LRBs0018/1
JTK&MED:kjf:rs
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 15
March 6, 2013 - Offered by Representatives Sinicki, Kahl, Ringhand, Barca,
Wachs, Bernard Schaber, Shankland, Hulsey, Vruwink, Richards, Pope,
Bewley, Hebl, Barnes, Johnson, Riemer, Sargent, Billings, Wright, Goyke
and Kolste.
AB15-ASA1,1,5 1An Act to amend 108.04 (1) (a) (intro.), 108.04 (1) (b) 1., 108.04 (2) (a) 1., 108.04
2(2) (a) 2., 108.04 (2) (a) 3. (intro.), 108.04 (2) (bm), 108.05 (1) (q) (intro.), 108.05
3(3) (a), 108.05 (3) (c) (intro.) and 108.05 (3) (dm) (intro.); and to create 108.062
4of the statutes; relating to: payment of unemployment insurance benefits
5under a work-sharing program.
Analysis by the Legislative Reference Bureau
Currently, if a claimant under the unemployment insurance (UI) law receives
no wages or certain other amounts that are treated as wages for a given week, the
claimant may receive the full benefit for that week to which the claimant is entitled
if the claimant meets eligibility requirements. However, with certain exceptions, if
a claimant earns wages or certain other amounts treated as wages in a given week,
the first $30 of the wages or other amounts are disregarded and the claimant's
weekly benefit payment is reduced by 67 percent of any remaining amount earned,
but no claimant is eligible to receive UI benefits for any week if the benefits would
be less than $5, and any wages that the claimant would have earned in any week for
work performed for his or her employer had the claimant accepted available work
from that employer are treated as wages earned for that week.
This substitute amendment permits an employer to create a work-sharing
program within a work unit of the employer. Before implementation of any program,

an employer must submit a work-share plan to the Department of Workforce
Development (DWD) and obtain DWD's approval of the plan. As a part of its
submittal, the employer must certify that its plan is in compliance with all
requirements under the law. Under the substitute amendment, a work-share
program may be in effect for no longer than six months within a five-year period and
must include at least 10 percent of and at least 20 employees in the work unit. Under
the program, the working hours of all of the full-time employees in the program are
reduced in an equitable manner in lieu of a total layoff of some of the employees and
a continuation of full-time employment by the other employees. The substitute
amendment provides that a claimant who is included in a work-share program may
receive UI benefits during his or her continued employment with the work-sharing
employer in an amount equal to the claimant's benefit for total unemployment
multiplied by the same percentage reduction in normal working hours that the
claimant incurs under the program, or the benefit that would be payable to the
claimant under the current formula for payment of UI benefits for partial
unemployment, whichever is higher. A claimant who begins receiving UI benefits
before the effective period of a work-share program and who remains eligible for
benefits is eligible to receive work-share benefits up to the total amount of the
claimant's benefit entitlement and a claimant who has remaining benefit
entitlement after the effective period of a work-share program and who remains
eligible for UI benefits may continue to receive benefits until the entitlement is
exhausted. The substitute amendment does not affect eligibility for supplemental
UI benefits such as federal/state extended benefits, Wisconsin supplemental
benefits, and special additional federal benefits in the full amounts that would
otherwise be payable.
The substitute amendment provides that if there is a single representative of
the employees who are proposed to be included under a work-share program, the
plan is subject to the approval of that representative. Under the substitute
amendment, a work-share program must exclude participation by employees who
are employed on a regular part-time, seasonal, temporary, or intermittent basis and
may only apply to employees who have been engaged in employment with the
employer for at least three months before the effective period of the program and who
have been regularly employed in that employment for an average of at least 32 hours
per week during that period. The substitute amendment provides that an employer
that creates a work-share program must maintain retirement plan and health
insurance coverage for employees who are included in the program during the
effective period of the program under the same terms and conditions as if the
employees were not included under the program. The substitute amendment
permits DWD to revoke its approval of a work-share plan for specified reasons and
also permits an employer to terminate a work-share program before the end of its
scheduled effective period.
Currently, with certain exceptions, a claimant is eligible for UI benefits for any
week in which the claimant earns no wages only if the claimant is available for work
within that week, is registered for work during that week, and conducts a reasonable
search for suitable work during that week. This substitute amendment provides that

a claimant who is receiving UI benefits for any week in which he or she is included
in a work-share program need not be available for work in that week other than for
the normal hours of work that the employer worked for the work-share employer
immediately before the effective period of the work-share program. The substitute
amendment also provides that the requirements to register for work and conduct a
reasonable search for suitable work are waived during each week that an employee
included in a work-share agreement is receiving benefits, during the effective period
of the agreement.
Under recent federal legislation, the federal government participates in the
cost of administration of qualifying work-share programs and payment of benefits
to participating employees. The substitute amendment directs DWD to seek full
federal financial participation in the payment of these costs by this state.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB15-ASA1,1 1Section 1. 108.04 (1) (a) (intro.) of the statutes is amended to read:
AB15-ASA1,3,42 108.04 (1) (a) (intro.) If Except as provided in s. 108.062 (10), if an employee
3is with due notice called on by his or her current employing unit to report for work
4actually available within a given week and is unavailable for, or unable to perform:
AB15-ASA1,2 5Section 2. 108.04 (1) (b) 1. of the statutes is amended to read:
AB15-ASA1,3,126 108.04 (1) (b) 1. Except as provided in subd. 2. and s. 108.062 (10), if an
7employee's employment is suspended by the employee or the employee's employer or
8an employee is terminated by the employee's employer, due to the employee's
9unavailability for work or inability to perform suitable work otherwise available
10with the employee's employer, or if the employee is on a leave of absence, the
11employee is ineligible for benefits while the employee is unable to work or
12unavailable for work.
AB15-ASA1,3 13Section 3. 108.04 (2) (a) 1. of the statutes is amended to read:
AB15-ASA1,3,1514 108.04 (2) (a) 1. The Except as provided in s. 108.062 (10), the individual is able
15to work and available for work during that week;
AB15-ASA1,4
1Section 4. 108.04 (2) (a) 2. of the statutes is amended to read:
AB15-ASA1,4,32 108.04 (2) (a) 2. As Except as provided in s. 108.062 (10m), as of that week, the
3individual has registered for work; and
AB15-ASA1,5 4Section 5. 108.04 (2) (a) 3. (intro.) of the statutes is amended to read:
AB15-ASA1,4,145 108.04 (2) (a) 3. (intro.) The individual conducts a reasonable search for
6suitable work during that week, unless the search requirement is waived under par.
7(b) or s. 108.062 (10m). The search for suitable work must include 2 actions that
8constitute a reasonable search as prescribed by rule of the department. This
9subdivision does not apply to an individual if the department determines that the
10individual is currently laid off from employment with an employer but there is a
11reasonable expectation of reemployment of the individual by that employer. In
12determining whether the individual has a reasonable expectation of reemployment
13by an employer, the department shall request the employer to verify the individual's
14employment status and shall also consider other factors, including:
AB15-ASA1,6 15Section 6. 108.04 (2) (bm) of the statutes is amended to read:
AB15-ASA1,4,2016 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for
17which there is a determination that the claimant failed to conduct a reasonable
18search for suitable work and the department has not waived the search requirement
19under par. (b) or s. 108.062 (10m). If the department has paid benefits to a claimant
20for any such week, the department may recover the overpayment under s. 108.22 (8).
AB15-ASA1,7 21Section 7. 108.05 (1) (q) (intro.) of the statutes is amended to read
AB15-ASA1,5,1022 108.05 (1) (q) (intro.) Each Except as provided in s. 108.062 (6), each eligible
23employee shall be paid benefits for each week of total unemployment that
24commences on or after January 4, 2009, at the weekly benefit rate specified in this
25paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4 percent

1of the employee's base period wages that were paid during that quarter of the
2employee's base period in which the employee was paid the highest total wages,
3rounded down to the nearest whole dollar, except that, if that amount is less than the
4minimum amount shown in the following schedule, no benefits are payable to the
5employee and, if that amount is more than the maximum amount shown in the
6following schedule, the employee's weekly benefit rate shall be the maximum
7amount shown in the following schedule and except that, if the employee's benefits
8are exhausted during any week under s. 108.06 (1), the employee shall be paid the
9remaining amount of benefits payable to the employee in lieu of the amount shown
10in the following schedule: [See Figure 108.05 (1) (q) following]
AB15-ASA1,8 11Section 8. 108.05 (3) (a) of the statutes is amended to read:
AB15-ASA1,5,2512 108.05 (3) (a) Except as provided in pars. (c), (d) and (dm) and s. 108.062, if an
13eligible employee earns wages in a given week, the first $30 of the wages shall be
14disregarded and the employee's applicable weekly benefit payment shall be reduced
15by 67% of the remaining amount, except that no such employee is eligible for benefits
16if the employee's benefit payment would be less than $5 for any week. For purposes
17of this paragraph, "wages" includes any salary reduction amounts earned that are
18not wages and that are deducted from the salary of a claimant by an employer
19pursuant to a salary reduction agreement under a cafeteria plan, within the meaning
20of 26 USC 125, and any amount that a claimant would have earned in available work
21under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes
22any amount that a claimant earns for services performed as a volunteer fire fighter,
23volunteer emergency medical technician, or volunteer first responder. In applying
24this paragraph, the department shall disregard discrepancies of less than $2
25between wages reported by employees and employers.
AB15-ASA1,9
1Section 9. 108.05 (3) (c) (intro.) of the statutes is amended to read:
AB15-ASA1,6,52 108.05 (3) (c) (intro.) A Except when otherwise authorized in an approved
3work-share program under s. 108.062, a
claimant is ineligible to receive any benefits
4for a week in which one or more of the following applies to the claimant for 32 or more
5hours in that week:
AB15-ASA1,10 6Section 10. 108.05 (3) (dm) (intro.) of the statutes is amended to read:
AB15-ASA1,6,97 108.05 (3) (dm) (intro.) A Except when otherwise authorized in an approved
8work-share program under s. 108.062, a
claimant is ineligible to receive any benefits
9for a week if the claimant receives from one or more employers:
AB15-ASA1,11 10Section 11. 108.062 of the statutes is created to read:
AB15-ASA1,6,12 11108.062 Work-share programs; benefit payments. (1) Definitions. In
12this section:
AB15-ASA1,6,1713 (a) "Regular benefits" means benefits payable to an individual under this
14chapter or any other state law, including benefits payable to federal civilian
15employees and to former military personnel pursuant to 5 USC ch. 85, other than
16Wisconsin supplemental benefits, extended benefits, and additional benefits as
17defined in P.L. 91-373.
AB15-ASA1,6,2018 (b) "Work-share program" means a program approved by the department
19under which the hours of work of employees in a work unit are reduced in lieu of a
20layoff of one or more employees in the work unit.
AB15-ASA1,6,2321 (c) "Work unit" means an operational unit of employees designated by an
22employer for purposes of a work-share program, which may include more than one
23work site.
AB15-ASA1,7,3 24(2) Elements of plan. Any employer may create a work-share program. Prior
25to implementing a work-share program, an employer shall submit a work-share

1plan for the approval of the department. In its submittal, the employer shall certify
2that its plan is in compliance with all requirements under this section. Each plan
3shall:
AB15-ASA1,7,64 (a) Specify the work unit in which the plan will be implemented, the affected
5positions, and the names of the employees filling those positions on the date of
6submittal.
AB15-ASA1,7,87 (b) Provide for inclusion of at least 10 percent of the employees in the affected
8work unit on the date of submittal.
AB15-ASA1,7,109 (c) Provide for initial coverage under the plan of at least 20 positions that are
10filled on the effective date of the work-share program.
AB15-ASA1,7,1211 (d) Specify the period when the plan will be in effect, which may not exceed 6
12months in any 5-year period within the same work unit.
AB15-ASA1,7,1413 (e) Provide for apportionment of reduced working hours equitably among
14employees in the work-share program.
AB15-ASA1,7,1615 (f) Exclude participation by employees who are employed on a regular
16part-time, seasonal, temporary, or intermittent basis.
AB15-ASA1,7,2017 (g) Apply only to employees who have been engaged in employment with the
18employer for a period of at least 3 months on the effective date of the work-share
19program and who are regularly employed by the employer in that employment for
20an average of at least 32 hours per week during that period.
AB15-ASA1,7,2521 (h) Specify the normal average hours per week worked by the employees in the
22work unit and the intended reduction or range of reduction in the average hours of
23work per week worked by the employees under the plan, which shall be at least 10
24percent but not more than 50 percent of the normal hours per work of the employees
25included under the plan.
AB15-ASA1,8,3
1(i) Describe the manner in which requirements for maximum federal financial
2participation in the plan will be implemented, including a plan for giving notice,
3where feasible, to participating employees of changes in work schedules.
AB15-ASA1,8,54 (j) Provide an estimate of the number of layoffs that would occur without
5implementation of the plan.
AB15-ASA1,8,86 (k) Specify the effect on any fringe benefits provided by the employer to the
7employees who are included in the work-share program other than fringe benefits
8required by law.
AB15-ASA1,8,119 (L) Include a statement signed by the authorized agent of any representative
10of the employees included in the work-share program to the effect that the
11representative has approved the plan whenever approval is required under sub. (13).
AB15-ASA1,8,1312 (m) Include a statement affirming that the plan is in compliance with all
13employer obligations under applicable federal and state laws.
AB15-ASA1,8,16 14(3) Approval of plans. The department shall approve a plan if the plan
15includes all of the elements specified in sub. (2). The approval is effective for the
16effective period of the plan.
AB15-ASA1,8,23 17(4) Effective period. A work-share program becomes effective on the later of
18the Sunday of the 2nd week beginning after approval of a work-share plan under
19sub. (3) or any Sunday after that day specified in the plan. A work-share program
20ends on the earlier of the last Sunday that precedes the end of the 6-month period
21beginning on the effective date of the program or any Sunday before that day
22specified in the plan unless the program terminates on an earlier date under sub. (5),
23(14), or (15).
AB15-ASA1,9,5 24(5) Revocation of approval. The department may revoke its approval of a
25work-share plan for good cause, including conduct that tends to defeat the purpose

1and effective operation of the plan, failure to comply with the requirements of this
2section or the work-share plan, or an unreasonable change to the productivity
3standards of the employees included under the work-share program. Any revocation
4is effective on the Sunday of the 2nd week beginning after revocation of approval of
5the plan under this subsection.
AB15-ASA1,9,12 6(6) Benefit amount. Except as provided in sub. (7), an employee who is
7included under a work-share program and who qualifies to receive regular benefits
8for any week during the effective period of the program shall receive a benefit
9payment for each week that the employee is included under the program in an
10amount equal to the employee's regular benefit amount under s. 108.05 (1)
11multiplied by the employee's proportionate reduction in hours worked for that week
12as a result of the work-share program.
AB15-ASA1,9,16 13(7) Benefits for partial unemployment. An employee who would otherwise be
14paid benefits under s. 108.05 (3) for any week shall receive a benefit payment for that
15week in the amount payable to the employee under sub. (6) or the amount payable
16to the employee under s. 108.05 (3), whichever is higher.
AB15-ASA1,9,21 17(8) Benefit year. An employee may be paid a benefit under sub. (6) only for
18weeks beginning in the employee's benefit year in an amount not exceeding the
19employee's total benefit entitlement under s. 108.06 (1). Benefits paid under sub. (6)
20may begin after the first week of the employee's benefit year or may terminate earlier
21than the last week of the employee's benefit year.
AB15-ASA1,9,25 22(9) Other benefits. An employee who receives benefits under sub. (6) remains
23eligible for any benefits other than regular benefits for which the employee may
24qualify and the amount of those benefits is not affected by the employee's receipt of
25benefits under sub. (6).
AB15-ASA1,10,5
1(10) Availability for work. An employee who is receiving benefits under sub.
2(6) for any week need not be available for work in that week other than for the normal
3hours of work that the employee worked for the employer that creates the
4work-share program immediately before the week in which the work-share program
5began.
AB15-ASA1,10,9 6(10m) Registration for work and work search. The department shall waive
7the requirements to register for work under s. 108.04 (2) (a) 2. and to conduct a search
8for work under s. 108.04 (2) (a) 3. for an employee during each week that the
9employee is receiving benefits under a work-share agreement under sub. (6).
AB15-ASA1,10,12 10(11) Other employment. An employee who is included in a work-share
11program during a benefit year may be paid wages during the same benefit year by
12an employer other than the employer who creates the work-share program.
AB15-ASA1,10,19 13(12) Retirement plan and health insurance coverage. An employer that
14creates a work-share program shall maintain coverage under any defined benefit or
15defined contribution retirement plan and any health insurance coverage that the
16employer provides to the employees who are included in a work-share program,
17including any particulars of coverage and percentages contributed by the employer
18for the costs of that coverage, during the effective period of the program under the
19same terms and conditions as if the employees were not included in the program.
AB15-ASA1,10,22 20(13) Approval by employee representative. If there is a single representative
21representing some or all of the employees who are included in a work-share plan, the
22plan is subject to approval of that representative.
AB15-ASA1,11,4 23(14) Termination by employer. An employer that creates a work-share
24program may terminate the program before the end of the effective period as
25provided in the work-share plan by filing notice of termination with the department.

1The program is then terminated on the 2nd Sunday following the date that the notice
2of termination is filed unless the notice specifies that the program is terminated at
3the beginning of a later week in which case the program terminates at the beginning
4of that week.
AB15-ASA1,11,7 5(15) Involuntary termination. If in any week there are fewer than 20
6employees who are included in a work-share program of any employer, the program
7terminates on the 2nd Sunday following the end of that week.
AB15-ASA1,11,14 8(16) Successorship. If all or any part of the business of an employer that
9creates a work-share program is transferred as provided in s. 108.16 (8), the
10successor employer may continue the work-share program as provided in the
11work-share plan or may terminate the program by filing notice of termination under
12sub. (14). Termination by a successor employer does not affect any employees of the
13transferring employer who continue their employment with the transferring
14employer.
AB15-ASA1,11,19 15(17) Termination of employment. An employee who is included in a
16work-share program may be terminated or may voluntarily terminate his or her
17employment during the effective period of the program and the employee's eligibility
18or ineligibility for benefits for any weeks beginning after the date of termination is
19not affected solely as a result of the employee's inclusion in the program.
AB15-ASA1,11,23 20(18) Federal financial participation. The department shall seek to qualify
21this state for full federal participation in the cost of administration of this section and
22financing of benefits to employees participating in work-share programs under this
23section.
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