SB8,13,2321
103.10
(3) (a) (intro.) In a 12-month period
no an employee may take
more than
226 12 weeks of
family leave
under par. (b) 1. and 2. for any one or more of the following
23reasons:
SB8, s. 24
24Section
24. 103.10 (3) (a) 2. of the statutes is repealed.
SB8, s. 25
25Section
25. 103.10 (3) (a) 3. of the statutes is repealed.
SB8, s. 26
1Section
26. 103.10 (3) (a) 5. of the statutes is created to read:
SB8,14,52
103.10
(3) (a) 5. Because of any qualifying exigency, as determined by the
3department by rule, arising out of the fact that the spouse, child, domestic partner,
4or parent of the employee is on covered active duty or has been notified of an
5impending call or order to covered active duty.
SB8, s. 27
6Section
27. 103.10 (3) (am) of the statutes is created to read:
SB8,14,147
103.10
(3) (am) In a 12-month period an employee who is the spouse, child,
8parent, domestic partner, or next of kin of a covered service member may take 26
9weeks of leave to care for the covered service member. Leave under this paragraph
10may be taken only during a single 12-month period. In a 12-month period in which
11leave is taken under this paragraph, an employee may take a combined total of 26
12weeks of leave under this paragraph and par. (a). This paragraph does not limit the
13amount of leave that an employee may take under par. (a) in any other 12-month
14period.
SB8, s. 28
15Section
28. 103.10 (3) (b) (intro.) of the statutes is repealed.
SB8, s. 29
16Section
29. 103.10 (3) (b) 1. of the statutes is renumbered 103.10 (3) (a) 1m.
17and amended to read:
SB8,14,2018
103.10
(3) (a) 1m.
The Because of the birth of the employee's
natural biological 19child, if the leave
begins is taken to care for the child and the leave ends within
16
20weeks of 12 months after the child's birth.
SB8, s. 30
21Section
30. 103.10 (3) (b) 2. of the statutes is renumbered 103.10 (3) (a) 2m.
22and amended to read:
SB8,15,223
103.10
(3) (a) 2m.
The Because of the placement of a child with the employee
24for adoption or as a precondition to adoption under s. 48.90 (2), but not both,
or for
1foster care, if the leave
begins ends within
16 weeks of 12 months after the child's
2placement.
SB8, s. 31
3Section
31. 103.10 (3) (b) 3. of the statutes is renumbered 103.10 (3) (a) 3m.
SB8, s. 32
4Section
32. 103.10 (3) (c) of the statutes is repealed.
SB8, s. 33
5Section
33. 103.10 (3) (cm) of the statutes is created to read:
SB8,15,106
103.10
(3) (cm) 1. If a husband and wife are entitled to leave under par. (a) and
7are employed by the same employer, the employer may limit the aggregate number
8of weeks of leave that the husband and wife may take for the birth or placement of
9a child under par. (a) 1m. or 2m. or to care for a parent who has a serious health
10condition under par. (a) 3m. to 12 weeks during any 12-month period.
SB8,15,1711
2. If a husband and wife are entitled to leave under par. (am) and are employed
12by the same employer, the employer may limit the aggregate number of weeks of
13leave that the husband and wife may take under par. (am), or under par. (am) and
14under par. (a) for the reasons specified in subd. 1. combined, to 26 weeks during the
1512-month period in which the leave under par. (am) is taken. If the leave taken by
16a husband and wife includes leave under par. (a) for the reasons specified in subd.
171., the limitation under subd. 1. applies to that leave.
SB8, s. 34
18Section
34. 103.10 (3) (d) of the statutes is repealed.
SB8, s. 35
19Section
35. 103.10 (3) (dm) of the statutes is created to read:
SB8,16,420
103.10
(3) (dm) 1. An employee may not take leave under par. (a) 1m. or 2m.
21intermittently or on a reduced-leave schedule unless agreed to by the employer.
22Subject to subd. 2. and subs. (6) (b) and (7) (b) 5. or 7., whichever is applicable, an
23employee may take leave under par. (a) 3m. or 4. or (am) intermittently or on a
24reduced-leave schedule when medically necessary. Subject to sub. (6) (c) and (7) (f),
25an employee may take leave under par. (a) 5. intermittently or on a reduced-leave
1schedule. If an employee takes leave intermittently or on a reduced-leave schedule,
2the employee's employer may not reduce the amount of leave under par. (a) to which
3the employee is entitled by an amount that is beyond the amount of leave actually
4taken.
SB8,16,115
2. If an employee requests intermittent leave or leave on a reduced-work
6schedule under par. (a) 3m. or 4. or (am) that is foreseeable for planned medical
7treatment, the employer may require the employee to transfer temporarily to an
8alternative position offered by the employer for which the employee is qualified if
9that alternative position has equivalent pay and employment benefits and if that
10alternative position accommodates intermittent periods of leave or leave on a
11reduced-leave schedule better than the employee's regular position does.
SB8, s. 36
12Section
36. 103.10 (4) (title) of the statutes is repealed.
SB8, s. 37
13Section
37. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (a) 4. and
14amended to read:
SB8,16,1815
103.10
(3) (a) 4.
Subject to pars. (b) and (c), an employee who has Because of 16a serious health condition
which that makes the employee unable to perform
his or
17her employment duties may take medical leave for the period during which he or she
18is unable to perform those duties the functions of the employee's position.
SB8, s. 38
19Section
38. 103.10 (4) (b) of the statutes is repealed.
SB8, s. 39
20Section
39. 103.10 (4) (c) of the statutes is repealed.
SB8, s. 40
21Section
40. 103.10 (5) (a) of the statutes is amended to read:
SB8,16,2422
103.10
(5) (a)
This Except as provided in pars. (b) to (d), this section does not
23entitle an employee to receive wages or salary while taking
family leave or medical 24leave
under sub. (3) (a) or (am).
SB8, s. 41
25Section
41. 103.10 (5) (b) of the statutes is amended to read:
SB8,17,5
1103.10
(5) (b) An employee may
elect, or an employer may require an employee,
2to substitute,
for portions of family leave or medical leave, paid or unpaid leave of any
3other type for any part of the leave provided under sub. (3) (a) 1m., 2m., 3m., or 5.,
4any paid vacation leave, paid personal leave, or paid family leave provided by the
5employer
that the employee has accrued.
SB8, s. 42
6Section
42. 103.10 (5) (c) of the statutes is created to read:
SB8,17,127
103.10
(5) (c) An employee may elect, or an employer may require an employee,
8to substitute, for any part of the leave provided under sub. (3) (a) 3m. or 4., any paid
9vacation leave, paid personal leave, or paid sick leave provided by the employer that
10the employee has accrued, except that an employer is not required to provide paid
11sick leave in any situation in which the employer would not normally provide paid
12sick leave.
SB8, s. 43
13Section
43. 103.10 (5) (d) of the statutes is created to read:
SB8,17,1914
103.10
(5) (d) An employee may elect, or an employer may require an employee,
15to substitute, for any part of the leave provided under sub. (3) (am), any paid vacation
16leave, paid personal leave, paid family leave, or paid sick leave provided by the
17employer that the employee has accrued, except that an employer is not required to
18provide paid sick leave in any situation in which the employer would not normally
19provide paid sick leave.
SB8, s. 44
20Section
44. 103.10 (6) (a) of the statutes is amended to read:
SB8,18,321
103.10
(6) (a) If an employee intends to take
family leave
for the reasons in 22under sub. (3)
(b) 1. or 2. (a) 1m. or 2m. that is foreseeable because of the expected
23birth or placement of a child, the employee shall
, in a reasonable and practicable
24manner, give the employer
advance notice of the
expected birth or placement 25employee's intention to take that leave not less than 30 days before the date on which
1the leave is to begin, except that, if the date of the birth or placement requires the
2leave to begin in less than 30 days, the employee shall provide that notice to the
3employer in a reasonable and practicable manner.
SB8, s. 45
4Section
45. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB8,18,105
103.10
(6) (b) (intro.) If an employee intends to take
family leave
under sub.
6(3) (a) 3m. or 4. or (am) that is foreseeable because of the planned medical treatment
7or supervision of
the employee or of a child, spouse, domestic partner,
or parent
, or
8intends to take medical leave because of the planned medical treatment or
9supervision covered service member of the employee, the employee shall do all of the
10following:
SB8, s. 46
11Section
46. 103.10 (6) (b) 1. of the statutes is amended to read:
SB8,18,1512
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
13or supervision so that it does not unduly disrupt the employer's operations, subject
14to the approval of the health care provider of the child, spouse, domestic partner,
15parent,
covered service member, or employee.
SB8, s. 47
16Section
47. 103.10 (6) (b) 2. of the statutes is amended to read:
SB8,18,2117
103.10
(6) (b) 2. Give the employer
advance notice of the
medical treatment or
18supervision employee's intention to take that leave not less than 30 days before the
19leave is to begin, except that, if the date of the treatment requires the leave to begin
20in less than 30 days, the employee shall provide that notice to the employer in a
21reasonable and practicable manner.
SB8, s. 48
22Section
48. 103.10 (6) (c) of the statutes is created to read:
SB8,19,223
103.10
(6) (c) If the employee intends to take leave under sub. (3) (a) 5., that
24is foreseeable because the spouse, child, domestic partner, or parent of the employee
25is on covered active duty or has been notified of an impending call or order to covered
1active duty, the employee shall provide notice of that intention to the employer in a
2reasonable and practicable manner.
SB8, s. 49
3Section
49. 103.10 (7) (a) of the statutes is amended to read:
SB8,19,104
103.10
(7) (a) If an employee requests
family leave
for a reason described in 5under sub. (3)
(b) 3. or requests medical leave (a) 3m. or 4. or (am), the employer may
6require the employee to provide certification, as described in par. (b), issued by the
7health care provider or Christian Science practitioner of the child, spouse, domestic
8partner, parent,
covered service member, or employee, whichever is appropriate
, and
9the employee shall provide a copy of that certification to the employer in a timely
10manner.
SB8, s. 50
11Section
50. 103.10 (7) (b) 3m. of the statutes is created to read:
SB8,19,1512
103.10
(7) (b) 3m. If the employee requests leave under sub. (3) (a) 3m., a
13statement that the employee is needed to care for a child, spouse, domestic partner,
14or parent who has a serious health condition and an estimate of the amount of time
15that the employee is needed to care for the child, spouse, domestic partner, or parent.
SB8, s. 51
16Section
51. 103.10 (7) (b) 4. of the statutes is amended to read:
SB8,19,1917
103.10
(7) (b) 4. If the employee requests
medical leave
, an explanation of the
18extent to which under sub. (3) (a) 4., a statement that the employee is unable to
19perform
his or her employment duties the functions of the employee's position.
SB8, s. 52
20Section
52. 103.10 (7) (b) 5. of the statutes is created to read:
SB8,19,2421
103.10
(7) (b) 5. If the employee requests intermittent leave or leave on a
22reduced-leave schedule under sub. (3) (a) 3m. or 4. for planned medical treatment,
23the dates on which that treatment is expected to be given and the duration of that
24treatment.
SB8, s. 53
25Section
53. 103.10 (7) (b) 6. of the statutes is created to read:
SB8,20,6
1103.10
(7) (b) 6. If the employee requests intermittent leave or leave on a
2reduced-leave schedule under sub. (3) (a) 3m., a statement that the intermittent
3leave or leave on a reduced-leave schedule is necessary for the care of a child, spouse,
4domestic partner, or parent who has a serious health condition or will assist in the
5recovery of the child, spouse, domestic partner, or parent, and the expected duration
6and schedule of the intermittent leave or leave on a reduced-leave schedule.
SB8, s. 54
7Section
54. 103.10 (7) (b) 7. of the statutes is created to read:
SB8,20,118
103.10
(7) (b) 7. If the employee requests intermittent leave or leave on a
9reduced-leave schedule under sub. (3) (a) 4., a statement of the medical necessity for
10the intermittent leave or leave on a reduced-leave schedule, and the expected
11duration of the intermittent leave or leave on a reduced-leave schedule.
SB8, s. 55
12Section
55. 103.10 (7) (c) of the statutes is amended to read:
SB8,20,1913
103.10
(7) (c)
The If the employer has reason to doubt the validity of a
14certification provided under par. (a) for leave under sub. (3) (a) 3m. or 4., the employer
15may require the employee to obtain the opinion of a 2nd health care provider
, chosen
16or Christian Science practitioner, designated or approved and paid for by the
17employer, concerning any information certified under par. (b).
A health care provider
18or Christian Science practitioner designated or approved under this paragraph may
19not be employed on a regular basis by the employer.
SB8, s. 56
20Section
56. 103.10 (7) (d) of the statutes is created to read:
SB8,21,221
103.10
(7) (d) If a 2nd opinion obtained under par. (c) differs from the opinion
22in the certification provided under par. (a), the employer may require the employee
23to obtain the opinion of a 3rd health care provider or Christian Science practitioner,
24designated or approved by the employer and employee jointly and paid for by the
25employer, concerning any information certified under par. (b). The employer and
1employee shall accept the 3rd opinion obtained under this paragraph as final and
2binding upon them.
SB8, s. 57
3Section
57. 103.10 (7) (e) of the statutes is created to read:
SB8,21,54
103.10
(7) (e) The employer may require that an employee obtain
5recertifications after the original certification under par. (b) on a reasonable basis.
SB8, s. 58
6Section
58. 103.10 (7) (f) of the statutes is created to read:
SB8,21,127
103.10
(7) (f) If an employee requests leave under sub. (3) (a) 5., the employer
8may require the employee to provide certification that the spouse, child, domestic
9partner, or parent of the employee is on covered active duty or has been notified of
10an impending call or order to covered active duty issued at such time and in such
11manner as the department may prescribe by rule, and the employee shall provide a
12copy of that certification to the employer in a timely manner.
SB8, s. 59
13Section
59. 103.10 (8) (a) (intro.) of the statutes is amended to read:
SB8,21,1814
103.10
(8) (a) (intro.)
Subject to
Except as provided in par.
(c) (e), when an
15employee
returns from family leave or medical leave
who takes leave under sub. (3)
16(a) or (am) for the purpose for which that leave is intended returns from that leave,
17his or her employer shall immediately place the employee in an employment position
18as follows:
SB8, s. 60
19Section
60. 103.10 (8) (a) 1. of the statutes is amended to read:
SB8,21,2220
103.10
(8) (a) 1.
If In the employment position
which that the employee held
21immediately before when the
family leave or medical leave began
is vacant when the
22employee returns, in that position.
SB8, s. 61
23Section
61. 103.10 (8) (a) 2. of the statutes is amended to read:
SB8,22,324
103.10
(8) (a) 2.
If the employment position which the employee held
25immediately before the family leave or medical leave began is not vacant when the
1employee returns, in In an equivalent employment position having equivalent
2compensation,
employment benefits,
working shift, hours of employment and other
3terms and conditions of employment.
SB8, s. 62
4Section
62. 103.10 (8) (b) of the statutes is amended to read:
SB8,22,85
103.10
(8) (b) No employer may, because an employee received
family leave or
6medical leave
under sub. (3) (a) or (am), reduce or deny an employment benefit
which 7that accrued to the employee before
his or her the leave began
or, consistent with sub.
8(9), accrued after his or her leave began.
SB8, s. 63
9Section
63. 103.10 (8) (c) of the statutes is repealed.
SB8, s. 64
10Section
64. 103.10 (8) (d) of the statutes is created to read:
SB8,22,1311
103.10
(8) (d) An employer may require an employee who is on leave under sub.
12(3) (a) or (am) to report periodically to the employer on the employee's status and
13intention of returning to work.
SB8, s. 65
14Section
65. 103.10 (8) (e) of the statutes is created to read:
SB8,22,2015
103.10
(8) (e) Subject to any collective bargaining agreement that governs the
16return to work of an employee who has taken leave under sub. (3) (a) 4., an employer
17may adopt a uniformly applied practice or policy that requires an employee who is
18returning from leave under sub. (3) (a) 4. to obtain a certification from the employee's
19health care provider or Christian Science practitioner that the employee is able to
20return to work.
SB8, s. 66
21Section
66. 103.10 (8) (f) of the statutes is created to read:
SB8,22,2422
103.10
(8) (f) An employer may deny placement in an employment position
23described in par. (a) 1. and 2. to an employee who returns from leave under sub. (3)
24(a) or (am) if all of the following apply:
SB8,23,3
11. The employee is a salaried employe who before the leave was among the
2highest-paid 10 percent of the employees employed by the employer within 75 miles
3of the worksite at which the employee is employed.
SB8,23,54
2. That denial is necessary to prevent substantial and grievous economic injury
5to the operations of the employer.
SB8,23,86
3. The employer notifies the employee of the employer's intent to deny that
7placement based on the conditions specified in subds. 1. and 2. at the time the
8employer determines that the injury described in subd. 2. would occur.
SB8,23,109
4. In the case of an employee who receives the notice under subd. 3. after the
10leave has begun, the employee elects not to return to employment with the employer.
SB8, s. 67
11Section
67. 103.10 (9) (a) of the statutes is amended to read:
SB8,23,1612
103.10
(9) (a) Except as provided in par. (b), nothing in this section entitles
a
13returning an employee to a right, employment benefit
, or employment position to
14which the employee would not have been entitled had he or she not taken
family
15leave or medical leave
under sub. (3) (a) or (am) or to the accrual of any seniority or
16employment benefit during a period of
family leave or medical such leave.
SB8, s. 68
17Section
68. 103.10 (9) (b) of the statutes is amended to read:
SB8,24,218
103.10
(9) (b) Subject to par. (c), during a period
that an employee takes
family
19leave or medical leave
under sub. (3) (a) or (am), his or her employer shall maintain
20group health insurance coverage
at the level and under the conditions that
applied
21immediately before the family leave or medical leave began. If the employee
22continues making any contribution required for participation in the group health
23insurance plan, the employer shall continue making group health insurance
24premium contributions as if the employee had not taken the family leave or medical
1the employer would have provided coverage if the employee had continued in
2employment continuously during that leave.
SB8, s. 69
3Section
69. 103.10 (9) (c) of the statutes is repealed and recreated to read:
SB8,24,114
103.10
(9) (c) An employer may recover from an employee the premium paid
5by the employer to maintain group health insurance coverage for the employee
6during a period of unpaid leave under sub. (3) (a) or (am) if the employee fails to
7return from that leave after the period of leave to which the employee is entitled has
8expired for a reason other than the continuation, recurrence, or onset of a serious
9health condition that entitles the employee to leave under sub. (3) (a) 3m. or 4. or of
10a serious injury or illness that entitles the employee to leave under sub. (3) (am) or
11other circumstances beyond the control of the employee.