Amendment ASA1-AB614

AB614-ASA1,3,11 103.10 (1) (f) "Parent" means a natural biological parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employe or an employe's spouse or a person who stood in the place of a parent of the employe or the employe's spouse when the employe or spouse was a child.

AB614-ASA1, s. 6 Section 6. 103.10 (1) (g) (intro.) of the statutes is amended to read:

AB614-ASA1,3,15 103.10 (1) (g) (intro.) "Serious health condition" means a disabling physical or mental an illness, injury, impairment or physical or mental condition involving any of the following:

AB614-ASA1, s. 7 Section 7. 103.10 (1) (g) 2. of the statutes is amended to read:

AB614-ASA1,3,18 103.10 (1) (g) 2. Outpatient care that requires continuing Continuing treatment or supervision by a health care provider.

AB614-ASA1, s. 8 Section 8. 103.10 (2) (c) of the statutes is amended to read:

AB614-ASA1,3,23 103.10 (2) (c) This section only applies to an employe who has been employed for more than 52 consecutive weeks by the same employer for more than 52 consecutive weeks from whom leave under sub. (3) is requested and who worked for the that employer for at least 1,000 hours during the preceding 52-week period.

AB614-ASA1, s. 9 Section 9. 103.10 (3) (title) of the statutes is amended to read:

AB614-ASA1,3,25 103.10 (3) (title) Family Entitlement to leave.

AB614-ASA1, s. 10 Section 10. 103.10 (3) (a) 1. of the statutes is renumbered 103.10 (3) (intro.) and amended to read:

AB614-ASA1,4,5 103.10 (3) (intro.) In a 12-month period no an employe may take more than 6 12 weeks of family leave under par. (b) 1. and 2. for any one or more of the following reasons:

AB614-ASA1, s. 11 Section 11. 103.10 (3) (a) 2. of the statutes is repealed.

AB614-ASA1, s. 12 Section 12. 103.10 (3) (a) 3. of the statutes is repealed.

AB614-ASA1, s. 13 Section 13. 103.10 (3) (b) (intro.) of the statutes is repealed.

AB614-ASA1, s. 14 Section 14. 103.10 (3) (b) 1. of the statutes is renumbered 103.10 (3) (a) and amended to read:

AB614-ASA1,4,12 103.10 (3) (a) The birth of the employe's natural child, if the leave begins within 16 weeks of 12 months before or after the child's birth.

AB614-ASA1, s. 15 Section 15. 103.10 (3) (b) 2. of the statutes is renumbered 103.10 (3) (b) and amended to read:

AB614-ASA1,4,17 103.10 (3) (b) The placement of a child with the employe for adoption or as a precondition to adoption under s. 48.90 (2), but not both, or for foster care, if the leave begins within 16 weeks of 12 months before or after the child's placement.

AB614-ASA1, s. 16 Section 16. 103.10 (3) (b) 3. of the statutes is renumbered 103.10 (3) (c).

AB614-ASA1, s. 17 Section 17. 103.10 (3) (c) of the statutes is repealed.

AB614-ASA1, s. 18 Section 18. 103.10 (3) (d) of the statutes is renumbered 103.10 (4g) (a).

AB614-ASA1, s. 19 Section 19. 103.10 (4) (title) of the statutes is repealed.

AB614-ASA1, s. 20 Section 20. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (d) and amended to read:

AB614-ASA1,5,2 103.10 (3) (d) Subject to pars. (b) and (c), an employe who has a A serious health condition which that makes the employe unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties the functions of the employe's position.

AB614-ASA1, s. 21 Section 21. 103.10 (4) (b) of the statutes is repealed.

AB614-ASA1, s. 22 Section 22. 103.10 (4) (c) of the statutes is renumbered 103.10 (4g) (b).

AB614-ASA1, s. 23 Section 23. 103.10 (4g) (title) of the statutes is created to read:

AB614-ASA1,5,6 103.10 (4g) (title) Scheduling of leave.

AB614-ASA1, s. 24 Section 24. 103.10 (6) (a) of the statutes is amended to read:

AB614-ASA1,5,15 103.10 (6) (a) If an employe intends to take family leave for the reasons in under sub. (3) (b) 1. or 2. (a) or (b) that is foreseeable because of the expected birth or placement of a child, the employe shall, in a reasonable and practicable manner, give the employer advance notice of the expected birth or placement employe's intention to take that leave not less than 30 days before the date the leave is to begin, except that if the date of the birth or placement requires the leave to begin in less than 30 days, the employe shall provide notice to the employer in a reasonable and practicable manner.

AB614-ASA1, s. 25 Section 25. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB614-ASA1,5,21 103.10 (6) (b) (intro.) If an employe intends to take family leave because of under sub. (3) (c) or (d) that is foreseeable based on the planned medical treatment or supervision of the employe or of a child, spouse or parent or intends to take medical leave because of the planned medical treatment or supervision of the employe, the employe shall do all of the following:

AB614-ASA1, s. 26 Section 26. 103.10 (6) (b) 1. of the statutes is amended to read:

AB614-ASA1,5,25 103.10 (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, parent or employe.

AB614-ASA1, s. 27 Section 27. 103.10 (6) (b) 2. of the statutes is amended to read:

AB614-ASA1,6,6 103.10 (6) (b) 2. Give the employer advance notice of the medical treatment or supervision employe's intention to take that leave not less than 30 days before the leave is to begin, except that if the date of the treatment requires the leave to begin in less than 30 days, the employe shall provide notice to the employer in a reasonable and practicable manner.

AB614-ASA1, s. 28 Section 28. 103.10 (7) (a) of the statutes is amended to read:

AB614-ASA1,6,13 103.10 (7) (a) If an employe requests family leave for a reason described in under sub. (3) (b) 3. or requests medical leave (c) or (d), the employer may require the employe to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, parent or employe, whichever is appropriate, and the employe shall provide a copy of that certification to the employer in a timely manner.

AB614-ASA1, s. 29 Section 29. 103.10 (7) (b) 4. of the statutes is amended to read:

AB614-ASA1,6,17 103.10 (7) (b) 4. If the employe requests medical leave, an explanation of the extent to which under sub. (3) (d), a statement that the employe is unable to perform his or her employment duties the functions of the employe's position.

AB614-ASA1, s. 30 Section 30. 103.10 (7) (c) of the statutes is renumbered 103.10 (7) (c) 1. and amended to read:

AB614-ASA1,6,23 103.10 (7) (c) 1. The If the employer has reason to doubt the validity of a certification provided under par. (a), the employer may require the employe to obtain the opinion of a 2nd health care provider, chosen designated, or approved, and paid for by the employer, concerning any information certified under par. (b).

AB614-ASA1, s. 31 Section 31. 103.10 (7) (c) 2. of the statutes is created to read:

AB614-ASA1,7,2 103.10 (7) (c) 2. A health care provider designated or approved under subd. 1. may not be employed on a regular basis by the employer.

AB614-ASA1, s. 32 Section 32. 103.10 (7) (d) of the statutes is created to read:

AB614-ASA1,7,9 103.10 (7) (d) If a 2nd opinion obtained under par. (c) 1. differs from the opinion in the certification provided under par. (a), the employer may require the employe to obtain the opinion of a 3rd health care provider, designated, or approved, by the employer and employe jointly and paid for by the employer, concerning any information certified under par. (b). The employer and employe shall accept the 3rd opinion obtained under this paragraph as final and binding upon them.

AB614-ASA1, s. 33 Section 33. 103.10 (7) (e) of the statutes is created to read:

AB614-ASA1,7,12 103.10 (7) (e) The employer may require that an employe obtain recertifications after the original certification under par. (b) on a reasonable basis.

AB614-ASA1, s. 34 Section 34. 103.10 (8) (a) of the statutes is amended to read:

AB614-ASA1,7,16 103.10 (8) (a) Subject to par. (c) (d), when an employe returns from who takes family leave or medical leave returns from that leave, his or her employer shall immediately place the employe in an employment position as follows:

AB614-ASA1,7,19 1. If In the employment position which the employe held immediately before when the family leave or medical leave began is vacant when the employe returns, in that position.

AB614-ASA1,7,24 2. If the employment position which the employe held immediately before the family leave or medical leave began is not vacant when the employe returns, in In an equivalent employment position having equivalent compensation, employment benefits, working shift, hours of employment and other terms and conditions of employment.

AB614-ASA1, s. 35 Section 35. 103.10 (8) (b) of the statutes is amended to read:

AB614-ASA1,8,4 103.10 (8) (b) No employer may, because an employe received family leave or medical leave, reduce or deny an employment benefit which accrued to the employe before his or her leave began or, consistent with sub. (9), accrued after his or her leave began.

AB614-ASA1, s. 36 Section 36. 103.10 (8) (c) of the statutes is repealed and recreated to read:

AB614-ASA1,8,8 103.10 (8) (c) An employer may require an employe who is on family or medical leave to report periodically to the employer on the employe's status and intention of returning to work.

AB614-ASA1, s. 37 Section 37. 103.10 (8) (d) of the statutes is created to read:

AB614-ASA1,8,13 103.10 (8) (d) Notwithstanding par. (a), an employer may adopt a uniformly applied practice or policy that requires an employe who is returning from leave under sub. (3) (d) to obtain a certification from the employe's health care provider that the employe is able to return to work.

AB614-ASA1, s. 38 Section 38. 103.10 (9) (b) of the statutes is amended to read:

AB614-ASA1,8,23 103.10 (9) (b) Subject to par. (c), during a period that an employe takes family leave or medical leave, his or her employer shall maintain group health insurance coverage at the level and under the conditions that applied immediately before the family leave or medical leave began. If the employe continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employe had not taken the family leave or medical the employer would have provided coverage if the employe had continued in employment continuously during that leave.

AB614-ASA1, s. 39 Section 39. 103.10 (9) (c) of the statutes is repealed and recreated to read:

AB614-ASA1,9,7 103.10 (9) (c) An employer may recover from an employe the premium paid by the employer to maintain group health insurance coverage for the employe during a period of unpaid family leave or medical leave if the employe fails to return from that leave after the period of leave to which the employe is entitled has expired for a reason other than the continuation, recurrence or onset of a serious health condition that entitles the employe to leave under sub. (3) (c) or (d) or other circumstances beyond the control of the employe.

AB614-ASA1, s. 40 Section 40. 103.10 (9) (d) of the statutes is repealed and recreated to read:

AB614-ASA1,9,16 103.10 (9) (d) If an employe claims that he or she is unable to return to work because of the continuation, recurrence or onset of a serious health condition that entitles the employe to leave under sub. (3) (d), the employer may require the employe to provide certification issued by the health care provider or Christian Science practitioner that a serious health condition prevented the employe from being able to perform the functions of the employe's position on the day that the employe's leave expired. The employe shall provide a copy of the certification under this paragraph to the employer in a timely manner.

AB614-ASA1, s. 41 Section 41. 103.10 (11) (c) of the statutes is repealed and recreated to read:

AB614-ASA1,9,21 103.10 (11) (c) 1. No person may discharge or in any manner discriminate against any individual for filing a complaint or attempting to enforce any right under this section or for testifying or assisting in any action or proceeding to enforce any right under this section.

AB614-ASA1,9,24 2. No person may discharge or in any manner discriminate against any individual because that person believes that the individual has engaged or may engage in an activity described in subd. 1.

AB614-ASA1, s. 42 Section 42. 103.10 (11) (d) of the statutes is created to read:

AB614-ASA1,10,3 103.10 (11) (d) Notwithstanding pars. (a) to (c), any action taken by an employer to comply with 29 USC 2601 to 2654 is not considered to be a violation of this section.

AB614-ASA1, s. 43 Section 43. 103.10 (12) (b) of the statutes is amended to read:

AB614-ASA1,10,16 103.10 (12) (b) An employe who believes that his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employe should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. A complaint under this subsection may be filed no later than 300 days after the date of the last event constituting the alleged violation for which the complaint is brought. Except as provided in s. 230.45 (1m), the department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB614-ASA1, s. 44 Section 44. 103.10 (12) (c) of the statutes is repealed.

AB614-ASA1, s. 45 Section 45. 103.10 (12) (d) of the statutes is amended to read:

AB614-ASA1,10,25 103.10 (12) (d) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it may order the employer to take action to remedy the violation, including providing requested family leave or medical leave, reinstating an employe, promoting an employe, providing back pay accrued not more than 2 years before the complaint was filed and employment benefits to an employe and paying reasonable actual attorney fees to the complainant.

AB614-ASA1, s. 46 Section 46. 103.10 (12) (e) of the statutes is created to read:

AB614-ASA1,11,4 103.10 (12) (e) Any respondent or complainant who is dissatisfied with the findings and order of the examiner may file a written petition with the department for review by the commission of the findings and order.

AB614-ASA1, s. 47 Section 47. 103.10 (12) (f) of the statutes is created to read:

AB614-ASA1,11,15 103.10 (12) (f) If no petition is filed within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent, the findings and order shall be considered final. If a timely petition is filed, the commission, on review, may either affirm, reverse or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and orders it may extend the time another 21 days for filing the petition with the department.

AB614-ASA1, s. 48 Section 48. 103.10 (12) (g) of the statutes is created to read:

AB614-ASA1,11,23 103.10 (12) (g) On motion, the commission may set aside, modify or change any decision made by the commission, at any time within 28 days from the date thereof if it discovers any mistake therein, or upon the grounds of newly discovered evidence. The commission may on its own motion, for reasons it considers sufficient, set aside any final decision of the commission within one year after the date thereof upon grounds of mistake or newly discovered evidence, and remand the case to the department for further proceedings.

AB614-ASA1, s. 49 Section 49. 103.10 (13) (a) of the statutes is amended to read:

AB614-ASA1,12,5 103.10 (13) (a) An employe or the department may bring an action in circuit court against an employer on behalf of the employe, or on behalf of the employe and other employes similarly situated, to recover damages, as described in par. (c), caused by a violation of sub. (11) after the completion of an administrative proceeding, including judicial review, concerning the same violation.

AB614-ASA1, s. 50 Section 50. 103.10 (13) (b) (intro.) and 1. of the statutes are consolidated, renumbered 103.10 (13) (b) and amended to read:

AB614-ASA1,12,11 103.10 (13) (b) An action under par. (a) shall be commenced within the later of the following periods, or be barred: 1. Within 60 days from after the completion of an administrative proceeding, including judicial review, concerning the same violation, or be barred.

AB614-ASA1, s. 51 Section 51. 103.10 (13) (b) 2. of the statutes is repealed.

AB614-ASA1, s. 52 Section 52. 103.10 (13) (c) of the statutes is created to read:

AB614-ASA1,12,19 103.10 (13) (c) If a circuit court finds that an employer has violated sub. (11), it may order the employer to take action to remedy the violation, including providing requested family leave or medical leave, reinstating an employe, promoting an employe and paying reasonable actual attorney fees to the complainant, notwithstanding s. 814.04 (1), and to pay all of the following damages to the affected employe:

AB614-ASA1,12,25 1. Damages equal to the amount of any wages, salary, employment benefits or other compensation that was denied to or lost by the employe because of the violation or, if the employe has not lost or been denied any wages, salary, employment benefits or other compensation, any actual monetary losses sustained by the employe as a direct result of the violation up to a sum equal to 12 weeks of wages or salary for the employe.

AB614-ASA1,13,6 2. As liquidated damages, an amount equal to the damages described in subd. 1., except that the court may reduce the amount of damages that the employer is liable for to the amount described in subd. 1. if the employer shows that the act or omission that was in violation of sub. (11) was in good faith and that the employer had reasonable grounds to believe that the act or omission was not a violation of sub. (11).