In addition, the bill provides that family or medical leave insurance benefits are
payable beginning on the sixth day of family or medical leave, except that if a covered
individual uses ten or more days of family or medical leave insurance benefits in an
application year, those benefits are also payable with respect to the first five days of
family or medical leave. The bill also provides that no family or medical leave
insurance benefits are payable for any period of family or medical leave in which a
covered individual is substituting paid leave of any other type provided by his or her
employer or in which a covered individual is receiving unemployment benefits or
worker's compensation benefits. Finally, with respect to family or medical leave
insurance benefits, the bill provides that those benefits are exempt from state income
taxation.
Beginning on January 1, 2019, the bill requires each individual employed in
this state, including an individual employed by the state, and each self-employed
individual who elects coverage under the family and medical leave insurance
program to contribute to the trust fund a percentage of his or her wages from
employment or income from self-employment determined by DWD in consultation
with the commissioner of insurance that is sufficient to finance the payments of
benefits under the program and the administration of the program. The bill requires
DWD to collect those contributions in the same manner as DWD collects
contributions to the unemployment reserve fund under current law.
Finally, the bill:
1. Permits a covered individual whose claim for family or medical leave
insurance benefits is denied by DWD to request a hearing on the denial and requires
DWD to process the request for hearing in the same manner that requests for
hearings on unemployment insurance claims are processed under current law.
2. Permits DWD to seek repayment of family or medical leave insurance
benefits that are paid erroneously or as a result of willful misrepresentation in the
same manner that DWD recovers erroneous payments of unemployment insurance
benefits under current law or to waive recovery of an erroneous payment of those
benefits if the erroneous payment was not the fault of the person who received it and
if requiring repayment would be contrary to equity and good conscience.
3. Provides that if an individual willfully makes a false statement or
representation, or willfully fails to disclose a material fact, to obtain family or
medical leave insurance benefits, the individual is disqualified from receiving those
benefits for one year after the date of the disqualification.
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:
SB385,1
1Section
1. 20.445 (1) (w) of the statutes is created to read:
SB385,4,62
20.445
(1) (w)
Family and medical leave insurance trust fund. From the family
3and medical leave insurance trust fund, all moneys deposited in that fund under s.
4103.11 (7) for the payments of family or medical leave insurance benefits under s.
5103.11 (2) (c) and for the administration of the family or medical leave insurance
6program under s. 103.11.
SB385,2
7Section
2. 25.17 (1) (er) of the statutes is created to read:
SB385,4,88
25.17
(1) (er) Family and medical leave insurance trust fund (s. 25.52);
SB385,3
9Section
3. 25.52 of the statutes is created to read:
SB385,5,2
1025.52 Family and medical leave insurance trust fund. There is created
11a separate nonlapsible trust fund designated as the family and medical leave
1insurance trust fund, to consist of all moneys deposited in that fund under s. 103.11
2(7).
SB385,4
3Section
4. 71.05 (6) (b) 53. of the statutes is created to read:
SB385,5,74
71.05
(6) (b) 53. For taxable years beginning after December 31, 2019, any
5amount of family or medical leave insurance benefits received by a covered
6individual, as defined in s. 103.11 (1) (d), in the taxable year to which the subtraction
7relates.
SB385,5
8Section
5. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a)
9and amended to read:
SB385,5,1110
103.10
(1) (a) "Child" means a natural, adopted, or foster child, a stepchild, or
11a legal ward
to whom any of the following applies:.
SB385,6
12Section
6. 103.10 (1) (a) 1. of the statutes is repealed.
SB385,7
13Section
7. 103.10 (1) (a) 2. of the statutes is repealed.
SB385,8
14Section
8. 103.10 (1) (ap) of the statutes is created to read:
SB385,5,1515
103.10
(1) (ap) "Covered active duty" means any of the following:
SB385,5,1716
1. In the case of a member of a regular component of the U.S. armed forces, duty
17during the deployment of the member with the U.S. armed forces to a foreign country.
SB385,5,2118
2. In the case of a member of a reserve component of the U.S. armed forces, duty
19during the deployment of the member with the U.S. armed forces to a foreign country
20under a call or order to active duty under a provision of law specified in
10 USC 101 21(a) (13) (B).
SB385,9
22Section
9. 103.10 (1) (b) of the statutes is amended to read:
SB385,5,2523
103.10
(1) (b) Except as provided in sub. (1m) (b) 2., "employee" means an
24individual employed in this state by an employer, except the employer's
parent, child, 25spouse, domestic partner,
or child parent, grandparent, grandchild, or sibling.
SB385,10
1Section
10. 103.10 (1) (c) of the statutes is amended to read:
SB385,6,72
103.10
(1) (c) Except as provided in sub. (1m) (b) 3., "employer" means a person
3engaging in any activity, enterprise
, or business in this state employing at least
50 425 individuals on a permanent basis. "Employer" includes the state and any office,
5department, independent agency, authority, institution, association, society
, or other
6body in state government created or authorized to be created by the constitution or
7any law, including the legislature and the courts.
SB385,11
8Section
11. 103.10 (1) (dm) of the statutes is created to read:
SB385,6,99
103.10
(1) (dm) "Grandchild" means the child of a child.
SB385,12
10Section
12. 103.10 (1) (dp) of the statutes is created to read:
SB385,6,1111
103.10
(1) (dp) "Grandparent" means the parent of a parent.
SB385,13
12Section
13. 103.10 (1) (gm) of the statutes is created to read:
SB385,6,1413
103.10
(1) (gm) "Sibling" means a brother, sister, half brother, half sister,
14stepbrother, or stepsister, whether by blood, marriage, or adoption.
SB385,14
15Section
14. 103.10 (1m) (b) 4. of the statutes is amended to read:
SB385,6,2316
103.10
(1m) (b) 4. "Family member" means a spouse or domestic partner of an
17employee; a parent, child, sibling, including a foster sibling, brother-in-law,
18sister-in-law, grandparent,
stepgrandparent, or grandchild of an employee or of an
19employee's spouse or domestic partner; or any other person who is related by blood,
20marriage, or adoption to an employee or to an employee's spouse or domestic partner
21and whose close association with the employee, spouse, or domestic partner makes
22the person the equivalent of a family member of the employee, spouse, or domestic
23partner.
SB385,15
24Section
15. 103.10 (3) (a) 1. of the statutes is amended to read:
SB385,7,2
1103.10
(3) (a) 1. In a 12-month period no employee may take more than 6 weeks
2of family leave under par. (b) 1.
and, 2.
, and 4.
SB385,16
3Section
16. 103.10 (3) (b) 3. of the statutes is amended to read:
SB385,7,64
103.10
(3) (b) 3. To care for the employee's child, spouse, domestic partner,
or 5parent,
grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
or 6parent
, grandparent, grandchild, or sibling has a serious health condition.
SB385,17
7Section
17. 103.10 (3) (b) 4. of the statutes is created to read:
SB385,7,118
103.10
(3) (b) 4. Because of any qualifying exigency, as determined by the
9department by rule, arising out of the fact that the spouse, child, domestic partner,
10parent, grandparent, grandchild, or sibling of the employee is on covered active duty
11or has been notified of an impending call or order to covered active duty.
SB385,18
12Section
18. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB385,7,1713
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
14planned medical treatment or supervision of a child, spouse, domestic partner,
or 15parent
, grandparent, grandchild, or sibling or intends to take medical leave because
16of the planned medical treatment or supervision of the employee, the employee shall
17do all of the following:
SB385,19
18Section
19. 103.10 (6) (b) 1. of the statutes is amended to read:
SB385,7,2219
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
20or supervision so that it does not unduly disrupt the employer's operations, subject
21to the approval of the health care provider of the child, spouse, domestic partner,
22parent,
grandparent, grandchild, sibling, or employee.
SB385,20
23Section
20. 103.10 (6) (c) of the statutes is created to read:
SB385,8,324
103.10
(6) (c) If the employee intends to take leave under sub. (3) (b) 4. that is
25foreseeable because the spouse, child, domestic partner, parent, grandparent,
1grandchild, or sibling of the employee is on covered active duty or has been notified
2of an impending call or order to covered active duty, the employee shall provide notice
3of that intention to the employer in a reasonable and practicable manner.
SB385,21
4Section
21. 103.10 (7) (a) of the statutes is amended to read:
SB385,8,95
103.10
(7) (a) If an employee requests family leave for a reason described in sub.
6(3) (b) 3. or requests medical leave, the employer may require the employee to provide
7certification, as described in par. (b), issued by the health care provider or Christian
8Science practitioner of the child, spouse, domestic partner, parent,
grandparent,
9grandchild, sibling, or employee, whichever is appropriate.
SB385,22
10Section
22. 103.10 (7) (b) (intro.) of the statutes is amended to read:
SB385,8,1211
103.10
(7) (b) (intro.) No employer may require certification
under par. (a) 12stating more than the following:
SB385,23
13Section
23. 103.10 (7) (b) 1. of the statutes is amended to read:
SB385,8,1514
103.10
(7) (b) 1. That the child, spouse, domestic partner, parent,
grandparent,
15grandchild, sibling, or employee has a serious health condition.
SB385,24
16Section
24. 103.10 (7) (d) of the statutes is created to read:
SB385,8,2317
103.10
(7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
18may require the employee to provide certification that the spouse, child, domestic
19partner, parent, grandparent, grandchild, or sibling of the employee is on covered
20active duty or has been notified of an impending call or order to covered active duty
21issued at such time and in such manner as the department may prescribe by rule,
22and the employee shall provide a copy of that certification to the employer in a timely
23manner.
SB385,25
24Section
25. 103.10 (12) (c) of the statutes is amended to read:
SB385,9,7
1103.10
(12) (c) If 2 or more health care providers disagree about any of the
2information required to be certified under sub. (7) (b), the department may appoint
3another health care provider to examine the child, spouse, domestic partner, parent,
4grandparent, grandchild, sibling, or employee and render an opinion as soon as
5possible. The department shall promptly notify the employee and the employer of
6the appointment. The employer and the employee shall each pay
50% 50 percent of
7the cost of the examination and opinion.
SB385,26
8Section
26. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
SB385,27
9Section
27. 103.10 (14) (b) of the statutes is repealed.
SB385,28
10Section
28. 103.11 of the statutes is created to read:
SB385,9,12
11103.11 Family and medical leave insurance program. (1) Definitions. 12In this section:
SB385,9,1513
(a) "Application year" means the 12-month period beginning on the first day
14of the first calendar week for which family or medical leave insurance benefits are
15claimed by a covered individual.
SB385,9,1716
(b) "Average weekly earnings" means the average weekly earnings of a covered
17individual as calculated under s. 102.11 (1) (a) to (e).
SB385,9,1818
(c) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.
SB385,9,2319
(d) "Covered individual" means an individual who worked for an employer for
20at least 680 hours in the calendar year prior to the individual's application year or
21a self-employed individual who elects coverage under sub. (2) (b), regardless of
22whether the individual is employed or unemployed at the time the individual files
23an application for family or medical leave insurance benefits.
SB385,9,2424
(e) "Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).
SB385,10,3
1(f) "Employee" means an individual employed in this state by an employer,
2except the employer's child, spouse, domestic partner, parent, grandparent,
3grandchild, or sibling.
SB385,10,84
(g) "Employer" means a person engaging in any activity, enterprise, or business
5in this state. "Employer" includes the state and any office, department, independent
6agency, authority, institution, association, society, or other body in state government
7created or authorized to be created by the constitution or any law, including the
8legislature and the courts.
SB385,10,109
(h) "Family leave" means leave from employment, self-employment, or
10availability for employment for a reason specified in s. 103.10 (3) (b) 1., 2., 3., or 4.
SB385,10,1311
(i) "Family or medical leave insurance benefits" means family or medical leave
12insurance benefits payable under this section from the family and medical leave
13insurance trust fund.
SB385,10,1414
(j) "Grandchild" means the child of a child.
SB385,10,1515
(k) "Grandparent" means the parent of a parent.
SB385,10,2216
(L) "Medical leave" means leave from employment when a covered individual
17has a serious health condition that makes the individual unable to perform his or her
18employment duties, leave from self-employment when a covered individual has a
19serious health condition that makes the individual unable to perform the duties of
20his or her self-employment, or leave from availability for employment when a
21covered individual has a serious health condition that makes the individual unable
22to perform the duties of any suitable employment.
SB385,10,2523
(m) "Parent" means a natural parent, foster parent, adoptive parent,
24stepparent, or legal guardian of an employee or of an employee's spouse or domestic
25partner.
SB385,11,1
1(n) "Serious health condition" has the meaning given in s. 103.10 (1) (g).
SB385,11,32
(o) "Sibling" means a brother, sister, half brother, half sister, stepbrother, or
3stepsister, whether by blood, marriage, or adoption.
SB385,11,44
(p) "Spouse" means an employee's legal husband or wife.
SB385,11,75
(q) "State annual median wage" means the median hourly wage for all
6occupations in this state, as determined by the bureau of labor statistics of the U.S.
7department of labor, multiplied by 2,080.
SB385,11,98
(r) "Waiting period" means the period under sub. (4) (b) 1. for which no family
9or medical leave insurance benefits are payable.
SB385,11,16
10(2) Eligibility for benefits. (a) A covered individual who is on family or
11medical leave is eligible to receive family or medical leave insurance benefits in the
12amount specified in sub. (3) and for the duration specified in sub. (4). No family or
13medical leave insurance benefits are payable for any period of family or medical leave
14for which a covered individual is substituting paid leave of any other type provided
15by his or her employer or for which a covered individual is receiving unemployment
16benefits under ch. 108 or worker's compensation benefits under ch. 102.
SB385,12,517
(b) Any sole proprietor, partner of a partnership, member of a limited liability
18company, or other self-employed individual engaged in a vocation, profession, or
19business in this state on a substantially full-time basis may elect to be covered under
20this section by filing a written notice of election with the department in a form and
21manner prescribed by the department by rule. An initial election under this
22paragraph becomes effective on the date on which the notice of election is filed, shall
23be for a period of not less than 3 years, and may be renewed for subsequent one-year
24periods by the filing of a written notice with the department that the self-employed
25individual intends to continue his or her coverage under this section. A
1self-employed individual that elects coverage under this section may withdraw that
2election no earlier than 3 years after the date of the initial election or at such other
3times as the department may prescribe by rule by providing notice of that
4withdrawal to the department not less than 30 days before the expiration date of the
5election.
SB385,12,166
(c) To receive family or medical leave insurance benefits, a covered individual
7shall file a claim for those benefits within such time and in such manner as the
8department may prescribe by rule. On receipt of a claim for family or medical leave
9insurance benefits, the department may request from the claimant's employer such
10information as may be necessary for the department to determine the claimant's
11eligibility for those benefits and the amount and duration of those benefits, and the
12employer shall provide that information to the department within such time and in
13such manner as the department may prescribe by rule. If the department determines
14that a claimant is eligible to receive family or medical leave insurance benefits, the
15department shall provide those benefits to the claimant as provided in subs. (3) to
16(5).
SB385,12,19
17(3) Amount of benefits. (a) Subject to par. (b), the amount of family or medical
18leave insurance benefits for a week of leave for which those benefits are payable is
19as follows:
SB385,12,2220
1. For a covered individual who earned less than 30 percent of the state annual
21median wage in the calendar year before the individual's application year, 95 percent
22of that individual's average weekly earnings.
SB385,12,2523
2. For a covered individual who earned at least 30 percent, but less than 50
24percent, of the state annual median wage in the calendar year before the individual's
25application year, 90 percent of that individual's average weekly earnings.
SB385,13,3
13. For a covered individual who earned at least 50 percent, but less than 80
2percent, of the state annual median wage in the calendar year before the individual's
3application year, 85 percent of that individual's average weekly earnings.
SB385,13,64
4. For a covered individual who earned at least 80 percent of the state annual
5median wage in the calendar year before the individual's application year, 66 percent
6of that individual's average weekly earnings.