108.133 Note
NOTE: Par. (a) is renumbered to par. (ar) by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first.
108.133(1)(ag)
(ag) “Applicant” means an individual who files an initial claim in order to establish a benefit year under this chapter.
108.133 Note
NOTE: Par. (ag) is created by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first.
108.133 Note
NOTE: Par. (ar) is shown as renumbered from par. (a) by
2017 Wis. Act 157 effective the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first.
108.133(1)(b)
(b) “Job skills assessment" means an assessment conducted by the department under sub.
(2) (d).
108.133(1)(c)
(c) “Occupation that regularly conducts drug testing" means an occupation identified in the regulations issued by the federal secretary of labor under
42 USC 503 (l) (1) (A) (ii).
108.133(1)(e)
(e) “Substance abuse treatment program" means the program provided under sub.
(2) (c).
108.133(1)(f)
(f) “Valid prescription" means a prescription, as defined in s.
450.01 (19), for a controlled substance that has not expired.
108.133(2)
(2) Drug testing program. The department shall establish a program to test claimants who apply for regular benefits under this chapter for the presence of controlled substances in accordance with this section and shall, under the program, do all of the following:
108.133(2)(a)
(a) Promulgate rules to establish the program. The department shall do all of the following in the rules promulgated under this paragraph:
108.133(2)(a)1.
1. Identify a process for testing claimants for the presence of controlled substances. The department shall ensure that the process adheres to any applicable federal requirements regarding drug testing.
108.133(2)(a)2.
2. Identify the parameters for a substance abuse treatment program for claimants who engage in the unlawful use of controlled substances and specify criteria that a claimant must satisfy in order to be considered in full compliance with requirements of the substance abuse treatment program. If the rules require that a claimant enrolled in the substance abuse treatment program submit to additional tests for the presence of controlled substances following the initial test conducted under sub.
(3) (c), the rules shall allow the claimant to have at least one more positive test result following the initial test without, on that basis, being considered not to be in full compliance with the requirements of the substance abuse treatment program.
108.133(2)(a)3.
3. Create a screening process for determining whether there is a reasonable suspicion that a claimant has engaged in the unlawful use of controlled substances.
108.133(2)(a)4.
4. Identify the parameters for a job skills assessment for claimants who engage in the unlawful use of controlled substances and specify criteria that a claimant must satisfy in order to be considered in full compliance with the requirements of the job skills assessment.
108.133(2)(a)5.
5. Identify a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for a claimant to again qualify for benefits after becoming ineligible for benefits under sub.
(3) (a) or
(c).
108.133(2)(am)
(am) Promulgate rules identifying occupations for which drug testing is regularly conducted in this state. The department shall notify the U.S. department of labor of any rules promulgated under this paragraph.
108.133(2)(b)
(b) When a claimant applies for regular benefits under this chapter, do all of the following:
108.133(2)(b)1.
1. Determine whether the claimant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing.
108.133(2)(b)2.
2. Determine whether the claimant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par.
(am).
108.133(2)(b)3.
3. If the claimant is determined by the department under subd.
1. to be an individual for whom suitable work is only available in an occupation that regularly conducts drug testing, conduct a screening on the claimant.
108.133(2)(b)4.
4. If the claimant is determined by the department under subd.
2. to be an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par.
(am), conduct a screening on the claimant if a screening is not already required under subd.
3. 108.133(2)(b)5.
5. If a screening conducted as required under subd.
3. or
4. indicates a reasonable suspicion that the claimant has engaged in the unlawful use of controlled substances, require that the claimant submit to a test for the presence of controlled substances.
108.133(2)(c)
(c) Create and provide, or contract with an entity or another agency to provide, a substance abuse treatment program in accordance with the rules promulgated under par.
(a) 2. 108.133(2)(d)
(d) Create and conduct job skills assessments in accordance with the rules promulgated under par.
(a) 4. 108.133 Note
NOTE: Sub. (2) is affected by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first, to read:
Effective date text
(2) Drug testing program. The department shall establish a program to test applicants for the unlawful use of controlled substances in accordance with this section and shall, under the program, do all of the following:
Effective date text
(a) Promulgate rules to establish the program. The department shall do all of the following in the rules promulgated under this paragraph:
Effective date text
1. Identify a process for testing applicants for the unlawful use of controlled substances. The department shall ensure that the process adheres to any applicable federal requirements regarding drug testing. The department shall pay the reasonable costs of controlled substances testing.
Effective date text
2. Identify the parameters for a substance abuse treatment program for applicants who engage in the unlawful use of controlled substances and specify criteria that an applicant must satisfy in order to be considered in full compliance with requirements of the substance abuse treatment program. If the rules require that an applicant enrolled in the substance abuse treatment program submit to additional tests for the unlawful use of controlled substances following the initial test conducted under sub. (3) (c), the rules shall allow the applicant to have at least one more positive test result following the initial test without, on that basis, being considered not to be in full compliance with the requirements of the substance abuse treatment program.
Effective date text
3. Create a screening process for determining whether there is a reasonable suspicion that an applicant has engaged in the unlawful use of controlled substances.
Effective date text
4. Identify the parameters for a job skills assessment for applicants who engage in the unlawful use of controlled substances and specify criteria that an applicant must satisfy in order to be considered in full compliance with the requirements of the job skills assessment.
Effective date text
5. Identify a period of ineligibility that must elapse or a requalification requirement that must be satisfied, or both, in order for an applicant to again qualify for benefits after becoming ineligible for benefits under sub. (3) (a) or (c).
Effective date text
(am) Promulgate rules identifying occupations for which drug testing is regularly conducted in this state. The department shall notify the U.S. department of labor of any rules promulgated under this paragraph.
Effective date text
(b) When an applicant applies for regular benefits under this chapter, do all of the following:
Effective date text
1. Determine whether the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing.
Effective date text
2. Determine whether the applicant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par. (am), unless the department has already determined that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing under subd. 1.
Effective date text
3. If the department determines under subd. 1. that the applicant is an individual for whom suitable work is only available in an occupation that regularly conducts drug testing, conduct a screening on the applicant.
Effective date text
4. If the department determines under subd. 2. that the applicant is an individual for whom suitable work is only available in an occupation identified in the rules promulgated under par. (am), conduct a screening on the applicant.
Effective date text
5. If a screening conducted as required under subd. 3. or 4. indicates a reasonable suspicion that the applicant has engaged in the unlawful use of controlled substances, require that the applicant submit to a test for the unlawful use of controlled substances.
Effective date text
(c) Create and provide, or contract with an entity or another agency to provide, a substance abuse treatment program in accordance with the rules promulgated under par. (a) 2.
Effective date text
(d) Create and conduct job skills assessments in accordance with the rules promulgated under par. (a) 4.
108.133(3)
(3) Drug testing; substance abuse treatment. 108.133(3)(a)(a) If a claimant is required under sub.
(2) (b) 5. to submit to a test for the presence of controlled substances and the claimant declines to submit to such a test, the claimant is ineligible for benefits under this chapter until the claimant is again eligible for benefits as provided in the rules promulgated under sub.
(2) (a) 5. 108.133 Note
NOTE: Par. (a) is amended by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first, to read:
Effective date text
(a) If an applicant is required under sub. (2) (b) 5. to submit to a test for the unlawful use of controlled substances and the applicant declines to submit to such a test, the applicant is ineligible for benefits under this chapter until the applicant is again eligible for benefits as provided in the rules promulgated under sub. (2) (a) 5.
108.133(3)(b)
(b) If a claimant who is required under sub.
(2) (b) 5. to submit to a test for the presence of controlled substances submits to the test and does not test positive for any controlled substance or the claimant presents evidence satisfactory to the department that the claimant possesses a valid prescription for each controlled substance for which the claimant tests positive, the claimant may receive benefits under this chapter if otherwise eligible and may not be required to submit to any further test for the presence of controlled substances until a subsequent benefit year.
108.133 Note
NOTE: Par. (b) is amended by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first, to read:
Effective date text
(b) If an applicant who is required under sub. (2) (b) 5. to submit to a test for the unlawful use of controlled substances submits to the test and does not test positive for any controlled substance or the applicant presents evidence satisfactory to the department that the applicant possesses a valid prescription for each controlled substance for which the applicant tests positive, the applicant may receive benefits under this chapter if otherwise eligible and may not be required to submit to any further test for the unlawful use of controlled substances until a subsequent benefit year.
108.133(3)(c)
(c) If a claimant who is required under sub.
(2) (b) 5. to submit to a test for the presence of controlled substances submits to the test and tests positive for one or more controlled substances without presenting evidence satisfactory to the department that the claimant possesses a valid prescription for each controlled substance for which the claimant tested positive, the claimant is ineligible for benefits under this chapter until the claimant is again eligible for benefits as provided in the rules promulgated under sub.
(2) (a) 5., except as provided in par.
(d).
108.133 Note
NOTE: Par. (c) is amended by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first, to read:
Effective date text
(c) If an applicant who is required under sub. (2) (b) 5. to submit to a test for the unlawful use of controlled substances submits to the test and tests positive for one or more controlled substances without presenting evidence satisfactory to the department that the applicant possesses a valid prescription for each controlled substance for which the applicant tested positive, the applicant is ineligible for benefits under this chapter until the applicant is again eligible for benefits as provided in the rules promulgated under sub. (2) (a) 5., except as provided in par. (d).
108.133(3)(d)
(d) A claimant who tests positive for one or more controlled substances without presenting evidence of a valid prescription as described in par.
(c) may maintain his or her eligibility for benefits under this chapter by enrolling in the substance abuse treatment program and undergoing a job skills assessment. Such a claimant remains eligible for benefits under this chapter, if otherwise eligible, for each week the claimant is in full compliance with any requirements of the substance abuse treatment program and job skills assessment, as determined by the department in accordance with the rules promulgated under sub.
(2) (a) 2. and
4. 108.133 Note
NOTE: Par. (d) is amended by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first, to read:
Effective date text
(d) An applicant who tests positive for one or more controlled substances without presenting evidence of a valid prescription as described in par. (c) may maintain his or her eligibility for benefits under this chapter by enrolling in the substance abuse treatment program and undergoing a job skills assessment. Such an applicant remains eligible for benefits under this chapter, if otherwise eligible, for each week the applicant fully complies with any requirements of the substance abuse treatment program and job skills assessment, as determined by the department in accordance with the rules promulgated under sub. (2) (a) 2. and 4.
108.133(3)(e)
(e) All information relating to an individual's declining to take a test for the unlawful use of controlled substances, testing positive for the unlawful use of controlled substances, prescription medications, medical records, and enrollment and participation in the substance abuse treatment program under this chapter shall, subject to and in accordance with any rules promulgated by the department, be confidential and not subject to the right of inspection or copying under s.
19.35 (1).
108.133(3)(f)
(f) The department shall charge to the fund's balancing account the cost of benefits paid to an individual that are otherwise chargeable to the account of an employer that is subject to the contribution requirements of ss.
108.17 and
108.18 if the individual receives benefits based on the application of par.
(d).
108.133(4)(a)
(a) An employing unit may, in accordance with the rules promulgated by the department under par.
(b), voluntarily submit to the department the results of a test for the presence of controlled substances that was conducted on an individual as a condition of an offer of employment or notify the department that an individual declined to submit to such a test, along with information necessary to identify the individual. Upon receipt of any such results of a test conducted and certified in a manner approved by the department or notification that an individual declined to submit to such a test, the department shall determine whether the individual is a claimant receiving benefits. If the individual is a claimant receiving benefits, the department shall, in accordance with rules promulgated by the department under par.
(b), use that information for purposes of determining eligibility for benefits under s.
108.04 (8) (b).
108.133 Note
NOTE: Par. (a) is amended by
2017 Wis. Act 157 effective
the date that a rule promulgated by the department of workforce development that is based on scope statement SS 046-17 takes effect, or on March 1, 2021, whichever occurs first, to read:
Effective date text
(a) An employing unit may, in accordance with the rules promulgated by the department under par. (b), voluntarily submit to the department the results of a test for the unlawful use of controlled substances that was conducted on an individual as a condition of an offer of employment or notify the department that an individual declined to submit to such a test, along with information necessary to identify the individual. Upon receipt of any such results of a test conducted and certified in a manner approved by the department or notification that an individual declined to submit to such a test, the department shall determine whether the individual is a claimant receiving benefits. If the individual is a claimant receiving benefits, the department shall, in accordance with rules promulgated by the department under par. (b), use that information for purposes of determining eligibility for benefits under s. 108.04 (8) (b).
108.133(4)(b)
(b) The department shall promulgate rules necessary to implement par.
(a).
108.133(4)(c)
(c) Any employing unit that, in good faith, submits the results of a positive test or notifies the department that an individual declined to submit to a test under par.
(a) is immune from civil liability for its acts or omissions with respect to the submission of the positive test results or the notification that the individual declined to submit to the test.
108.133(5)(a)
(a) Notwithstanding subs.
(2) (b) 1.,
3., and
5.,
(c), and
(d) and
(3), subs.
(2) (b) 1.,
3., and
5.,
(c), and
(d) and
(3) do not apply until the rules required under sub.
(2) (a) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which subs.
(2) (b) 1.,
3., and
5.,
(c), and
(d) and
(3) will be implemented.
108.133(5)(b)
(b) Notwithstanding sub.
(2) (b) 2. and
4., sub.
(2) (b) 2. and
4. do not apply until the rules required under sub.
(2) (am) take effect. The department shall submit to the legislative reference bureau for publication in the Wisconsin administrative register a notice identifying the date on which sub.
(2) (b) 2. and
4. will be implemented.
108.133(5)(d)
(d) The secretary may waive compliance with any provision under this section and s.
108.04 (8) (b) if the secretary determines that waiver of the provision is necessary to permit continued certification of this chapter for grants to this state under Title III of the federal Social Security Act or for maximum credit allowances to employers under the federal Unemployment Tax Act.
108.133 History
History: 2015 a. 55;
2017 a. 157.
108.135
108.135
Income tax withholding. 108.135(1)(1)
The department shall advise each claimant filing a new claim for unemployment insurance, at the time of filing the claim, that:
108.135(1)(a)
(a) Unemployment insurance is subject to federal and Wisconsin income taxes.
108.135(1)(b)
(b) Requirements exist under federal law pertaining to estimated tax payments.
108.135(1)(c)
(c) The claimant may elect to have federal income taxes and, if permitted under sub.
(3), Wisconsin income taxes withheld and to change each election once during a benefit year.
108.135(2)
(2) The department shall permit a claimant to elect to have federal income tax deducted and withheld from the claimant's benefit payments. Except as provided in sub.
(5), if a claimant elects federal income tax withholding, the department shall deduct and withhold federal income tax at the rate specified in
26 USC 3402 (p) (2).
108.135(3)
(3) The department may permit a claimant to elect to have state income tax deducted and withheld from the claimant's benefit payments. Except as provided in sub.
(5), if the department permits and a claimant elects state income tax withholding, the department shall deduct and withhold state income tax at the rate specified by the department.
108.135(4)
(4) The department shall permit a claimant to change each previously elected withholding status under sub.
(2) or
(3) one time within a benefit year.
108.135(5)
(5) If any benefit payment due for a week under s.
108.05 (1) to
(7), after making any deductions under s.
108.05 (10), is insufficient to equal the amounts required to be withheld under sub.
(2) or
(3), the department shall deduct and withhold the entire remaining benefit payment for that week.
108.135(6)
(6) Upon making a deduction under this section, the department shall transfer the amount deducted from the fund to the federal internal revenue service or to the department of revenue.
108.135(7)
(7) The department shall follow all procedures specified by the U.S. department of labor and the federal internal revenue service pertaining to the deducting and withholding of income tax.
108.135 History
History: 1995 a. 118;
1997 a. 39.
108.14(1)(1)
This chapter shall be administered by the department.
108.14(2)
(2) The department may adopt and enforce all rules which it finds necessary or suitable to carry out this chapter. The department shall make a copy of such rules available to any person upon request. The department may require from any employing unit which employs one or more individuals to perform work in this state any reports on employment, wages, hours and related matters which it deems necessary to carry out this chapter.
108.14 Cross-reference
Cross-reference: See also ch.
DWD 123, Wis. adm. code.
108.14(2e)
(2e) The department may provide a secure means of electronic interchange between itself and employing units, claimants, and other persons that, upon request to and with prior approval by the department, may be used for departmental transmission or receipt of any document specified by the department that is related to the administration of this chapter in lieu of any other means of submission or receipt specified in this chapter. If a due date is established by statute for the receipt of any document that is submitted electronically to the department under this subsection, then that submission is timely only if the document is submitted by midnight of the statutory due date.
