2013 - 2014 LEGISLATURE
March 31, 2014 - Introduced by Representatives Mason, Sargent, Johnson,
Genrich, Kahl, Kolste, Barnes, Hesselbein, Ohnstad, Shankland, Goyke,
Berceau, Zepnick, Sinicki, Hebl, Zamarripa, C. Taylor, Pasch, Young and
Riemer, cosponsored by Senators Harris, Miller, L. Taylor, Erpenbach,
Hansen and Risser. Referred to Committee on Labor.
1An Act to amend
38.28 (5), 50.05 (7) (h), 111.322 (2m) (a), 111.322 (2m) (b), 111.91 2
(2) (f), 230.26 (4), 230.35 (2), 230.35 (2m), 230.45 (1m) and 253.10 (3) (d) 1.; and 3to create
103.11 of the statutes; relating to: paid sick leave.
Analysis by the Legislative Reference Bureau
Family and medical leave. Under current law, an employer, including the
state, that employs at least 50 individuals on a permanent basis 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 weeks 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.
Paid sick leave. This bill requires an employer, including the state, that
employs at least one individual full-time or part-time on a permanent or temporary
basis to provide an employee who has been employed by the employer for at least 90
consecutive calendar days with paid sick leave at the employee's regular rate of pay
that the employee may use for any of the following reasons:
1. Because the employee has a physical or mental illness, injury, impairment,
or condition (health condition); is in need of medical diagnosis, care, or treatment of
a health condition; or is in need of preventive medical care.
2. To care for a family member who has a health condition; who is in need of
medical diagnosis, care, or treatment of a health condition; or who is in need of
preventive medical care. The bill defines "family member" as a spouse or domestic
partner of the employee; a parent, child, sibling, including a foster sibling,
brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an
employee or of an employee's spouse or domestic partner; or any other person who
is related by blood, marriage, or adoption to an employee or to an employee's spouse
or domestic partner and whose close association with the employee, spouse, or
domestic partner makes the person the equivalent of a family member of the
employee, spouse, or domestic partner.
3. Because the employee's absence from work is necessary in order for the
employee to do any of the following:
a. Seek medical attention or obtain psychological or other counseling for the
employee or a family member to recover from any health condition caused by
domestic abuse, sexual abuse, or stalking.
b. Obtain services for the employee or a family member from an organization
that provides services to victims of domestic abuse, sexual abuse, or stalking.
c. Relocate the residence of the employee or of a family member due to domestic
abuse, sexual abuse, or stalking.
d. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or
criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.
Accrual of paid sick leave. Under the bill, an employee accrues paid sick
leave beginning on the first day of employment at the rate of one hour for each 30
hours worked, subject to a maximum of 72 hours of accrued paid sick leave in a
calendar year, except that if the employee is employed by an employer that employs
fewer than an average of ten employees per week on a permanent or temporary basis
during the preceding calendar year (small business), the employee may accrue a
maximum of 40 hours of paid sick leave in a calendar year. Paid sick leave accrued
carries over from year to year, but an employee may use no more than 72 hours of paid
sick leave in a calendar year or, if the employee is employed by a small business, the
employee may use no more than 40 hours of paid sick leave in a calendar year. An
employee's unused balance of paid sick leave is reduced by one hour for each hour or
portion of an hour of paid sick leave used by the employee and has no cash value on
termination of employment.
Employee rights. Under the bill, an employee has all of the following rights:
1) the right to accrue and use paid sick leave as provided under the bill; 2) the right
not to be subjected to any act prohibited under the bill; 3) the right to file a complaint
with the Department of Workforce Development (DWD) for a violation of the bill and
to inform any person about an alleged violation of the bill; and 4) the right to inform
any person about any of the rights provided under the bill.
Prohibited acts. The bill prohibits all of the following:
1. Interfering with, restraining, or denying the exercise of any of the rights
provided under the bill.
2. Requiring, as a condition of using paid sick leave, that an employee search
for or find a substitute employee to replace the employee while the employee is on
paid sick leave.
3. Imposing unreasonable barriers to the use of paid sick leave or requiring, as
a condition of using paid sick leave, that an employee provide unreasonable
documentation of the health condition of the employee or family member, disclose the
details of that health condition, or disclose any information about the domestic
abuse, sexual abuse, or stalking that necessitated the employee's absence from work.
If an employer obtains any information about that health condition or that domestic
abuse, sexual abuse, or stalking, the employer must keep that information
confidential and may not disclose that information except to the employee or to other
persons with the consent of the employee.
4. Treating paid sick leave used under the bill as an absence from work that
may lead to or result in an adverse employment action; treating the use of such paid
sick leave as a negative factor in hiring, evaluating, or promoting an employee; or
reducing or denying any benefit or privilege of employment because an employee
uses paid sick leave under the bill.
5. Discharging or in any other manner discriminating against any individual
for opposing a practice prohibited under the bill, for filing a complaint or attempting
to enforce any right provided under the bill, or for testifying or assisting in any action
or proceeding to enforce any right provided under the bill.
DWD may order any person who violates any of those prohibitions to take action
to remedy the violation, including providing the requested paid sick leave,
reinstating an employee, providing up to two years of back pay, and paying
reasonable actual attorney fees.
Notice and records. Finally, the bill requires each employer to provide notice
to its employees of the rights of employees under the bill. An employer may comply
with this requirement by: 1) providing each employee with a notice in a form
approved by DWD setting forth in English, Spanish, and Hmong the rights of
employees under the bill; and 2) posting, in one or more conspicuous places where
notices to employees are customarily posted, a notice in a form approved by DWD
setting forth in English, Spanish, and Hmong the rights of employees under the bill.
The bill also requires employers to keep full and accurate records of the number of
hours worked and paid sick leave used by their employees, to retain those records for
five years after the hours are worked or the paid sick leave is used, and to furnish
those records to DWD on request.
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:
38.28 (5) of the statutes is amended to read:
State aid shall not be paid to a district for any year, unless every 3
teacher, administrator, principal,
and supervisor employed by the district during 4
that year is under a contract providing for leave of absence by reason of sickness of 5
such person, without deduction from salary, for not less than 5 days per year or the
6leave accrued under s. 103.11 (3) (b), whichever is greater,
and for accumulation of 7
unused sick leave from year to year to a total of not less than 30 days. No allowance 8
may be paid for such absences from teaching or other educational services rendered 9
in evening school by any person employed at least 30 hours per week in day school. 10This subsection does not apply Section 103.11, rather than this subsection, applies 11
to a person employed by the district board for less than 30 hours per week.
50.05 (7) (h) of the statutes is amended to read:
(h) Shall have full power to direct and manage and to discharge 14
employees of the facility, subject to any contract rights they may have. The receiver 15
shall pay employees at the same rate of compensation, including benefits, that the 16
employees would have received from the operator, except that the receiver shall 17
compensate employees for time actually worked during the period of receivership 18
and may, subject to s. 103.11 (3),
reimburse for vacations or periods of sick leave. The 19
receiver may grant salary increases and fringe benefits to employees of a nursing 20
home, in accord with the facility payment formula under s. 49.45 (6m). Receivership 21
does not relieve the operator of any obligation to employees not carried out by the 22
103.11 of the statutes is created to read:
24103.11 Paid sick leave. (1) Definitions.
In this section:
(a) "Adverse employment action" means an action taken by an employer with 2
respect to an employee that has the effect, in whole or in part, of a penalty, including 3
dismissal or suspension from employment, demotion, denial of a promotion, 4
unfavorable transfer or reassignment, reduction in compensation, or denial of 5
(b) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward 7
to whom any of the following applies:
1. The individual is less than 18 years of age.
2. The individual is 18 years of age or older and cannot care for himself or 10
herself because of a health condition or is the victim of domestic abuse, sexual abuse, 11
(c) "Domestic abuse" has the meaning given in s. 968.075 (1) (a).
(d) "Employee" has the meaning given in s. 103.10 (1) (b).
(e) "Employer" means a person engaging in any activity, enterprise, or business 15
in this state employing one or more persons full-time or part-time on a permanent 16
or temporary basis. "Employer" includes the state and any office, department, 17
independent agency, authority, institution, association, society, or other body in state 18
government created or authorized to be created by the constitution or any law, 19
including the legislature and the courts.
(f) "Family member" means a spouse or domestic partner, as defined in s. 40.02 21
(21c) or 770.01 (1), of an employee; a parent, as defined in s. 103.10 (1) (f), child, 22
sibling, including a foster sibling, brother-in-law, sister-in-law, grandparent, 23
stepgrandparent, or grandchild of an employee or of an employee's spouse or 24
domestic partner; or any other person who is related by blood, marriage, or adoption 25
to an employee or to an employee's spouse or domestic partner and whose close
association with the employee, spouse, or domestic partner makes the person the 2
equivalent of a family member of the employee, spouse, or domestic partner.
(g) "Health condition" means a physical or mental illness, injury, impairment, 4
(h) "Regular work week" means an employee's regular work week as 6
established by his or her employer, except that for an employee who is exempt under 729 USC 213
(1) from the overtime compensation requirement of 29 USC 207
(a) (1) 8
and whose regular work week as established by his or her employer is not less than 9
a work week of 40 hours, "regular work week" means a work week of 40 hours.
(i) "Sexual abuse" means conduct that is in violation of s. 940.225, 944.30, 11
948.02, 948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that 12
is in violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
(j) "Small business" means an employer that during the preceding calendar 14
year employed fewer than an average of 10 employees per week on a permanent or 15
temporary basis, including both full-time and part-time employees and including 16
employees who are placed with, leased to, or otherwise provided to the employer by 17
a temporary help agency, as defined in s. 102.01 (2) (f), or by a professional employer 18
organization, as defined in s. 202.21 (5).