Amendment SA2-AB748

AB748-SA2,15,2 (c) Requests related to serious health conditions, caregiving, education, or other part-time employment. Notwithstanding par. (b), if an employer receives a request from an employee under par. (a) that is directly related to any of the issues described under par. (a) 2., the employer shall grant the request unless the employer has a bona fide business reason for denying the request.

AB748-SA2,15,7 (d) Verification of reasons for requested changes. If an employer receives a request from an employee under par. (a), the employer may require the employee to provide additional information to clarify or explain the reasons for the employee's requested work schedule change if the employer needs that information to properly evaluate the request under par. (b) or (c).

AB748-SA2,15,11 (3) Predictable work schedules for retail, food service, and cleaning employees. (a) Advance notice of work schedules required. 1. On or before the first day of work of a new service employee, an employer shall provide the service employee with a written copy of the service employee's work schedule.

AB748-SA2,15,15 2. Except as provided in pars. (b) and (c), if an employer changes a work schedule provided to a service employee under subd. 1. or this subdivision, the employer shall provide the service employee with a written copy of the new work schedule no later than 14 days before the new work schedule begins.

AB748-SA2,15,17 3. An employer shall post a copy of a work schedule provided under this paragraph in any of the following ways:

AB748-SA2,15,19 a. In one or more conspicuous places where notices to employees are customarily posted.

AB748-SA2,15,20 b. On an Internet site accessible by all of the employer's employees.

AB748-SA2,15,22 4. If an employer changes a work schedule after it is posted under subd. 3., the employer shall revise the posted work schedule to reflect those changes.

AB748-SA2,16,6 (b) Employer-initiated changes to work schedules without advance notice. 1. An employer may change, without the advance notice required under par. (a) 2., a work schedule provided to a service employee under par. (a) 1. or 2. as provided in this paragraph. Except as provided under subd. 2., if the employer changes a work schedule provided to a service employee under par. (a) 1. or 2. less than 14 days before the new work schedule begins, the employer shall provide the service employee compensation for the change in an amount equal to the service employee's regular rate of pay for one hour of work in addition to any other compensation earned by the service employee.

AB748-SA2,16,9 2. An employer is not required to pay compensation to a service employee under subd. 1. for a change to the service employee's work schedule if any of the following applies to the change:

AB748-SA2,16,10 a. The service employee consents to the change.

AB748-SA2,16,13 b. The employer requires the service employee to work additional time or an additional work shift because another service employee was scheduled to work that time or work shift and is unexpectedly unavailable to do so.

AB748-SA2,16,18 (c) Employee-initiated changes to work schedules. An employer may allow a service employee to agree to work in place of another service employee if the service employees mutually agree to the change. The employer is not required to provide compensation under par. (b) 1. to a service employee with respect to a work shift trade under this paragraph.

AB748-SA2,16,23 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except as provided in subd. 4., if a service employee reports to work and the service employee's employer does not allow the service employee to work all time that the service employee is scheduled to work, the employer shall provide the service employee with the following compensation:

AB748-SA2,17,2 a. If the service employee is scheduled to work 4 hours or less, an amount equal to the service employee's regular rate of pay for all time the service employee is scheduled to work but does not work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB748-SA2,17,7 b. If the service employee is scheduled to work more than 4 hours and works less than 4 hours, an amount equal to the service employee's regular rate of pay for the difference between 4 hours and the amount of time the service employee actually works in addition to any other compensation earned by the service employee for time the service employee actually works.

AB748-SA2,17,14 2. Except as provided in subd. 4., if an employer requires a service employee to contact the employer, or wait to be contacted by the employer, less than 24 hours before a work shift to determine whether the employer will require the service employee to report to work for that work shift, the employer shall provide the service employee compensation in an amount equal to the service employee's regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB748-SA2,17,19 3. Except as provided in subd. 4, if an employer requires a service employee to work a split shift, the employer shall provide the service employee compensation in an amount equal to the service employee's regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB748-SA2,17,23 4. If a service employee is entitled to more than one type of compensation under subds. 1. to 3. with respect to a particular work shift, the employer shall pay the service employee the compensation required under subd. 1., 2., or 3., whichever is greatest.

AB748-SA2,18,4 (e) Manner of payment of additional compensation. An employer that is required to provide compensation to a service employee under par. (b) 1. or (d) shall pay that compensation on the service employee's regular pay check or other wage payment. The employer shall identify on the pay check, pay envelope, or paper accompanying the wage payment the amount of and reason for all additional compensation paid.

AB748-SA2,18,7 (f) Exception. An employer is not required to comply with this subsection during a period in which the employer's regular operations are suspended due to an event outside of the employer's control.

AB748-SA2,18,15 (g) Designating additional covered occupations. The department may promulgate rules to apply the protections afforded under pars. (a) to (f) to additional occupations. The department may designate an occupation under this paragraph if the department determines that at least 10 percent of the individuals employed in the occupation either typically receive notice of changes to their work schedules less than 14 days before the change takes effect or regularly experience fluctuations in the number of hours the individuals are scheduled to work on a daily, weekly, or monthly basis.

AB748-SA2,18,22 (4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the exercise of the right of an employee to request and receive a change in the terms and conditions of employment as provided under sub. (2). No employer may interfere with, restrain, or deny the exercise of the right of a service employee to receive advance notice of work schedules as provided under sub. (3) (a), receive compensation as provided under sub. (3) (b) 1. and (d), or request approval to trade work shifts as provided under sub. (3) (c).

AB748-SA2,19,4 (b) No employer may discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for exercising a right of an employee described under par. (a), opposing a practice prohibited under this section, filing or indicating an intent to file a complaint or otherwise attempting to enforce a right under this section, or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce a right under this section.

AB748-SA2,19,12 (5) Enforcement. (a) Administrative proceeding. An employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation has occurred, the department may order the employer to take action to remedy the violation, including any action authorized under s. 111.39.

AB748-SA2,19,17 (b) Civil action. 1. The department or an employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may bring an action in circuit court against an employer on the basis of the violation without regard to exhaustion of any administrative remedy.

AB748-SA2,19,20 2. In an action under subd. 1., if the circuit court finds that a violation of sub. (4) (a) or (b) has occurred with respect to an employee, the circuit court shall order the defendant to pay to the employee all of the following:

AB748-SA2,19,22 a. Compensatory damages in an amount that the circuit court or jury finds appropriate.

AB748-SA2,20,2 b. Unless the employer proves that the employer acted in good faith and had a reasonable basis for believing that the act or omission that constituted the violation was not a violation of this section, an additional amount as liquidated damages equal to 100 percent of the amount of compensatory damages determined under subd. 2. a.

AB748-SA2,20,4 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred in the action.

AB748-SA2,20,6 3. Damages awarded under subd. 2. are in addition to any back pay or other amounts awarded under s. 111.39 or 111.395.

AB748-SA2,20,9 (6) Penalties. In addition to any damages imposed under sub. (5), an employer that willfully violates this section may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate offense.

AB748-SA2,20,13 (7) Notice posted. An employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. An employer that violates this subsection shall forfeit not more than $100 for each violation.”.

AB748-SA2,20,14 15. Page 5, line 6: before that line insert:

AB748-SA2,20,16 “ Section 3b. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB748-SA2,20,18 103.10 (1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

AB748-SA2,3c Section 3c. 103.10 (1) (a) 1. of the statutes is repealed.

AB748-SA2,3d Section 3d. 103.10 (1) (a) 2. of the statutes is repealed.

AB748-SA2,3e Section 3e. 103.10 (1) (ap) of the statutes is created to read:

AB748-SA2,20,22 103.10 (1) (ap) “Covered active duty" means any of the following:

AB748-SA2,20,24 1. In the case of a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

AB748-SA2,21,4 2. In the case of a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

AB748-SA2,3f Section 3f. 103.10 (1) (b) of the statutes is amended to read:

AB748-SA2,21,9 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee" means an individual employed in this state by an employer, except the employer's parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

AB748-SA2,3g Section 3g. 103.10 (1) (c) of the statutes is amended to read:

AB748-SA2,21,16 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., “employer" means a person engaging in any activity, enterprise, or business in this state employing at least 50 25 individuals on a permanent basis. “Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB748-SA2,3h Section 3h. 103.10 (1) (dm) of the statutes is created to read:

AB748-SA2,21,18 103.10 (1) (dm) “Grandchild" means the child of a child.

AB748-SA2,3i Section 3i. 103.10 (1) (dp) of the statutes is created to read:

AB748-SA2,21,20 103.10 (1) (dp) “Grandparent" means the parent of a parent.

AB748-SA2,3j Section 3j. 103.10 (1) (gm) of the statutes is created to read:

AB748-SA2,21,23 103.10 (1) (gm) “Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB748-SA2,3k Section 3k. 103.10 (1m) (b) 4. of the statutes is amended to read:

AB748-SA2,22,8 103.10 (1m) (b) 4. “Family member" means a spouse or domestic partner of an 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.

AB748-SA2,3L Section 3L. 103.10 (3) (a) 1. of the statutes is amended to read:

AB748-SA2,22,11 103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and, 2., and 4.

AB748-SA2,3m Section 3m. 103.10 (3) (b) 3. of the statutes is amended to read:

AB748-SA2,22,15 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

AB748-SA2,3n Section 3n. 103.10 (3) (b) 4. of the statutes is created to read:

AB748-SA2,22,20 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

AB748-SA2,3o Section 3o. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB748-SA2,23,2 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

AB748-SA2,3p Section 3p. 103.10 (6) (b) 1. of the statutes is amended to read:

AB748-SA2,23,7 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee.

AB748-SA2,3q Section 3q. 103.10 (6) (c) of the statutes is created to read:

AB748-SA2,23,13 103.10 (6) (c) If the employee intends to take leave under sub. (3) (b) 4. that is foreseeable because the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty, the employee shall provide notice of that intention to the employer in a reasonable and practicable manner.

AB748-SA2,3r Section 3r. 103.10 (7) (a) of the statutes is amended to read:

AB748-SA2,23,19 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave, the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever is appropriate.

AB748-SA2,3s Section 3s. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB748-SA2,23,22 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB748-SA2,3t Section 3t. 103.10 (7) (b) 1. of the statutes is amended to read:

AB748-SA2,23,25 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

AB748-SA2,3u Section 3u. 103.10 (7) (d) of the statutes is created to read:

AB748-SA2,24,8 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer may require the employee to provide certification that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty issued at such time and in such manner as the department may prescribe by rule, and the employee shall provide a copy of that certification to the employer in a timely manner.

AB748-SA2,3v Section 3v. 103.10 (12) (c) of the statutes is amended to read:

AB748-SA2,24,16 103.10 (12) (c) If 2 or more health care providers disagree about any of the information required to be certified under sub. (7) (b), the department may appoint another health care provider to examine the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee and render an opinion as soon as possible. The department shall promptly notify the employee and the employer of the appointment. The employer and the employee shall each pay 50 percent of the cost of the examination and opinion.

AB748-SA2,3w Section 3w. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

AB748-SA2,3x Section 3x. 103.10 (14) (b) of the statutes is repealed.

AB748-SA2,3y Section 3y. 103.105 of the statutes is created to read:

AB748-SA2,24,21 103.105 Family and medical leave insurance program. (1) Definitions. In this section:

AB748-SA2,24,24 (a) “Application year" means the 12-month period beginning on the first day of the first calendar week for which family or medical leave insurance benefits are claimed by a covered individual.

AB748-SA2,25,2 (b) “Average weekly earnings" means the average weekly earnings of a covered individual as calculated under s. 102.11 (1) (a) to (e).

AB748-SA2,25,3 (c) “Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.

AB748-SA2,25,8 (d) “Covered individual" means an individual who worked for an employer for at least 680 hours in the calendar year prior to the individual's application year or a self-employed individual who elects coverage under sub. (2) (b), regardless of whether the individual is employed or unemployed at the time the individual files an application for family or medical leave insurance benefits.

AB748-SA2,25,9 (e) “Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

AB748-SA2,25,12 (f) “Employee" means an individual employed in this state by an employer, except the employer's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling.

AB748-SA2,25,17 (g) “Employer" means a person engaging in any activity, enterprise, or business in this state. “Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB748-SA2,25,19 (h) “Family leave" means leave from employment, self-employment, or availability for employment for a reason specified in s. 103.10 (3) (b) 1., 2., 3., or 4.

AB748-SA2,25,22 (i) “Family or medical leave insurance benefits" means family or medical leave insurance benefits payable under this section from the family and medical leave insurance trust fund.