave under sub. (3) is requested and who worked for the that employer for at least 1,000 1,250 hours during the preceding 52-week 12-month period. This section does not apply to an employee who is employed at a worksite at which the employer employs less than 50 employees if the total number of employees employed by the employer within 75 miles of that worksite is less than 50.

SB8, s. 22 Section 22. 103.10 (3) (title) of the statutes is repealed and recreated to read:

SB8,13,18 103.10 (3) (title) Leave requirement.

SB8, s. 23 Section 23. 103.10 (3) (a) 1. of the statutes is renumbered 103.10 (3) (a) (intro.) and amended to read:

SB8,13,23 103.10 (3) (a) (intro.) In a 12-month period no an employee may take more than 6 12 weeks of family leave under par. (b) 1. and 2. for any one or more of the following reasons:

SB8, s. 24 Section 24. 103.10 (3) (a) 2. of the statutes is repealed.

SB8, s. 25 Section 25. 103.10 (3) (a) 3. of the statutes is repealed.

SB8, s. 26 Section 26. 103.10 (3) (a) 5. of the statutes is created to read:

SB8,14,5 103.10 (3) (a) 5. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, or parent of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

SB8, s. 27 Section 27. 103.10 (3) (am) of the statutes is created to read:

SB8,14,14 103.10 (3) (am) In a 12-month period an employee who is the spouse, child, parent, domestic partner, or next of kin of a covered service member may take 26 weeks of leave to care for the covered service member. Leave under this paragraph may be taken only during a single 12-month period. In a 12-month period in which leave is taken under this paragraph, an employee may take a combined total of 26 weeks of leave under this paragraph and par. (a). This paragraph does not limit the amount of leave that an employee may take under par. (a) in any other 12-month period.

SB8, s. 28 Section 28. 103.10 (3) (b) (intro.) of the statutes is repealed.

SB8, s. 29 Section 29. 103.10 (3) (b) 1. of the statutes is renumbered 103.10 (3) (a) 1m. and amended to read:

SB8,14,20 103.10 (3) (a) 1m. The Because of the birth of the employee's natural biological child, if the leave begins is taken to care for the child and the leave ends within 16 weeks of 12 months after the child's birth.

SB8, s. 30 Section 30. 103.10 (3) (b) 2. of the statutes is renumbered 103.10 (3) (a) 2m. and amended to read:

SB8,15,2 103.10 (3) (a) 2m. The Because of the placement of a child with the employee for adoption or as a precondition to adoption under s. 48.90 (2), but not both, or for foster care, if the leave begins ends within 16 weeks of 12 months after the child's placement.

SB8, s. 31 Section 31. 103.10 (3) (b) 3. of the statutes is renumbered 103.10 (3) (a) 3m.

SB8, s. 32 Section 32. 103.10 (3) (c) of the statutes is repealed.

SB8, s. 33 Section 33. 103.10 (3) (cm) of the statutes is created to read:

SB8,15,10 103.10 (3) (cm) 1. If a husband and wife are entitled to leave under par. (a) and are employed by the same employer, the employer may limit the aggregate number of weeks of leave that the husband and wife may take for the birth or placement of a child under par. (a) 1m. or 2m. or to care for a parent who has a serious health condition under par. (a) 3m. to 12 weeks during any 12-month period.

SB8,15,17 2. If a husband and wife are entitled to leave under par. (am) and are employed by the same employer, the employer may limit the aggregate number of weeks of leave that the husband and wife may take under par. (am), or under par. (am) and under par. (a) for the reasons specified in subd. 1. combined, to 26 weeks during the 12-month period in which the leave under par. (am) is taken. If the leave taken by a husband and wife includes leave under par. (a) for the reasons specified in subd. 1., the limitation under subd. 1. applies to that leave.

SB8, s. 34 Section 34. 103.10 (3) (d) of the statutes is repealed.

SB8, s. 35 Section 35. 103.10 (3) (dm) of the statutes is created to read:

SB8,16,4 103.10 (3) (dm) 1. An employee may not take leave under par. (a) 1m. or 2m. intermittently or on a reduced-leave schedule unless agreed to by the employer. Subject to subd. 2. and subs. (6) (b) and (7) (b) 5. or 7., whichever is applicable, an employee may take leave under par. (a) 3m. or 4. or (am) intermittently or on a reduced-leave schedule when medically necessary. Subject to sub. (6) (c) and (7) (f), an employee may take leave under par. (a) 5. intermittently or on a reduced-leave schedule. If an employee takes leave intermittently or on a reduced-leave schedule, the employee's employer may not reduce the amount of leave under par. (a) to which the employee is entitled by an amount that is beyond the amount of leave actually taken.

SB8,16,11 2. If an employee requests intermittent leave or leave on a reduced-work schedule under par. (a) 3m. or 4. or (am) that is foreseeable for planned medical treatment, the employer may require the employee to transfer temporarily to an alternative position offered by the employer for which the employee 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 employee's regular position does.

SB8, s. 36 Section 36. 103.10 (4) (title) of the statutes is repealed.

SB8, s. 37 Section 37. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (a) 4. and amended to read:

SB8,16,18 103.10 (3) (a) 4. Subject to pars. (b) and (c), an employee who has Because of a serious health condition which that makes the employee 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 duties the functions of the employee's position.

SB8, s. 38 Section 38. 103.10 (4) (b) of the statutes is repealed.

SB8, s. 39 Section 39. 103.10 (4) (c) of the statutes is repealed.

SB8, s. 40 Section 40. 103.10 (5) (a) of the statutes is amended to read:

SB8,16,24 103.10 (5) (a) This Except as provided in pars. (b) to (d), this section does not entitle an employee to receive wages or salary while taking family leave or medical leave under sub. (3) (a) or (am).

SB8, s. 41 Section 41. 103.10 (5) (b) of the statutes is amended to read:

SB8,17,5 103.10 (5) (b) An employee may elect, or an employer may require an employee, 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) 1m., 2m., 3m., or 5., any paid vacation leave, paid personal leave, or paid family leave provided by the employer that the employee has accrued.

SB8, s. 42 Section 42. 103.10 (5) (c) of the statutes is created to read: