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(b) No person may discharge or otherwise discriminate against any person for
6exercising any right provided under this section, opposing a practice prohibited
7under this section, filing a complaint or attempting to enforce any right provided
8under this section, or testifying or assisting in any action or proceeding to enforce any
9right provided under this section.
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10(10) Enforcement. (a) Any person who believes that his or her rights under
11this section have been interfered with, restrained, or denied in violation of sub. (9)
12(a) or that he or she has been discharged or otherwise discriminated against in
13violation of sub. (9) (b) may, within 30 days after the violation occurs or the person
14should reasonably have known that the violation occurred, whichever is later, file a
15complaint with the department alleging the violation, and the department shall
16process the complaint in the same manner as complaints filed under s. 103.10 (12)
17(b) are processed. If the department finds that an employer has violated sub. (9) (a)
18or (b), the department may order the employer to take action to remedy the violation,
19including providing the requested family or medical leave, reinstating an employee,
20providing back pay accrued not more than 2 years before the complaint was filed, and
21paying reasonable actual attorney fees to the complainant. Section 111.322 (2m)
22applies to a discharge or other discriminatory act arising in connection with any
23proceeding under this paragraph.
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(b) After the completion of an administrative proceeding under par. (a),
25including judicial review, an employee or the department may bring an action in
1circuit court against an employer to recover damages caused by a violation of sub. (9)
2(a) or (b). Section 103.10 (13) (b) applies to the commencement of an action under this
3paragraph.
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4(11) Administration. The department shall administer the family and medical
5leave insurance program under this section. In administering that program, the
6department shall do all of the following:
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(a) Establish procedures and forms for the filing of claims for benefits under
8this section.
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(b) Promulgate rules to implement this section. Those rules shall maintain
10consistency with the regulations specified in
29 CFR Part 825 and the rules
11promulgated by the department to implement s. 103.10 to the extent that those
12regulations and rules do not conflict with this section.
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(c) Use information sharing and integration technology to facilitate the
14exchange of information as necessary for the department to perform its duties under
15this section. Notwithstanding s. 19.35 (1), individual personal information
16maintained by the department under this section is confidential and not open to
17public inspection and copying and may be disclosed only as follows:
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1. On the request of the individual who is the subject of the information or the
19individual's authorized representative, to the individual or representative.
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2. With the written permission of the individual who is the subject of the
21information or the individual's authorized representative, to a person named in the
22permission.
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3. To a public employee for use in the performance of the public employee's
24official duties.
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14. Under a court order or an order of a hearing examiner that is obtained upon
2prior notice to the department and a showing to the court or hearing examiner that
3the information is relevant to a pending court or administrative action.
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(d) Conduct a public outreach campaign to inform employers, employees,
5self-employed individuals, and other covered individuals regarding the family and
6medical leave insurance program under this section. Information provided under
7this paragraph shall be provided in English and in any other language customarily
8spoken by more than 20 percent of the population of this state.
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(e) By September 1 of each year, submit a report to the governor, the joint
10committee on finance, and the appropriate standing committees of the legislature
11under s. 13.172 (3) on the family and medical leave insurance program under this
12section. The report shall include the projected and actual rates of participation in
13the program, the premium rates for coverage under the program, the balance in the
14family and medical leave insurance trust fund under s. 25.52, and a description of
15the department's outreach efforts under par. (d).
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16(12) Notice posted. Each employer shall post, on its Internet site and in one
17or more conspicuous places where notices to employees are customarily posted, a
18notice in a form approved by the department setting forth employees' rights under
19this section. Any employer that violates this subsection shall forfeit not more than
20$100 for each violation.
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21Section
29. 111.322 (2m) (a) of the statutes is amended to read:
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111.322
(2m) (a) The individual files a complaint or attempts to enforce any
23right under s. 103.02, 103.10,
103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
24103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
25or 103.64 to 103.82.
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1Section
30. 111.322 (2m) (b) of the statutes is amended to read:
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111.322
(2m) (b) The individual testifies or assists in any action or proceeding
3held under or to enforce any right under s. 103.02, 103.10,
103.11, 103.13, 103.28,
4103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
5or ss. 101.58 to 101.599 or 103.64 to 103.82.
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6Section
31
.
0Nonstatutory provisions.
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(1)
Proposed permanent rules. The department of workforce development
8shall submit in proposed form the rules required under section 103.11 (11) (b) of the
9statutes, as created by this act, to the legislative council staff under section 227.15
10(1) of the statutes no later than the first day of the 4th month beginning after the
11effective date of this subsection.
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(2)
Rule-making exceptions for permanent rules.
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(a) Notwithstanding section 227.135 (2) of the statutes, the department of
14workforce development is not required to present the statement of the scope of the
15rules required under section 103.11 (11) (b) of the statutes, as created by this act, to
16the governor for approval.
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(b) Notwithstanding section 227.185 of the statutes, the department of
18workforce development is not required to present the rules required under section
19103.11 (11) (b) of the statutes, as created by this act, in final draft form to the governor
20for approval.
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(c) Notwithstanding section 227.137 (2) of the statutes, the department of
22workforce development is not required to prepare an economic impact analysis for
23the rules required under section 103.11 (11) (b) of the statutes, as created by this act.
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(d) Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the
25department of workforce development is not required to submit the proposed rules
1required under section 103.11 (11) (b) of the statutes, as created by this act, to the
2small business regulatory review board and is not required to prepare a final
3regulatory flexibility analysis for those rules.
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(3)
Emergency rules. Using the procedure under section 227.24 of the statutes,
5the department of workforce development shall promulgate the rules required under
6section 103.11 (11) (b) of the statutes, as created by this act, for the period before the
7effective date of the permanent rules promulgated under section 103.11 (11) (b) of the
8statutes, as created by this act, but not to exceed the period authorized under section
9227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the
10statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the
11department is not required to provide evidence that promulgating a rule under this
12subsection as an emergency rule is necessary for the preservation of public peace,
13health, safety, or welfare and is not required to provide a finding of an emergency for
14a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (e) 1d.
15and 1g. of the statutes, the department is not required to prepare a statement of the
16scope of the rules promulgated under this subsection or present the rules to the
17governor for approval.
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18Section
32.
Initial applicability.
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(1)
Family and medical leave insurance trust fund contributions. Except as
20provided in subsection (3), the treatment of section 103.11 (7) of the statutes first
21applies to wages earned on January 1, 2019.
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(2)
Family or medical leave insurance benefits eligibility. Except as provided
23in subsection (3), the treatment of section 103.11 (2) (a) and (c) of the statutes first
24applies to a period of family leave, as defined in section 103.11 (1) (h) of the statutes,
1as created by this act, or a period of medical leave, as defined in section 103.11 (1) (L)
2of the statutes, as created by this act, commencing on January 1, 2020.
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(3)
Collective bargaining agreements. This act first applies to an employee
4who is affected by a collective bargaining agreement that contains provisions
5inconsistent with this act on the day on which the collective bargaining agreement
6expires or is extended, modified, or renewed.