Feed for /2013/related/proposals/sb26 PDF
SB26, s. 3 13Section 3. 108.04 (2) (a) 1. of the statutes is amended to read:
SB26,3,1514 108.04 (2) (a) 1. The Except as provided in s. 108.062 (10), the individual is able
15to work and available for work during that week;
SB26, s. 4 16Section 4. 108.04 (2) (a) 2. of the statutes is amended to read:
SB26,4,2
1108.04 (2) (a) 2. As Except as provided in s. 108.062 (10m), as of that week, the
2individual has registered for work; and
SB26, s. 5 3Section 5. 108.04 (2) (a) 3. (intro.) of the statutes is amended to read:
SB26,4,134 108.04 (2) (a) 3. (intro.) The individual conducts a reasonable search for
5suitable work during that week, unless the search requirement is waived under par.
6(b) or s. 108.062 (10m). The search for suitable work must include 2 actions that
7constitute a reasonable search as prescribed by rule of the department. This
8subdivision does not apply to an individual if the department determines that the
9individual is currently laid off from employment with an employer but there is a
10reasonable expectation of reemployment of the individual by that employer. In
11determining whether the individual has a reasonable expectation of reemployment
12by an employer, the department shall request the employer to verify the individual's
13employment status and shall also consider other factors, including:
SB26, s. 6 14Section 6. 108.04 (2) (bm) of the statutes is amended to read:
SB26,4,1915 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
16which there is a determination that the claimant failed to conduct a reasonable
17search for suitable work and the department has not waived the search requirement
18under par. (b) or s. 108.062 (10m). If the department has paid benefits to a claimant
19for any such week, the department may recover the overpayment under s. 108.22 (8).
SB26, s. 7 20Section 7. 108.05 (1) (q) (intro.) of the statutes is amended to read
SB26,5,921 108.05 (1) (q) (intro.) Each Except as provided in s. 108.062 (6), each eligible
22employee shall be paid benefits for each week of total unemployment that
23commences on or after January 4, 2009, at the weekly benefit rate specified in this
24paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4 percent
25of the employee's base period wages that were paid during that quarter of the

1employee's base period in which the employee was paid the highest total wages,
2rounded down to the nearest whole dollar, except that, if that amount is less than the
3minimum amount shown in the following schedule, no benefits are payable to the
4employee and, if that amount is more than the maximum amount shown in the
5following schedule, the employee's weekly benefit rate shall be the maximum
6amount shown in the following schedule and except that, if the employee's benefits
7are exhausted during any week under s. 108.06 (1), the employee shall be paid the
8remaining amount of benefits payable to the employee in lieu of the amount shown
9in the following schedule: [See Figure 108.05 (1) (q) following]
SB26, s. 8 10Section 8. 108.05 (3) (a) of the statutes is amended to read:
SB26,5,2411 108.05 (3) (a) Except as provided in pars. (c), (d) and (dm) and s. 108.062, if an
12eligible employee earns wages in a given week, the first $30 of the wages shall be
13disregarded and the employee's applicable weekly benefit payment shall be reduced
14by 67% of the remaining amount, except that no such employee is eligible for benefits
15if the employee's benefit payment would be less than $5 for any week. For purposes
16of this paragraph, "wages" includes any salary reduction amounts earned that are
17not wages and that are deducted from the salary of a claimant by an employer
18pursuant to a salary reduction agreement under a cafeteria plan, within the meaning
19of 26 USC 125, and any amount that a claimant would have earned in available work
20under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes
21any amount that a claimant earns for services performed as a volunteer fire fighter,
22volunteer emergency medical technician, or volunteer first responder. In applying
23this paragraph, the department shall disregard discrepancies of less than $2
24between wages reported by employees and employers.
SB26, s. 9 25Section 9. 108.05 (3) (c) (intro.) of the statutes is amended to read:
SB26,6,4
1108.05 (3) (c) (intro.) A Except when otherwise authorized in an approved
2work-share program under s. 108.062, a
claimant is ineligible to receive any benefits
3for a week in which one or more of the following applies to the claimant for 32 or more
4hours in that week:
SB26, s. 10 5Section 10. 108.05 (3) (dm) (intro.) of the statutes is amended to read:
SB26,6,86 108.05 (3) (dm) (intro.) A Except when otherwise authorized in an approved
7work-share program under s. 108.062, a
claimant is ineligible to receive any benefits
8for a week if the claimant receives from one or more employers:
SB26, s. 11 9Section 11. 108.062 of the statutes is created to read:
SB26,6,11 10108.062 Work-share programs; benefit payments. (1) Definitions. In
11this section:
SB26,6,1612 (a) "Regular benefits" means benefits payable to an individual under this
13chapter or any other state law, including benefits payable to federal civilian
14employees and to former military personnel pursuant to 5 USC ch. 85, other than
15Wisconsin supplemental benefits, extended benefits, and additional benefits as
16defined in P.L. 91-373.
SB26,6,1917 (b) "Work-share program" means a program approved by the department
18under which the hours of work of employees in a work unit are reduced in lieu of a
19layoff of one or more employees in the work unit.
SB26,6,2220 (c) "Work unit" means an operational unit of employees designated by an
21employer for purposes of a work-share program, which may include more than one
22work site.
SB26,7,2 23(2) Elements of plan. Any employer may create a work-share program. Prior
24to implementing a work-share program, an employer shall submit a work-share
25plan for the approval of the department. In its submittal, the employer shall certify

1that its plan is in compliance with all requirements under this section. Each plan
2shall:
SB26,7,53 (a) Specify the work unit in which the plan will be implemented, the affected
4positions, and the names of the employees filling those positions on the date of
5submittal.
SB26,7,76 (b) Provide for inclusion of at least 10 percent of the employees in the affected
7work unit on the date of submittal.
SB26,7,98 (c) Provide for initial coverage under the plan of at least 20 positions that are
9filled on the effective date of the work-share program.
SB26,7,1110 (d) Specify the period when the plan will be in effect, which may not exceed 6
11months in any 5-year period within the same work unit.
SB26,7,1312 (e) Provide for apportionment of reduced working hours equitably among
13employees in the work-share program.
SB26,7,1514 (f) Exclude participation by employees who are employed on a regular
15part-time, seasonal, temporary, or intermittent basis.
SB26,7,1916 (g) Apply only to employees who have been engaged in employment with the
17employer for a period of at least 3 months on the effective date of the work-share
18program and who are regularly employed by the employer in that employment for
19an average of at least 32 hours per week during that period.
SB26,7,2420 (h) Specify the normal average hours per week worked by the employees in the
21work unit and the intended reduction or range of reduction in the average hours of
22work per week worked by the employees under the plan, which shall be at least 10
23percent but not more than 50 percent of the normal hours per work of the employees
24included under the plan.
SB26,8,3
1(i) Describe the manner in which requirements for maximum federal financial
2participation in the plan will be implemented, including a plan for giving notice,
3where feasible, to participating employees of changes in work schedules.
SB26,8,54 (j) Provide an estimate of the number of layoffs that would occur without
5implementation of the plan.
SB26,8,86 (k) Specify the effect on any fringe benefits provided by the employer to the
7employees who are included in the work-share program other than fringe benefits
8required by law.
SB26,8,109 (L) Include a statement affirming that the plan is in compliance with all
10employer obligations under applicable federal and state laws.
SB26,8,13 11(3) Approval of plans. The department shall approve a plan if the plan
12includes all of the elements specified in sub. (2). The approval is effective for the
13effective period of the plan.
SB26,8,20 14(4) Effective period. A work-share program becomes effective on the later of
15the Sunday of the 2nd week beginning after approval of a work-share plan under
16sub. (3) or any Sunday after that day specified in the plan. A work-share program
17ends on the earlier of the last Sunday that precedes the end of the 6-month period
18beginning on the effective date of the program or any Sunday before that day
19specified in the plan unless the program terminates on an earlier date under sub. (5),
20(14), or (15).
SB26,9,2 21(5) Revocation of approval. The department may revoke its approval of a
22work-share plan for good cause, including conduct that tends to defeat the purpose
23and effective operation of the plan, failure to comply with the requirements of this
24section or the work-share plan, or an unreasonable change to the productivity
25standards of the employees included under the work-share program. Any revocation

1is effective on the Sunday of the 2nd week beginning after revocation of approval of
2the plan under this subsection.
SB26,9,9 3(6) Benefit amount. Except as provided in sub. (7), an employee who is
4included under a work-share program and who qualifies to receive regular benefits
5for any week during the effective period of the program shall receive a benefit
6payment for each week that the employee is included under the program in an
7amount equal to the employee's regular benefit amount under s. 108.05 (1)
8multiplied by the employee's proportionate reduction in hours worked for that week
9as a result of the work-share program.
SB26,9,13 10(7) Benefits for partial unemployment. An employee who would otherwise be
11paid benefits under s. 108.05 (3) for any week shall receive a benefit payment for that
12week in the amount payable to the employee under sub. (6) or the amount payable
13to the employee under s. 108.05 (3), whichever is higher.
SB26,9,18 14(8) Benefit year. An employee may be paid a benefit under sub. (6) only for
15weeks beginning in the employee's benefit year in an amount not exceeding the
16employee's total benefit entitlement under s. 108.06 (1). Benefits paid under sub. (6)
17may begin after the first week of the employee's benefit year or may terminate earlier
18than the last week of the employee's benefit year.
SB26,9,22 19(9) Other benefits. An employee who receives benefits under sub. (6) remains
20eligible for any benefits other than regular benefits for which the employee may
21qualify and the amount of those benefits is not affected by the employee's receipt of
22benefits under sub. (6).
SB26,9,25 23(10) Availability for work. An employee who is receiving benefits under sub.
24(6) for any week need not be available for work in that week other than for the normal
25hours of work that the employee worked for the employer that creates the

1work-share program immediately before the week in which the work-share program
2began.
SB26,10,6 3(10m) Registration for work and work search. The department shall waive
4the requirements to register for work under s. 108.04 (2) (a) 2. and to conduct a search
5for work under s. 108.04 (2) (a) 3. for an employee during each week that the
6employee is receiving benefits under a work-share agreement under sub. (6).
SB26,10,9 7(11) Other employment. An employee who is included in a work-share
8program during a benefit year may be paid wages during the same benefit year by
9an employer other than the employer who creates the work-share program.
SB26,10,16 10(12) Retirement plan and health insurance coverage. An employer that
11creates a work-share program shall maintain coverage under any defined benefit or
12defined contribution retirement plan and any health insurance coverage that the
13employer provides to the employees who are included in a work-share program,
14including any particulars of coverage and percentages contributed by the employer
15for the costs of that coverage, during the effective period of the program under the
16same terms and conditions as if the employees were not included in the program.
SB26,10,23 17(14) Termination by employer. An employer that creates a work-share
18program may terminate the program before the end of the effective period as
19provided in the work-share plan by filing notice of termination with the department.
20The program is then terminated on the 2nd Sunday following the date that the notice
21of termination is filed unless the notice specifies that the program is terminated at
22the beginning of a later week in which case the program terminates at the beginning
23of that week.
SB26,11,3
1(15) Involuntary termination. If in any week there are fewer than 20
2employees who are included in a work-share program of any employer, the program
3terminates on the 2nd Sunday following the end of that week.
SB26,11,10 4(16) Successorship. If all or any part of the business of an employer that
5creates a work-share program is transferred as provided in s. 108.16 (8), the
6successor employer may continue the work-share program as provided in the
7work-share plan or may terminate the program by filing notice of termination under
8sub. (14). Termination by a successor employer does not affect any employees of the
9transferring employer who continue their employment with the transferring
10employer.
SB26,11,15 11(17) Termination of employment. An employee who is included in a
12work-share program may be terminated or may voluntarily terminate his or her
13employment during the effective period of the program and the employee's eligibility
14or ineligibility for benefits for any weeks beginning after the date of termination is
15not affected solely as a result of the employee's inclusion in the program.
SB26,11,19 16(18) Federal financial participation. The department shall seek to qualify
17this state for full federal participation in the cost of administration of this section and
18financing of benefits to employees participating in work-share programs under this
19section.
SB26, s. 12 20Section 12. Nonstatutory provisions.
SB26,12,321 (1) Notwithstanding the effective date of this act, the department of workforce
22development may request approval of the joint committee on finance to delay
23implementation of this act until a date no later than December 31, 2013, by
24submitting a request to the cochairpersons of the committee. If the cochairpersons
25notify the department and the legislative reference bureau that the committee has

1approved a delay in implementation of this act until a date specified by the
2committee, the department may delay implementation of this act until the date
3specified by the committee.
SB26, s. 13 4Section 13. Effective date.
SB26,12,55 (1) This act takes effect on June 30, 2013.
SB26,12,66 (End)
Loading...
Loading...