AB366: Bill Text

AB366,10,7 108.04 (5) (a) A violation by an employee of an employer's reasonable written policy concerning the illegal use of a controlled substance or controlled substance analog, or the consumption of alcohol beverages, if the policy is uniformly applied to all employees of the employer and the employee had knowledge of the employer's policy, and if the employee:

AB366,10,11 1. Admitted to the use of a controlled substance or controlled substance analog or tested positive for the use of a controlled substance or controlled substance analog in a test used by the employer in accordance with a testing methodology approved by the department; or

AB366,10,13 2. Consumed alcohol beverages or was under the influence of alcohol beverages during working hours.

AB366,10,15 (b) Theft of an employer's property or services with intent to deprive the employer of the property or services permanently, or theft of currency of any value.

AB366,10,18 (c) Conviction of an employee of a crime, while on or off duty, if the conviction makes it impossible for the employee to perform the duties that the employee performs for the employer.

AB366,10,24 (d) Unless directed by the employer, a willful and deliberate violation of a written or uniformly applied standard or regulation of the federal government or a state or local government by an employee of an employer that is licensed or certified by a governmental agency, which standard or regulation has been communicated by the employer to the employee and which violation would cause the employer to be fined or to have its license or certification suspended by the agency.

AB366,12 Section 12. 108.04 (5) (e) to (g) of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,13 Section 13. 108.04 (5g) of the statutes, as affected by 2013 Wisconsin Act 20, is repealed and recreated to read:

AB366,11,15 108.04 (5g) Discharge for failure to notify an employer of absenteeism or tardiness. (a) If an employee is discharged for failing to notify his or her employer of absenteeism or tardiness that becomes excessive, and the employer has complied with the requirements of par. (d) with respect to that employee, the employee is ineligible to receive benefits until 6 weeks have elapsed since the end of the week in which the discharge occurs and the employee earns wages after the week in which the discharge occurs equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in employment covered by the unemployment insurance law of any state or the federal government. For purposes of requalification, the employee's weekly benefit rate shall be the rate that would have been paid had the discharge not occurred.

AB366,11,18 (b) For purposes of this subsection, tardiness becomes excessive if an employee is absent for 4 or more scheduled workdays in the 120-day period preceding the date of the discharge without providing adequate notice to his or her employer.

AB366,11,22 (c) For purposes of this subsection, absenteeism becomes excessive if an employee is absent for 2 or more scheduled workdays in the 120-day period preceding the date of the discharge without providing adequate notice to his or her employer.

AB366,11,24 (d) 1. The requalifying requirements of par. (a) apply only if the employer has a written policy on notification of tardiness or absences that:

AB366,11,25 a. Defines what constitutes a single occurrence of tardiness or absenteeism.

AB366,12,4 b. Describes the process for providing adequate notice of tardiness or absence and, with respect to tardiness, gives the employee a reasonable amount of time to provide notice including, at a minimum, the opportunity to provide that notice as soon as practically possible; and

AB366,12,6 c. Notifies the employee that failure to provide adequate notice of an absence or tardiness may lead to a discharge.

AB366,12,9 2. The employer shall provide a copy of the written policy under subd. 1. to each employee and shall have written evidence that the employee received a copy of the policy.

AB366,12,12 3. The employer must have given the employee at least one warning concerning the employee's violation of the employer's written policy under subd. 1. within the 120-day period preceding the date of the discharge.

AB366,12,14 4. The employee must apply the written policy under subd. 1. uniformly to all employees of the employer.

AB366,12,18 (e) The department shall charge to the fund's balancing account the cost of any benefits paid to an employee that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18 if the employee is discharged by that employer and par. (a) applies.

AB366,12,20 (em) If an employee is not disqualified under this subsection, the employee may nevertheless be subject to disqualification under sub. (5).

AB366,14 Section 14. 108.04 (7) (d), (g), (j), (k), (n), (o) and (r) of the statutes are created to read:

AB366,12,25 108.04 (7) (d) Paragraph (a) does not apply if the department determines that the employee terminated his or her work to accept a recall to work for a former employer within 52 weeks after having last worked for such employer.

AB366,13,2 (g) Paragraph (a) does not affect an employee's eligibility to receive benefits if the employee:

AB366,13,3 1. Maintained a temporary residence near the work terminated; and

AB366,13,4 2. Maintained a permanent residence in another locality; and

AB366,13,7 3. Terminated such work and returned to his or her permanent residence because the work available to the employee had been reduced to less than 20 hours per week in at least 2 consecutive weeks.

AB366,13,10 (j) Paragraph (a) does not apply if the department determines that the employee left or lost his or her work because of reaching the compulsory retirement age used by the employee's employing unit.

AB366,13,15 (k) Paragraph (a) does not apply to an employee who terminates his or her part-time work if the employee is otherwise eligible to receive benefits because of the loss of the employee's full-time employment and the loss of the full-time employment makes it economically unfeasible for the employee to continue the part-time work.

AB366,13,16 (n) Paragraph (a) does not apply to an employee who:

AB366,13,18 1. Terminated work in a position serving as a part-time elected or appointed member of a governmental body or representative of employees;

AB366,13,21 2. Was engaged in work for an employing unit other than the employing unit in which the employee served under subd. 1. at the time that the employee terminated work under subd. 1.; and

AB366,13,23 3. Was paid wages in the terminated work constituting not more than 5 percent of the employee's base period wages for purposes of benefit entitlement.

AB366,14,2 (o) Paragraph (a) does not apply to an employee who terminates his or her work in one of 2 or more concurrently held positions, at least one of which is full-time work, if the employee terminates his or her work before receiving notice of termination from a position that is full-time work.

AB366,14,13 (r) Paragraph (a) does not apply if the department determines that the employee owns or controls, directly or indirectly, an ownership interest, however designated or evidenced, in a family corporation and the employee's employment was terminated by the employer because of an involuntary cessation of the business of the corporation under one or more of the conditions specified in sub. (1) (gm). In this paragraph, "family corporation" has the meaning given in s. 108.02 (15m) and includes a corporation or a limited liability company that is treated as a corporation under this chapter in which 50 percent or more of the ownership interest is or was owned or controlled, directly or indirectly, by one or more brothers or sisters of a claimant, or by a combination of one or more brothers or sisters and one or more of the persons specified in s. 108.02 (15m) (a).

AB366,15 Section 15. 108.04 (7) (h) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB366,14,20 108.04 (7) (h) The department shall charge to the fund's balancing account benefits paid to an employee that are otherwise chargeable to the account of an employer that is subject to the contribution requirements of ss. 108.17 and 108.18 if the employee voluntarily terminates employment with that employer and par. (a), (c), (d), (e), (k), (L), (o), (q), (s), or (t) applies.

AB366,16 Section 16. 108.04 (7) (t) of the statutes, as affected by 2013 Wisconsin Act 20, is repealed and recreated to read:

AB366,15,2 108.04 (7) (t) Paragraph (a) does not apply if the department determines that the employee's spouse changed his or her place of employment to a place to which it is impractical to commute and the employee terminated his or her work to accompany the spouse to that place.

AB366,17 Section 17. 108.14 (8n) (e) of the statutes, as affected by 2013 Wisconsin Acts 20 and 36, is amended to read:

AB366,15,18 108.14 (8n) (e) The department shall charge this state's share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r), or (5) (b) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The department shall also charge the fund's balancing account with any other state's share of such benefits pending reimbursement by that state.

AB366,18 Section 18. 108.141 (7) (a) of the statutes, as affected by 2013 Wisconsin Acts 20 and 36, is amended to read:

AB366,16,2 108.141 (7) (a) The department shall charge the state's share of each week of extended benefits to each employer's account in proportion to the employer's share of the total wages of the employee receiving the benefits in the employee's base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (7) (a), (c), (d), (e), (k), (L), (o), (q), (s), or (t), (7m) or (8) (a) or 108.07 (3), (3r), or (5) (b) applies to the fund's balancing account.

AB366,19 Section 19. 108.16 (13) of the statutes, as created by 2013 Wisconsin Act 20, is repealed.

AB366,20 Section 20. 108.18 (4) (figure) Schedule A line 23. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

Figure 108.18 (4):

Schedule A - See PDF for table

- See PDF for table

AB366,21 Section 21. 108.18 (4) (figure) Schedule A lines 24. to 26. of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,22 Section 22. 108.18 (4) (figure) Schedule B line 23. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

Figure 108.18 (4):

Schedule B - See PDF for table

- See PDF for table

AB366,23 Section 23. 108.18 (4) (figure) Schedule B lines 24. to 26. of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,24 Section 24. 108.18 (4) (figure) Schedule C line 23. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

Figure 108.18 (4):

Schedule C - See PDF for table

- See PDF for table

AB366,25 Section 25. 108.18 (4) (figure) Schedule C lines 24. to 26. of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,26 Section 26. 108.18 (4) (figure) Schedule D line 23. of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

Figure 108.18 (4):

Schedule D - See PDF for table

- See PDF for table

AB366,27 Section 27. 108.18 (4) (figure) Schedule D lines 24. to 26. of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,28 Section 28. 108.18 (9) (figure) Schedule A lines 25 to 27 of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,29 Section 29. 108.18 (9) (figure) Schedule B lines 25 to 27 of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,30 Section 30. 108.18 (9) (figure) Schedule C lines 25 to 27 of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,31 Section 31. 108.18 (9) (figure) Schedule D lines 25 to 27 of the statutes, as created by 2013 Wisconsin Act 20, are repealed.

AB366,32 Section 32. Initial applicability.

AB366,18,5 (1) Interfund transfer authority. The treatment of sections 16.531 (4), 20.002 (11) (a), (b), 1. and 3m., (c), and (d) (intro.) and 108.16 (13) of the statutes first applies with respect to authorization to make transfers on the effective date of this subsection.

AB366,18,11 (2) Misconduct and substantial fault. The treatment of sections 108.04 (5) (a) to (d) and (e) to (g) and (5g) of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on January 5, 2014, or the first Sunday after publication, whichever is later, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on January 5, 2014, or the first Sunday after publication, whichever is later.

AB366,18,17 (3) Temporary help companies. The treatment of section 108.04 (2) (i) of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on the first Sunday of the 7th month beginning after the effective date of this subsection, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on the first Sunday of the 7th month beginning after the effective date of this subsection.

AB366,18,24 (4) Voluntary termination of work. The treatment of sections 108.02 (15m) (intro.), 108.04 (7) (d), (g), (h), (j), (k), (n), (o), (r), and (t), 108.14 (8n) (e), and 108.141 (7) (a) of the statutes first applies with respect to determinations issued under section 108.09 of the statutes on the first Sunday of the 7th month beginning after the effective date of this subsection, or, with respect to determinations that are appealed, to decisions issued under section 108.09 of the statutes on the first Sunday of the 7th month beginning after the effective date of this subsection.

AB366,19,3 (5) Registration and work search actions. The treatment of sections 108.04 (2) (a) 2. and 3. (intro.) of the statutes first applies with respect to weeks of unemployment beginning after the effective date of this subsection.

AB366,19,8 (6) Contribution and solvency rates. The treatment of section 108.18 (4) (figure) Schedule A lines 23. to 26., Schedule B lines 23. to 26., Schedule C lines 23. to 26., and Schedule D lines 23. to 26. and (9) (figure) Schedule A lines 25 to 27, Schedule B lines 25 to 27, Schedule C lines 25 to 27, and Schedule D lines 25 to 27 of the statutes first applies with respect to payrolls beginning on January 1, 2016.

AB366,33 Section 33. Effective dates. This act takes effect on the day after publication, except as follows:

AB366,19,13 (1) Interfund transfer authority. The treatment of sections 16.531 (4), 20.002 (11) (a), (b) 1. and 3m., (c) and (d) (intro.), and 108.16 (13) of the statutes takes effect on January 1, 2014, or the day after publication, whichever is later.

AB366,19,16 (2) Misconduct and substantial fault. The treatment of sections 108.04 (5) (a) to (d) and (e) to (g) and 108.04 (5g) of the statutes takes effect on January 5, 2014, or the first Sunday after publication, whichever is later.

AB366,19,17 (End)