(a) The product is returned no more than 7 days after purchase.
(b) The product is adulterated within the meaning of s. 97.02 or defective as a 9
result of a production error or defect.
10(4) Other returns allowed.
A retailer may accept a return of a product that 11
is not prohibited by sub. (2).
102.03 (6) of the statutes is created to read:
(a) In this subsection, “first responder” means an employee of or 14
volunteer for an employer that provides fire fighting, law enforcement, medical, or 15
other emergency services, and who has regular, direct contact with, or is regularly 16
in close proximity to, patients or other members of the public requiring emergency 17
services, within the scope of the individual's work for the employer.
(b) For the purposes of benefits under this chapter, where an injury to a first 19
responder is found to be caused by COVID-19 during the public health emergency 20
declared by the governor under s. 323.10 on March 12, 2020, by executive order 72, 21
and ending 30 days after the termination of the order, the injury is presumed to be 22
caused by the individual's employment.
(c) An injury claimed under par. (b) must be accompanied by a specific diagnosis 24
by a physician or by a positive COVID-19 test.
(d) An injury claimed under par. (b) may be rebutted by specific evidence that 2
the injury was caused by exposure to COVID-19 outside of the first responder's work 3
for the employer.
102.565 (6) of the statutes is created to read:
This section does not apply to an employee whose claim of injury 6
is presumed to be caused by employment under s. 102.03 (6).
103.13 (2m) of the statutes is created to read:
103.13 (2m) Employee records during an emergency.
Notwithstanding sub. 9
(2), during the public health emergency declared on March 12, 2020, by executive 10
order 72, an employer is not required to provide an employee's personnel records 11
within 7 working days after an employee makes a request to inspect his or her 12
personnel records, and an employer is not required to provide the inspection at a 13
location reasonably near the employee's place of employment during normal working 14
108.04 (2) (d) of the statutes is created to read:
(d) If required under s. 108.07 (5) (bm), each claimant shall and each 17
employer shall under s. 108.09 (1) or when otherwise requested by the department, 18
indicate whether a claim for regular benefits is related to the public health 19
emergency declared on March 12, 2020, by executive order 72. The department may 20
specify the information required to be provided under this paragraph.
108.04 (3) of the statutes is renumbered 108.04 (3) (a) and 22
amended to read:
(a) The Subject to par. (b), the
first week of a claimant's benefit year 24
for which the claimant has timely applied and is otherwise eligible for regular 25
benefits under this chapter is the claimant's waiting period for that benefit year.
108.04 (3) (b) of the statutes is created to read:
(b) Paragraph (a) does not apply with respect to benefit years that 3
begin after March 12, 2020, and before February 7, 2021. The department shall seek 4
the maximum amount of federal reimbursement for benefits that are, during the 5
time period specified in this paragraph, payable for the first week of a claimant's 6
benefit year as a result of the application of this paragraph.
108.04 (13) (d) 3. b. of the statutes is amended to read:
(d) 3. b. If recovery of an overpayment is not permitted under s. 9
108.22 (8) (c), restore the proper amount to the employer's account and charge that 10
amount to the fund's balancing account unless s. 108.07 (5) (c) (am) 3.
108.04 (13) (d) 4. b. of the statutes is amended to read:
(d) 4. b. If recovery of an overpayment is not permitted under s. 13
108.22 (8) (c), restore the proper amount to the employer's account and charge that 14
amount in accordance with s. 108.07 (5) (am)
108.062 (1) (b) of the statutes is amended to read:
(b) “Work-share program" means a program approved by the 17
department under which the hours of work of employees in a work unit
are reduced 18
in lieu of the layoffs of 2 or more employees in the work unit
108.062 (2m) of the statutes is created to read:
108.062 (2m) Applications; department assistance.
The department shall 21
allow employers to submit applications under this section using an online form. The 22
department shall provide assistance to employers with submitting applications and 23
developing work-share plans.
108.062 (3) of the statutes is amended to read:
108.062 (3) Approval of plans.
The department shall approve a plan if the plan 2
includes all of the elements specified in sub. (2) or (20), whichever is applicable
. The 3
approval is effective for the effective period of the plan unless modified under sub. 4
108.062 (3r) of the statutes is created to read:
108.062 (3r) Applicability of laws.
A work-share program shall be governed 7
by the law that was in effect when the plan or modification was last approved under 8
sub. (3) or (3m), until the program ends as provided in sub. (4).
108.062 (4) of the statutes is renumbered 108.062 (4) (a) 1. and 10
amended to read:
(a) 1. A Except as provided in subd. 2., a
work-share program 12
becomes effective on the later of the Sunday of the 2nd week beginning after approval 13
of a work-share plan under sub. (3) or any Sunday after that day specified in the 14
A work-share program ends on the earlier of the last Sunday that precedes 16
the end of the 6-month period beginning on the effective date of the program or any 17
Sunday before that day specified in the plan unless the program terminates on an 18
earlier date under sub. (5), (14), or (15).
108.062 (4) (a) 2. of the statutes is created to read:
(a) 2. With respect to a work-share plan approved during a period 21
described under sub. (20), the work-share program becomes effective on the later of 22
the Sunday of or after approval of a work-share plan under sub. (3) or any Sunday 23
after that day specified in the plan.
108.062 (15) of the statutes is amended to read:
108.062 (15) Involuntary termination.
If in any week there are fewer than 20 2
employees who are included in a work-share program of any employer, the program 3
terminates on the 2nd Sunday following the end of that week. This subsection does
4not apply to a work-share program to which sub. (20) applies.
108.062 (19) of the statutes is renumbered 108.062 (19) (intro.) and 6
amended to read:
108.062 (19) Secretary may waive compliance.
(intro.) The secretary may 8waive compliance with any requirement under this section do any of the following 9
if the secretary determines that waiver of the requirement doing so
is necessary to 10
permit continued certification of this chapter for grants to this state under Title III 11
of the federal Social Security Act, for maximum credit allowances to employers under 12
the federal Unemployment Tax Act, or for this state to qualify for full federal 13
financial participation in the cost of administration of this section and financing of 14
benefits to employees participating in work-share programs under this section.:
108.062 (19) (a) and (b) of the statutes are created to read:
(a) Waive compliance with any requirement under this section.
(b) Waive the application of sub. (20), in whole or in part, to the extent necessary 18
for any of the purposes specified in this subsection or, to the extent necessary for any 19
of those purposes, require the continued application of any requirement under sub. 20
108.062 (20) of the statutes is created to read:
108.062 (20) Suspensions of certain provisions.
Notwithstanding sub. (2), 23
this subsection, and not sub. (2), applies to work-share plans submitted on or after 24
the effective date of this subsection .... [LRB inserts date], and before December 31, 25
2020, subject to sub. (19). During that period, prior to implementing a work-share
program, an employer shall submit a work-share plan for the approval of the 2
department. In its submittal, the employer shall certify that its plan is in compliance 3
with all requirements under this section. Each plan shall:
(a) Specify the affected positions, and the names of the employees filling those 5
positions on the date of submittal. The plan need not be limited to a particular work 6
(b) Provide for initial coverage under the plan of at least 2 positions that are 8
filled on the effective date of the work-share program.
(c) Specify the period or periods when the plan will be in effect, which may not 10
exceed a total of 6 months in any 5-year period within the same work unit.
(d) Exclude participation by employees who are employed on a seasonal, 12
temporary, or intermittent basis.
(e) Apply only to employees who have been engaged in employment with the 14
employer for a period of at least 3 months on the effective date of the work-share 15
program and who are regularly employed by the employer in that employment.
(f) Specify the normal average hours per week worked by each employee in the 17
work unit and the percentage reduction in the average hours of work per week 18
worked by that employee, exclusive of overtime hours, which shall be applied in a 19
uniform manner and which shall be at least 10 percent of the normal hours per week 20
of that employee but not more than whichever of the following is greater:
1. Sixty percent of the normal hours per week of that employee.
2. The maximum percent reduction of the normal hours per week of that 23
employee that is permissible under federal law.
(g) Describe the manner in which requirements for maximum federal financial 2
participation in the plan will be implemented, including a plan for giving notice, 3
where feasible, to participating employees of changes in work schedules.
(h) Provide an estimate of the number of layoffs that would occur without 5
implementation of the plan.
(i) Specify the effect on any fringe benefits provided by the employer to the 7
employees who are included in the work-share program other than fringe benefits 8
required by law.
(j) Include a statement affirming that the plan is in compliance with all 10
employer obligations under applicable federal and state laws.
(k) Indicate whether the plan includes employer-sponsored training to 12
enhance job skills and acknowledge that the employees may participate in training 13
funded under the federal Workforce Innovation and Opportunity Act, 29 USC 3101 14
, or another federal law that enhances job skills without affecting availability 15
for work, subject to department approval.
108.07 (5) of the statutes is renumbered 108.07 (5) (am).
108.07 (5) (bm) of the statutes is created to read:
(bm) 1. The department shall, when processing initial claims for 19
regular benefits, determine whether a claim or plan is related to the public health 20
emergency declared on March 12, 2020, by executive order 72. If a claim is so related, 21
the regular benefits for that claim shall, except as provided in subd. 2., be paid as 22
provided in subd. 3.
2. a. Subdivision 1. applies only with respect to benefits payable for weeks 24
beginning after March 12, 2020, and beginning before December 31, 2020.
b. Subdivision 1. does not apply if the employer fails to timely and adequately 2
provide any information required by the department under s. 108.04 (2) (d).
c. Subdivision 1. does not apply with respect to any benefits paid or reimbursed 4
by the federal government, or any portion thereof, including the portion of any 5
benefits reimbursed by the federal government for reimbursable employers, as 6
defined in s. 108.155 (1) (b).
d. In the case of a claim for regular benefits that is a combined wage claim, as 8
defined in s. 108.04 (13) (g) 1. a., subd. 1. applies only with respect to this state's share 9
e. Subdivision 1. does not apply with respect to work-share benefits under s. 11
f. Subdivision 1. does not apply to benefits chargeable as provided in sub. (7).
3. Charges for benefits to which subd. 1. applies shall, notwithstanding any 14
other provision of this chapter, be paid or reimbursed as follows:
a. For employers subject to the contribution requirements of ss. 108.17 and 16
108.18, the benefits shall be charged to the fund's balancing account.
b. For reimbursable employers, as defined in s. 108.155 (1) (b), the benefits 18
shall be paid in the manner provided under par. (am) 1.
108.14 (8n) (e) of the statutes is amended to read:
(e) The department shall charge this state's share of any benefits 21
paid under this subsection to the account of each employer by which the employee 22
claiming benefits was employed in the applicable base period, in proportion to the 23
total amount of wages he or she earned from each employer in the base period, except 24
that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 25
108.07 (3), (3r), or (5) (b) (am) 2.
, or 108.133 (3) (f) would have applied to employment
by such an employer who is subject to the contribution requirements of ss. 108.17 and 2
108.18, the department shall charge the share of benefits based on employment with 3
that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 4
(3) would have applied to an employer that is not subject to the contribution 5
requirements of ss. 108.17 and 108.18, the department shall charge the share of 6
benefits based on that employment in accordance with s. 108.07 (5)
(a) and (b) (am)
71. and 2
. The department shall also charge the fund's balancing account with any 8
other state's share of such benefits pending reimbursement by that state.
108.141 (7) (a) of the statutes is amended to read:
(a) The department shall charge the state's share of each week of 11
extended benefits to each employer's account in proportion to the employer's share 12
of the total wages of the employee receiving the benefits in the employee's base 13
period, except that if the employer is subject to the contribution requirements of ss. 14
108.17 and 108.18 the department shall charge the share of extended benefits to 15
which s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m) or (8) (a) or (b), 16
108.07 (3), (3r), or (5) (b) (am) 2.
, or 108.133 (3) (f) applies to the fund's balancing 17
108.16 (6m) (a) of the statutes is amended to read:
(a) The benefits thus chargeable under s. 108.04 (1) (f), (5), (5g), 20
(7) (h), (8) (a) or (b), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (b) (am) 2. and (bm)
, (5m), or and
(6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.151, or 108.152 or 22
sub. (6) (e) or (7) (a) and (b).
115.385 (1) (intro.) of the statutes is amended to read:
(intro.) Annually Except as provided in sub. (6), annually
November 30, the department shall publish a school and school district 3
accountability report that includes all of the following components:
115.385 (6) of the statutes is created to read:
The department shall not publish a school and school district 6
accountability report under this section in the 2020-21 school year.
115.415 (1) (b) of the statutes is amended to read:
(b) For the evaluation of teachers and principals in the 2014-15
school year, the school board and the operator of a charter school established 10
under s. 118.40 (2r) may not consider pupil performance on statewide assessments 11
administered under s. 118.30 in the 2014-15
school year and may not 12
include pupil performance on those assessments in the evaluation score assigned to 13
a teacher or principal under the educator effectiveness evaluation system developed 14
under this section.
115.7915 (8m) of the statutes is created to read:
115.7915 (8m) Public health exception.
During the public health emergency 17
declared on March 12, 2020, by executive order 72, if a private school participating 18
in the program under this section is closed for at least 10 school days in a school year 19
by a local health officer, as defined in s. 250.01 (5), or the department of health 20
services, in the school year during which the school is closed and the following school 21
year, the department may not withhold payment from the private school under sub. 22
(8) (c) or bar the private school from participating in the program under sub. (8) (a) 23
for failing to comply with a requirement under this section or a rule promulgated 24
under this section if all of the following occur:
(a) The private school submits information to the department that explains 2
how the school closure impacted the private school's ability to comply with the 3
requirement and any action the private school took to mitigate the consequences of 4
not complying with the requirement.
(b) The department determines that the private school's failure to comply with 6
the requirement was caused by the closure.
115.999 (1) (d) 1. of the statutes is amended to read:
(d) 1. The school district was assigned to the lowest performance 9
category on the 2 most recent
accountability reports published for the district
s. 115.385 (1) in the 2 most recent school years
115.999 (2m) (b) 1. a. of the statutes is amended to read:
(b) 1. a. The unified school district was assigned to the lowest 13
performance category on the 3 most recent
accountability reports published for the
under s. 115.385 (1) in the 3 most recent school years