Amendment SA1-SB517

LRBa2044/1

KRP&MED:klm

2015 - 2016 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 517

February 9, 2016 - Offered by Senators Ringhand, Miller, Carpenter, Erpenbach, Risser, Shilling, Lassa, L. Taylor and C. Larson.

SB517-SA1,1,1 At the locations indicated, amend the bill as follows:

SB517-SA1,1,6 1. Page 1, line 3: before "and" insert "; the establishment of a family and medical leave insurance program; family leave to care for a grandparent, grandchild, or sibling and for the active duty of a family member; the employers that are required to permit an employee to take family or medical leave; granting rule-making authority; making an appropriation;".

SB517-SA1,1,7 2. Page 3, line 1: before that line insert:

SB517-SA1,1,8 " Section 1b. 20.445 (1) (w) of the statutes is created to read:

SB517-SA1,1,13 20.445 (1) (w) Family and medical leave insurance trust fund. From the family and medical leave insurance trust fund, all moneys deposited in that fund under s. 103.12 (7) for the payments of family or medical leave insurance benefits under s. 103.12 (2) (c) and for the administration of the family or medical leave insurance program under s. 103.12.

SB517-SA1,1bm Section 1bm. 25.17 (1) (er) of the statutes is created to read:

SB517-SA1,2,2 25.17 (1) (er) Family and medical leave insurance trust fund (s. 25.52);

SB517-SA1,1c Section 1c. 25.52 of the statutes is created to read:

SB517-SA1,2,7 25.52 Family and medical leave insurance trust fund. There is created a separate nonlapsible trust fund designated as the family and medical leave insurance trust fund, to consist of all moneys deposited in that fund under s. 103.12 (7).

SB517-SA1,1cm Section 1cm. 71.05 (6) (b) 53. of the statutes is created to read:

SB517-SA1,2,12 71.05 (6) (b) 53. For taxable years beginning after December 31, 2019, any amount of family or medical leave insurance benefits received by a covered individual, as defined in s. 103.12 (1) (d), in the taxable year to which the subtraction relates.

SB517-SA1,1d Section 1d. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

SB517-SA1,2,16 103.10 (1) (a) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: .

SB517-SA1,1dm Section 1dm. 103.10 (1) (a) 1. of the statutes is repealed.

SB517-SA1,1e Section 1e. 103.10 (1) (a) 2. of the statutes is repealed.

SB517-SA1,1em Section 1em. 103.10 (1) (ap) of the statutes is created to read:

SB517-SA1,2,20 103.10 (1) (ap) "Covered active duty" means any of the following:

SB517-SA1,2,22 1. In the case of a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

SB517-SA1,3,2 2. In the case of a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

SB517-SA1,1f Section 1f. 103.10 (1) (b) of the statutes is amended to read:

SB517-SA1,3,6 103.10 (1) (b) Except as provided in sub. (1m) (b) 2., "employee" means an individual employed in this state by an employer, except the employer's parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

SB517-SA1,1fm Section 1fm. 103.10 (1) (c) of the statutes is amended to read:

SB517-SA1,3,13 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., "employer" means a person engaging in any activity, enterprise, or business in this state employing at least 50 25 individuals on a permanent basis. "Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

SB517-SA1,1g Section 1g. 103.10 (1) (dm) of the statutes is created to read:

SB517-SA1,3,15 103.10 (1) (dm) "Grandchild" means the child of a child.

SB517-SA1,1gm Section 1gm. 103.10 (1) (dp) of the statutes is created to read:

SB517-SA1,3,17 103.10 (1) (dp) "Grandparent" means the parent of a parent.

SB517-SA1,1h Section 1h. 103.10 (1) (gm) of the statutes is created to read:

SB517-SA1,3,20 103.10 (1) (gm) "Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

SB517-SA1,1hm Section 1hm. 103.10 (1m) (b) 4. of the statutes is amended to read:

SB517-SA1,4,4 103.10 (1m) (b) 4. "Family member" means a spouse or domestic partner of an employee; a parent, child, sibling, including a foster sibling, brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an employee or of an employee's spouse or domestic partner; or any other person who is related by blood, marriage, or adoption to an employee or to an employee's spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the person the equivalent of a family member of the employee, spouse, or domestic partner.

SB517-SA1,1i Section 1i. 103.10 (3) (a) 1. of the statutes is amended to read:

SB517-SA1,4,7 103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and, 2., and 4.

SB517-SA1,1im Section 1im. 103.10 (3) (b) 3. of the statutes is amended to read:

SB517-SA1,4,11 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

SB517-SA1,1j Section 1j. 103.10 (3) (b) 4. of the statutes is created to read:

SB517-SA1,4,16 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

SB517-SA1,1jm Section 1jm. 103.10 (6) (b) (intro.) of the statutes is amended to read:

SB517-SA1,4,22 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

SB517-SA1,1k Section 1k. 103.10 (6) (b) 1. of the statutes is amended to read:

SB517-SA1,5,2 103.10 (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, domestic partner, parent, grandparent, grandchild, sibling, or employee.

SB517-SA1,1km Section 1km. 103.10 (6) (c) of the statutes is created to read:

SB517-SA1,5,8 103.10 (6) (c) If the employee intends to take leave under sub. (3) (b) 4. that is foreseeable because the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty, the employee shall provide notice of that intention to the employer in a reasonable and practicable manner.

SB517-SA1,1L Section 1L. 103.10 (7) (a) of the statutes is amended to read:

SB517-SA1,5,14 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave, the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever is appropriate.

SB517-SA1,1Lm Section 1Lm. 103.10 (7) (b) (intro.) of the statutes is amended to read:

SB517-SA1,5,17 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

SB517-SA1,1m Section 1m. 103.10 (7) (b) 1. of the statutes is amended to read:

SB517-SA1,5,20 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

SB517-SA1,1mm Section 1mm. 103.10 (7) (d) of the statutes is created to read:

SB517-SA1,6,3 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer may require the employee to provide certification that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty issued at such time and in such manner as the department may prescribe by rule, and the employee shall provide a copy of that certification to the employer in a timely manner.

SB517-SA1,1n Section 1n. 103.10 (12) (c) of the statutes is amended to read:

SB517-SA1,6,11 103.10 (12) (c) If 2 or more health care providers disagree about any of the information required to be certified under sub. (7) (b), the department may appoint another health care provider to examine the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee and render an opinion as soon as possible. The department shall promptly notify the employee and the employer of the appointment. The employer and the employee shall each pay 50% 50 percent of the cost of the examination and opinion.

SB517-SA1,1nm Section 1nm. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

SB517-SA1,1o Section 1o. 103.10 (14) (b) of the statutes is repealed.".

SB517-SA1,6,14 3. Page 10, line 14: after that line insert:

SB517-SA1,6,15 " Section 1om. 103.12 of the statutes is created to read:

SB517-SA1,6,17 103.12 Family and medical leave insurance program. (1) Definitions. In this section:

SB517-SA1,6,20 (a) "Application year" means the 12-month period beginning on the first day of the first calendar week for which family or medical leave insurance benefits are claimed by a covered individual.

SB517-SA1,6,22 (b) "Average weekly earnings" means the average weekly earnings of a covered individual as calculated under s. 102.11 (1) (a) to (e).

SB517-SA1,6,23 (c) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.

SB517-SA1,7,5 (d) "Covered individual" means an individual who worked for an employer for at least 680 hours in the calendar year prior to the individual's application year or a self-employed individual who elects coverage under sub. (2) (b), regardless of whether the individual is employed or unemployed at the time the individual files an application for family or medical leave insurance benefits.

SB517-SA1,7,6 (e) "Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

SB517-SA1,7,9 (f) "Employee" means an individual employed in this state by an employer, except the employer's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling.