AB1156,19,98 (a) Request an opinion from the internal revenue service on the taxability of
9the benefits under federal law.
AB1156,19,1510 (b) At the time a covered individual files a claim for those benefits, advise the
11individual that those benefits may be subject to federal income taxation, that
12requirements exist under federal law pertaining to estimated tax payments, and
13that the individual may elect to have federal income taxes withheld from the
14individual's benefit payments and may change that election not more than one time
15in an application year.
AB1156,19,1916 (c) Allow the covered individual to elect to have federal income tax deducted
17and withheld from the individual's benefit payments, allow the individual to change
18that election not more than one time in an application year, and deduct and withhold
19that tax in accordance with the individual's election as provided under 26 USC 3402.
AB1156,19,2220 (d) Upon making a deduction under par. (c), transfer the amount deducted from
21the family and medical leave insurance trust fund to the federal internal revenue
22service.
AB1156,19,2523 (e) In deducting and withholding federal income taxes from a covered
24individual's benefit payments, follow all procedures specified by the federal internal
25revenue service pertaining to the deducting and withholding of federal income tax.
AB1156,20,11
1(9) Family and medical leave insurance trust fund. (a) The department shall
2determine the amount of the required contribution by each employee, self-employed
3individual who elects coverage under sub. (2), and each employer. The required
4contribution shall be based on the employee's wages or the self-employed
5individual's earnings. Except as otherwise provided in this paragraph, the required
6contribution for an employee shall be equally shared between each employee and the
7employee's employer. For an employer with 50 or fewer employees, the department
8shall establish tiers of reduced contribution rates based on the number of the
9employer's employees. No employer contribution is required from self-employed
10individuals, and such individuals shall be required to pay only one-half of the
11required contribution.
AB1156,20,1312 (b) Each employer shall withhold from the wages of its employees the amount
13determined by the department under this subsection.
AB1156,20,1814 (c) The department shall collect the contributions withheld by employers and
15employer-required contributions under par. (a) in the same manner as the
16department collects contributions to the unemployment reserve fund under s.
17108.17. Section 108.10 applies to issues regarding liability of employers for
18contributions under this subsection.
AB1156,20,2019 (d) The department shall collect contributions from self-employed individuals
20pursuant to procedures established by the department under sub. (13) (b).
AB1156,20,2321 (e) The department shall deposit contributions received under this subsection
22into the family and medical leave insurance trust fund and credit them to the
23appropriation account under s. 20.445 (1) (w).
AB1156,21,224 (f) The department shall use moneys deposited into the family and medical
25leave insurance trust fund to pay benefits under sub. (3) and to pay for the

1administration of the family and medical leave insurance program under this section
2and for no other purpose.
AB1156,21,9 3(10) Denial of claims; overpayments. (a) A covered individual whose claim for
4family or medical leave insurance benefits is denied by the department, or who
5believes that benefits approved under this section are less than what the individual
6is entitled to receive, may request a hearing on the denial or approved benefits, and
7the department shall process the request for a hearing in the same manner that
8requests for hearings on unemployment insurance claims are processed under s.
9108.09.
AB1156,21,2110 (b) If the department pays family or medical leave insurance benefits
11erroneously or as a result of willful misrepresentation, the department may seek
12repayment of those benefits in the same manner that the department recovers
13erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22
14(8), and 108.225. The department may waive recovery of an erroneous payment of
15family or medical leave insurance benefits if the erroneous payment was not the fault
16of the individual who received it and if requiring repayment would be contrary to
17equity and good conscience. If an individual willfully makes a false statement or
18representation, or willfully fails to disclose a material fact, to obtain family or
19medical leave insurance benefits under this section, the department may determine
20that the individual is disqualified from receiving those benefits for up to one year
21after the date of the disqualification.
AB1156,21,23 22(11) Prohibited acts. (a) No person may interfere with, restrain, or deny the
23exercise of any right provided under this section.
AB1156,22,324 (b) No person may discharge or otherwise discriminate or retaliate against any
25person for exercising any right provided under this section, opposing a practice

1prohibited under this section, filing a complaint or attempting to enforce any right
2provided under this section, or testifying or assisting in any action or proceeding to
3enforce any right provided under this section.
AB1156,22,74 (c) No collective bargaining agreement or employer policy may diminish or
5abridge an employee's rights under this section, including any policy regarding
6employee absences. Any agreement purporting to waive or modify an employee's
7rights under this section is void as against public policy and unenforceable.
AB1156,22,20 8(12) Enforcement. (a) Any individual who believes that his or her rights under
9this section have been interfered with, restrained, or denied in violation of sub. (11)
10(a) or that he or she has been discharged or otherwise discriminated against in
11violation of sub. (11) (b) may, within 60 days after the violation occurs or the
12individual should reasonably have known that the violation occurred, whichever is
13later, file a complaint with the department alleging the violation, and the
14department shall process the complaint in the same manner as complaints filed
15under s. 103.10 (12) (b) are processed. If the department finds that an employer has
16violated sub. (11) (a) to (c), the department may order the employer to take action to
17remedy the violation, including providing the requested family or medical leave,
18reinstating an employee, providing back pay accrued not more than 2 years before
19the complaint was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual
20attorney fees to the complainant.
AB1156,22,2521 (b) After the completion of an administrative proceeding under par. (a),
22including judicial review, an employee or the department may bring an action in
23circuit court against an employer to recover damages caused by a violation of sub.
24(11) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under
25this paragraph.
AB1156,23,3
1(13) Administration. The department shall administer the family and medical
2leave insurance program under this section. In administering the program, the
3department shall do all of the following:
AB1156,23,54 (a) Establish procedures and forms for filing claims for benefits under this
5section.
AB1156,23,76 (b) Establish procedures and forms for collecting contributions from
7self-employed individuals.
AB1156,23,88 (c) Collect demographic information of claimants.
AB1156,23,99 (d) Promulgate rules to implement this section.
AB1156,23,1210 (e) Use information sharing and integration technology to facilitate the
11exchange of information as necessary for the department to perform its duties under
12this section.
AB1156,23,1713 (f) Conduct a public outreach campaign to inform employers, employees,
14self-employed individuals, and other covered individuals regarding the family and
15medical leave insurance program under this section. Information provided under
16this paragraph shall be provided in English and in any other language customarily
17spoken by more than 20 percent of the population of this state.
AB1156,23,2118 (g) By September 1 of each year, submit a report to the governor, the joint
19committee on finance, and the appropriate standing committees of the legislature
20under s. 13.172 (3) on the family and medical leave insurance program under this
21section. The report shall include all of the following:
AB1156,23,2322 1. The projected and actual rates of participation in the program, aggregated
23by reason for use of the paid leave benefits.
AB1156,23,2424 2. The premium rates for coverage under the program.
AB1156,24,2
13. The current balance and projected balance for the upcoming year in the
2family and medical leave insurance trust fund under s. 25.52.
AB1156,24,43 4. Average duration of paid leave benefits, aggregated by reason for use of the
4paid leave benefits.
AB1156,24,55 5. Average weekly benefit amount.
AB1156,24,96 6. Aggregated demographic information about each applicant and covered
7individual who received benefits in the preceding calendar year, including age,
8gender, race, ethnicity, primary language, residential zip code, average weekly
9earnings, occupation, and employment type.
AB1156,24,1010 7. Number of appeals filed and outcomes of appeals.
AB1156,24,1311 8. For leave benefits paid to a covered individual who received benefits because
12of caring for a family member with a serious health condition, the relationship of the
13family member to the covered individual.
AB1156,24,1414 9. A description of the department's outreach efforts under par. (f).
AB1156,24,17 15(14) Records. 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:
AB1156,24,1918 (a) On the request of the individual who is the subject of the information or the
19individual's authorized representative, to the individual or representative.
AB1156,24,2220 (b) 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.
AB1156,24,2523 (c) To a public employee for use in the performance of the public employee's
24official duties in the administration of the family and medical leave insurance
25program under this section.
AB1156,25,3
1(d) 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.
AB1156,25,9 4(15) Notice posted. (a) Each employer shall post, on its website and in one or
5more conspicuous places where notices to employees are customarily posted, a notice
6in a form provided by the department setting forth employees' rights under this
7section. Each employer shall also provide annually thereafter such a written notice
8individually to each employee upon hiring the employee. Any employer that violates
9this subsection shall forfeit not more than $100 for each violation.
AB1156,25,1010 (b) The notice required under this section shall include all of the following:
AB1156,25,1211 1. An employee's right to family or medical leave insurance benefits under this
12section.
AB1156,25,1413 2. The amount of family or medical leave insurance benefits generally available
14for each employee.
AB1156,25,1515 3. The procedure for filing a claim for benefits.
AB1156,25,1716 4. The prohibition on discriminatory or retaliatory personnel actions against
17a person for applying for or receiving family or medical leave insurance benefits.
AB1156,25,1818 5. An employee's right to file a complaint for violations of this section.
AB1156,25,2219 (c) The notice required under this section shall be provided in English, the
20language typically used in communications between the employer and an individual
21employee, and any other language that is the primary language of at least 20 percent
22of employees at a workplace.
AB1156,42 23Section 42 . 103.12 (2) of the statutes is amended to read:
AB1156,26,224 103.12 (2) In this section, “employment benefit” means anything of value, other
25than wages and salary, that an employer makes available to an employee, including

1a retirement, benefit, a pension, benefit, a profit sharing , benefit, or an insurance,
2or leave
benefit. “Employment benefit” does not include a leave benefit.
AB1156,43 3Section 43 . 103.12 (3) of the statutes is amended to read:
AB1156,26,84 103.12 (3) (a) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), no
5city, village, town, or county may enact or enforce an ordinance requiring an
6employer to provide certain employment benefits to its employees, to provide a
7minimum level of employment benefits to its employees, or to prescribe the terms or
8conditions of employment benefits provided to its employees.
AB1156,26,129 (b) Except as provided in ss. 103.10 (1m) (d) and s. 103.11 (2) (d), if a city, village,
10town, or county has in effect on April 18, 2018, an ordinance requiring an employer
11to provide certain employment benefits or to provide a minimum level of employment
12benefits to its employees, the ordinance does not apply and may not be enforced.
AB1156,44 13Section 44 . 103.12 (4) of the statutes is created to read:
AB1156,26,1714 103.12 (4) Notwithstanding sub. (3), a city, village, town, or county may enact
15or enforce an ordinance requiring an employer to provide leave benefits to its
16employees if those benefits are more generous than the leave benefits provided under
17state law.
AB1156,45 18Section 45 . 111.322 (2m) (a) of the statutes is amended to read:
AB1156,26,2219 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
20right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34,
21103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
22or 103.64 to 103.82.
AB1156,46 23Section 46 . 111.322 (2m) (b) of the statutes is amended to read:
AB1156,27,224 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
25held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13,

1103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
2or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB1156,47 3Section 47 . 165.68 (1) (a) 3. of the statutes is repealed and recreated to read:
AB1156,27,64 165.68 (1) (a) 3. Conduct that is in violation of s. 940.225, 944.30 (1m), 948.02,
5948.025, 948.05, 948.051, 948.055, 948.06, 948.085, 948.09, or 948.10 or that is in
6violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB1156,48 7Section 48. 227.03 (2) of the statutes is amended to read:
AB1156,27,118 227.03 (2) Except as provided in s. ss. 103.105 (9) and (10) and 108.105, only
9the provisions of this chapter relating to rules are applicable to matters arising out
10of s. 66.191, 1981 stats., s. 40.65 (2), 289.33, 303.07 (7) or 303.21 or subch. II of ch.
11107 or ch. 102, 108 or 949.
AB1156,49 12Section 49 . Nonstatutory provisions.
AB1156,27,1613 (1) Proposed permanent rules. The department of workforce development
14shall submit in proposed form the rules required under s. 103.105 (13) (d) to the
15legislative council staff under s. 227.15 (1) no later than the first day of the 4th month
16beginning after the effective date of this subsection.
AB1156,27,1717 (2) Rule-making exceptions for permanent rules.
AB1156,27,2118 (a) Notwithstanding s. 227.135 (2), the department of workforce development
19is not required to present the statement of the scope of the rules required under s.
20103.105 (13) (d) to the department of administration for review by the department
21of administration and approval by the governor.
AB1156,27,2422 (b) Notwithstanding s. 227.185, the department of workforce development is
23not required to present the rules required under s. 103.105 (13) (d) in final draft form
24to the governor for approval.
AB1156,28,3
1(c) Notwithstanding s. 227.137 (2), the department of workforce development
2is not required to prepare an economic impact analysis for the rules required under
3s. 103.105 (13) (d).
AB1156,28,74 (d) Notwithstanding ss. 227.14 (2g) and 227.19 (3) (e), the department of
5workforce development is not required to submit the proposed rules required under
6s. 103.105 (13) (d) to the small business regulatory review board and is not required
7to prepare a final regulatory flexibility analysis for those rules.
AB1156,28,198 (3) Emergency rules. Using the procedure under s. 227.24, the department of
9workforce development shall promulgate the rules required under s. 103.105 (13) (d)
10for the period before the effective date of the permanent rules promulgated under s.
11103.105 (13) (d) but not to exceed the period authorized under s. 227.24 (1) (c), subject
12to extension under s. 227.24 (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3),
13the department is not required to provide evidence that promulgating a rule under
14this subsection as an emergency rule is necessary for the preservation of public
15peace, health, safety, or welfare and is not required to provide a finding of an
16emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24
17(1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope
18of the rules promulgated under this subsection or present the rules to the governor
19for approval.
AB1156,28,2420 (4) Family and medical leave insurance program staff. The authorized FTE
21positions for the department of workforce development are increased by 45.0 GPR
22positions in fiscal year 2023-24, and by 198.0 GPR positions in fiscal year 2024-25,
23to be funded from the appropriation under s. 20.445 (1) (w) for the purpose of
24administering the family and medical leave insurance program under s. 103.105.
AB1156,50 25Section 50. Fiscal changes.
AB1156,29,3
1(1) Transfers to family and medical leave insurance trust fund. There is
2transferred from the general fund to the family and medical leave insurance trust
3fund under s. 25.52 $258,500,000 in the 2023-25 fiscal biennium.
AB1156,51 4Section 51 . Initial applicability.
AB1156,29,75 (1) Family and medical leave insurance trust fund contributions. Except as
6provided in sub. (3), the treatment of s. 103.105 (9) first applies to wages earned after
7January 1, 2025.
AB1156,29,118 (2) Family or medical leave insurance benefits eligibility. Except as provided
9in sub. (3), the treatment of s. 103.105 (3) first applies to a period of family leave, as
10defined in s. 103.105 (1) (i), or a period of medical leave, as defined in s. 103.105 (1)
11(n), commencing on January 1, 2026.
AB1156,29,1512 (3) Collective bargaining agreements. This act first applies to an employee
13who is affected by a collective bargaining agreement that contains provisions
14inconsistent with this act on the day on which the collective bargaining agreement
15expires or is extended, modified, or renewed.
AB1156,29,1616 (End)
Loading...
Loading...