AB43,1059,223
103.06
(10) Worker classification compliance; duties of department. (intro.)
24For purposes of promoting and achieving compliance by employers with the laws
25specified in sub. (3) (a) through the proper classification of persons performing
1services for an employer as employees and nonemployees, the The department shall
2do all of the following:
AB43,1059,83
(a) Educate employers, employees, nonemployees, and the public about the
4proper classification of persons performing services for an employer as employees
5and nonemployees.
The department shall establish and maintain on the
6department's website information regarding worker classification laws,
7requirements for employers and employees, penalties for noncompliance, and
8contact information at each state agency that administers worker classification laws.
AB43,1785
9Section 1785
. 103.06 (10) (f) of the statutes is created to read:
AB43,1059,1310
103.06
(10) (f) Design and make available to employers a notice regarding
11worker classification laws, requirements for employers and employees, and
12penalties for noncompliance. The department shall promulgate rules to implement
13this paragraph.
AB43,1786
14Section 1786
. 103.06 (11) of the statutes is created to read:
AB43,1059,1815
103.06
(11) Notice. All employers shall post, in one or more conspicuous places
16where notices to employees are customarily posted, the notice designed by the
17department under sub. (10) (f). Any employer who violates this subsection shall
18forfeit not more than $100 for each offense.
AB43,1787
19Section
1787. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1)
20(a) and amended to read:
AB43,1059,2221
103.10
(1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or
22a legal ward
to whom any of the following applies:
.
AB43,1788
23Section
1788. 103.10 (1) (a) 1. of the statutes is repealed.
AB43,1789
24Section
1789. 103.10 (1) (a) 2. of the statutes is repealed.
AB43,1790
25Section
1790. 103.10 (1) (ap) of the statutes is created to read:
AB43,1060,1
1103.10
(1) (ap) “Covered active duty” means any of the following:
AB43,1060,32
1. For a member of a regular component of the U.S. armed forces, duty during
3the deployment of the member with the U.S. armed forces to a foreign country.
AB43,1060,74
2. For a member of a reserve component of the U.S. armed forces, duty during
5the deployment of the member with the U.S. armed forces to a foreign country under
6a call or order to active duty under a provision of law specified in
10 USC 101 (a) (13)
7(B).
AB43,1791
8Section
1791. 103.10 (1) (b) of the statutes is amended to read:
AB43,1060,129
103.10
(1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee"
10means an individual employed in this state by an employer, except the employer's
11parent, child, spouse, domestic partner,
or child parent, grandparent, grandchild, or
12sibling.
AB43,1792
13Section
1792. 103.10 (1) (dm) of the statutes is created to read:
AB43,1060,1414
103.10
(1) (dm) “Grandchild” means the child of a child.
AB43,1793
15Section
1793. 103.10 (1) (dp) of the statutes is created to read:
AB43,1060,1616
103.10
(1) (dp) “Grandparent” means the parent of a parent.
AB43,1794
17Section
1794. 103.10 (1) (em) of the statutes is created to read:
AB43,1060,1818
103.10
(1) (em) “Medical isolation” means any of the following:
AB43,1060,2219
1. When a health care professional, a local health officer, or the department of
20health services advises that an individual seclude herself or himself from others
21when the individual is awaiting the result of a diagnostic test for a communicable
22disease or when the individual is infected with a communicable disease.
AB43,1060,2423
2. When a local health officer or the department of health services advises that
24an individual isolate or quarantine under s. 252.06.
AB43,1061,3
13. When an individual's employer advises that the individual not come to the
2workplace due to a concern that the individual may have been exposed to or infected
3with a communicable disease.
AB43,1795
4Section
1795. 103.10 (1) (gm) of the statutes is created to read:
AB43,1061,65
103.10
(1) (gm) “Sibling” means a brother, sister, half brother, half sister,
6stepbrother, or stepsister, whether by blood, marriage, or adoption.
AB43,1796
7Section 1796
. 103.10 (1) (h) of the statutes is amended to read:
AB43,1061,98
103.10
(1) (h) “Spouse" means
an employee's legal husband or wife the person
9to whom an employee is legally married.
AB43,1797
10Section
1797. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).
AB43,1798
11Section
1798. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).
AB43,1799
12Section
1799. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).
AB43,1800
13Section
1800. 103.10 (2) (c) of the statutes is amended to read:
AB43,1061,1614
103.10
(2) (c) This section only applies to an employee who has been employed
15by the same employer for more than 52 consecutive weeks and who worked for the
16employer for at least
1,000 680 hours during the preceding 52-week period.
AB43,1801
17Section
1801. 103.10 (3) (a) of the statutes is repealed.
AB43,1802
18Section
1802. 103.10 (3) (b) 3. of the statutes is amended to read:
AB43,1061,2119
103.10
(3) (b) 3. To care for the employee's child, spouse, domestic partner,
or 20parent,
grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
or 21parent
, grandparent, grandchild, or sibling has a serious health condition.
AB43,1803
22Section
1803. 103.10 (3) (b) 4. of the statutes is created to read:
AB43,1062,223
103.10
(3) (b) 4. Because of any qualifying exigency, as determined by the
24department by rule, arising out of the fact that the spouse, child, domestic partner,
1parent, grandparent, grandchild, or sibling of the employee is on covered active duty
2or has been notified of an impending call or order to covered active duty.
AB43,1804
3Section
1804. 103.10 (3) (b) 5. of the statutes is created to read:
AB43,1062,74
103.10
(3) (b) 5. Because there is an unforeseen or unexpected short-term gap
5in childcare for the employee's child, grandchild, or sibling that the employee must
6fill. The department may define by rule “unforeseen or unexpected short-term gap
7in childcare.”
AB43,1805
8Section
1805. 103.10 (3) (b) 6. of the statutes is created to read:
AB43,1062,119
103.10
(3) (b) 6. To care for the employee's child, spouse, domestic partner,
10parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
11parent, grandparent, grandchild, or sibling is in medical isolation.
AB43,1806
12Section
1806. 103.10 (3) (b) 7. of the statutes is created to read:
AB43,1062,1513
103.10
(3) (b) 7. To address issues of the employee or the employee's child,
14spouse, domestic partner, parent, grandparent, grandchild, or sibling related to
15being the victim of domestic abuse, sexual abuse, or stalking.
AB43,1807
16Section
1807. 103.10 (4) (a) of the statutes is amended to read:
AB43,1062,2017
103.10
(4) (a) Subject to
pars. (b) and par. (c)
and sub. (4m), an employee who
18is in medical isolation or has a serious health condition which makes the employee
19unable to perform his or her employment duties may take medical leave for the
20period during which he or she is unable to perform those duties.
AB43,1808
21Section
1808. 103.10 (4) (b) of the statutes is repealed.
AB43,1809
22Section
1809. 103.10 (4m) of the statutes is created to read:
AB43,1062,2523
103.10
(4m) Duration of leave. In a 12-month period, no employee may take
24more than 12 weeks of family leave for any combination of reasons specified under
25sub. (3) or (4).
AB43,1810
1Section
1810. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB43,1063,62
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
3planned medical treatment or supervision of a child, spouse, domestic partner,
or 4parent
, grandparent, grandchild, or sibling or intends to take medical leave because
5of the planned medical treatment or supervision of the employee, the employee shall
6do all of the following:
AB43,1811
7Section
1811. 103.10 (6) (b) 1. of the statutes is amended to read:
AB43,1063,118
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
9or supervision so that it does not unduly disrupt the employer's operations, subject
10to the approval of the health care provider of the child, spouse, domestic partner,
11parent,
grandparent, grandchild, sibling, or employee.
AB43,1812
12Section
1812. 103.10 (6) (c) of the statutes is created to read:
AB43,1063,1713
103.10
(6) (c) If the employee intends to take family leave under sub. (3) (b) 4.
14that is foreseeable because the spouse, child, domestic partner, parent, grandparent,
15grandchild, or sibling of the employee is on covered active duty or has been notified
16of an impending call or order to covered active duty, the employee shall provide notice
17of that intention to the employer in a reasonable and practicable manner.
AB43,1813
18Section
1813. 103.10 (7) (a) of the statutes is amended to read:
AB43,1063,2419
103.10
(7) (a) If an employee requests family leave for a reason described in sub.
20(3) (b) 3. or requests medical leave
due to a serious health condition, the employer
21may require the employee to provide certification, as described in par. (b), issued by
22the health care provider or Christian Science practitioner of the child, spouse,
23domestic partner, parent,
grandparent, grandchild, sibling, or employee, whichever
24is appropriate.
AB43,1814
25Section
1814. 103.10 (7) (b) (intro.) of the statutes is amended to read:
AB43,1064,2
1103.10
(7) (b) (intro.) No employer may require certification
under par. (a) 2stating more than the following:
AB43,1815
3Section
1815. 103.10 (7) (b) 1. of the statutes is amended to read:
AB43,1064,54
103.10
(7) (b) 1. That the child, spouse, domestic partner, parent,
grandparent,
5grandchild, sibling, or employee has a serious health condition.
AB43,1816
6Section
1816. 103.10 (7) (cm) of the statutes is created to read:
AB43,1064,107
103.10
(7) (cm) If an employee requests family leave for a reason described in
8sub. (3) (b) 3., the employer may require the employee to provide certification that
9the employee is responsible for the care of a child, spouse, domestic partner, parent,
10grandparent, grandchild, or sibling with a serious health condition.
AB43,1817
11Section
1817. 103.10 (7) (d) of the statutes is created to read:
AB43,1064,1812
103.10
(7) (d) If an employee requests family leave under sub. (3) (b) 4., the
13employer may require the employee to provide certification that the spouse, child,
14domestic partner, parent, grandparent, grandchild, or sibling of the employee is on
15covered active duty or has been notified of an impending call or order to covered
16active duty. The certification under this paragraph shall be issued at such time and
17in such manner as the department may prescribe by rule, and the employee shall
18provide a copy of that certification to the employer in a timely manner.
AB43,1818
19Section
1818. 103.10 (7) (e) of the statutes is created to read:
AB43,1064,2420
103.10
(7) (e) If an employee requests family leave under sub. (3) (b) 5., the
21employer may require the employee to provide certification that there is an
22unforeseen or unexpected short-term gap in childcare, as defined in rule by the
23department, for the employee's child, grandchild, or sibling that the employee must
24fill. The department may prescribe by rule the form and content of the certification.
AB43,1819
25Section
1819. 103.10 (7) (f) of the statutes is created to read:
AB43,1065,10
1103.10
(7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or
2medical leave due to medical isolation, the employer may require the employee to
3provide certification issued by a local public health official, the department of health
4services, or a health care provider or Christian Science practitioner of the child,
5spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee,
6whichever is appropriate, except that no employer may require certification under
7this paragraph if the sole reason for the medical isolation is due to the employer's
8request under sub. (1) (em) 3. No employer may require certification under this
9subdivision stating more than that the child, spouse, domestic partner, parent,
10grandparent, grandchild, sibling, or employee is in medical isolation.
AB43,1065,1411
2. If an employee requests family leave under sub. (3) (b) 6., the employer may
12require the employee to provide certification that the employee is responsible for the
13care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling,
14or employee who is in medical isolation.
AB43,1820
15Section
1820. 103.10 (7) (g) of the statutes is created to read:
AB43,1065,2016
103.10
(7) (g) If an employee requests family leave under sub. (3) (b) 7., the
17employer may require the employee to provide certification that the employee is
18addressing issues of the employee or the employee's child, spouse, domestic partner,
19parent, grandparent, grandchild, or sibling related to being the victim of domestic
20abuse, sexual abuse, or stalking.
AB43,1821
21Section
1821. 103.10 (10) of the statutes is amended to read:
AB43,1066,222
103.10
(10) Alternative employment. Nothing in this section prohibits an
23employer and an employee with a serious health condition
or in medical isolation 24from mutually agreeing to alternative employment for the employee while the
25serious health condition
or medical isolation lasts. No period of alternative
1employment, with the same employer, reduces the employee's right to family leave
2or medical leave.
AB43,1822
3Section
1822. 103.10 (12) (b) of the statutes is amended to read:
AB43,1066,134
103.10
(12) (b) An employee who believes his or her employer has violated sub.
5(11) (a) or (b) may, within
30 300 days after the violation occurs or the employee
6should reasonably have known that the violation occurred, whichever is later, file a
7complaint with the department alleging the violation. Except as provided in s.
8230.45 (1m), the department shall investigate the complaint and shall attempt to
9resolve the complaint by conference, conciliation or persuasion. If the complaint is
10not resolved and the department finds probable cause to believe a violation has
11occurred, the department shall proceed with notice and a hearing on the complaint
12as provided in ch. 227. The hearing shall be held within 60 days after the department
13receives the complaint.
AB43,1823
14Section
1823. 103.10 (12) (c) of the statutes is amended to read:
AB43,1066,2115
103.10
(12) (c) If 2 or more health care providers disagree about any of the
16information required to be certified under sub. (7) (b), the department may appoint
17another health care provider to examine the child, spouse, domestic partner, parent,
18grandparent, grandchild, sibling, or employee and render an opinion as soon as
19possible. The department shall promptly notify the employee and the employer of
20the appointment. The employer and the employee shall each pay 50 percent of the
21cost of the examination and opinion.
AB43,1824
22Section
1824. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
AB43,1825
23Section
1825. 103.10 (14) (b) of the statutes is repealed.
AB43,1826
24Section 1826
. 103.105 of the statutes is created to read:
AB43,1067,2
1103.105 Family and medical leave benefits insurance program. (1) 2Definitions. In this section:
AB43,1067,53
(a) “Application year" means the 12-month period beginning on the first day
4of the first calendar week for which family or medical leave insurance benefits are
5claimed by a covered individual.
AB43,1067,176
(b) “Average weekly earnings" means one-thirteenth of the wages paid to an
7employee during the last completed calendar quarter prior to the covered
8individual's date of eligibility for benefits under this section and includes all sick,
9holiday, vacation, and termination pay that is paid directly by an employer to an
10employee at the employee's usual rate of pay during his or her last completed
11calendar quarter as a result of employment for an employer and any total or partial
12disability payments under ch. 102 or a federal law that provides for payments on
13account of a work-related injury or illness. For self-employed individuals, “
average
14weekly earnings" means one fifty-second of the gross income reported as income to
15the federal internal revenue service in the most recent tax year in which the
16individual filed taxes prior to the individual's date of eligibility for benefits under this
17section.
AB43,1067,2118
(c) “Covered individual" means an employee who satisfies s. 103.10 (2) (c), or
19a self-employed individual who elects coverage under sub. (2), regardless of whether
20the individual is employed or unemployed at the time the individual files an
21application for family or medical leave insurance benefits.
AB43,1067,2222
(d) “Employee" has the meaning given in s. 103.10 (1) (b).
AB43,1067,2323
(e) “Employer" has the meaning given in s. 103.10 (1) (c).
AB43,1068,3
1(f) “Family leave" means an individual's leave from employment,
2self-employment, or availability for employment for a reason specified in s. 103.10
3(3) (b) 1. to 7. or 103.11 (4).