Amendment SSA1-SB517

LRBs0317/1

MED&GMM:kjf

2015 - 2016 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 517

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

SB517-SSA1,1,9 An Act to renumber 103.10 (1) (a); to renumber and amend 103.10 (1m) (d); to amend 103.10 (title), 103.10 (1m) (title), 103.10 (1m) (a), 103.10 (2) (a), 103.10 (2) (c), 103.10 (5) (a), 103.10 (5) (b), 103.10 (8) (a) (intro.), 103.10 (8) (a) 1., 103.10 (8) (a) 2., 103.10 (8) (b), 103.10 (8) (c), 103.10 (9) (a), 103.10 (9) (b), 103.10 (9) (c) 4., 103.10 (9) (d), 103.10 (10), 103.10 (12) (d) and 103.10 (14) (b); to repeal and recreate 893.96 (title); and to create 103.10 (1) (ac), 103.10 (1) (er), 103.10 (1m) (d) 2., 103.10 (2) (d), 103.10 (4m) and 103.10 (6) (c) of the statutes; relating to: leave from employment for the purpose of serving as a bone marrow or organ donor.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB517-SSA1,1 Section 1. 103.10 (title) of the statutes is amended to read:

SB517-SSA1,1,12 103.10 (title) Family or, medical, and bone marrow and organ donation leave.

SB517-SSA1,2 Section 2. 103.10 (1) (a) of the statutes is renumbered 103.10 (1) (aj).

SB517-SSA1,3 Section 3. 103.10 (1) (ac) of the statutes is created to read:

SB517-SSA1,2,3 103.10 (1) (ac) "Bone marrow" has the meaning given in s. 146.34 (1) (a).

SB517-SSA1,4 Section 4. 103.10 (1) (er) of the statutes is created to read:

SB517-SSA1,2,6 103.10 (1) (er) "Organ" has the meaning given for "human organ" in s. 230.35 (2d) (a) 2.

SB517-SSA1,5 Section 5. 103.10 (1m) (title) of the statutes is amended to read:

SB517-SSA1,2,9 103.10 (1m) (title) Statewide Family and medical leave; statewide concern; uniformity.

SB517-SSA1,6 Section 6. 103.10 (1m) (a) of the statutes is amended to read:

SB517-SSA1,2,19 103.10 (1m) (a) The legislature finds that the provision of family and medical leave that is uniform throughout the state is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county that requires employers to provide employees with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section. Therefore, with respect to family and medical leave, this section shall be construed as an enactment of statewide concern for the purpose of providing family and medical leave that is uniform throughout the state.

SB517-SSA1,7 Section 7. 103.10 (1m) (d) of the statutes is renumbered 103.10 (1m) (d) (intro.) and amended to read:

SB517-SSA1,2,23 103.10 (1m) (d) (intro.) This subsection does not affect an ordinance affecting leave any of the following:

SB517-SSA1,2,24 1. Leave from employment of an employee of a city, village, town, or county.

SB517-SSA1,8 Section 8. 103.10 (1m) (d) 2. of the statutes is created to read:

SB517-SSA1,3,1 103.10 (1m) (d) 2. Bone marrow or organ donation leave.

SB517-SSA1,9 Section 9. 103.10 (2) (a) of the statutes is amended to read:

SB517-SSA1,3,6 103.10 (2) (a) Nothing in this section prohibits an employer from providing employees with rights to family leave or, medical leave which, or bone marrow and organ donation leave that are more generous to the employee than the rights provided under this section.

SB517-SSA1,10 Section 10. 103.10 (2) (c) of the statutes is amended to read:

SB517-SSA1,3,11 103.10 (2) (c) This Subject to sub. (4m), this section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 hours during the preceding 52-week period.

SB517-SSA1,11 Section 11. 103.10 (2) (d) of the statutes is created to read:

SB517-SSA1,3,15 103.10 (2) (d) This section does not apply to an employee, as defined in s. 230.03 (10h), who is allowed under s. 230.35 (2d) (b) or (c) to take a leave of absence for the purpose of serving as a bone marrow or organ donor.

SB517-SSA1,12 Section 12. 103.10 (4m) of the statutes is created to read:

SB517-SSA1,3,22 103.10 (4m) Bone marrow and organ donation leave. Subject to subs. (2) (d) and (6) (c), an employee may take no more than 6 weeks of bone marrow and organ donation leave in a 12-month period for the purpose of serving as a bone marrow or organ donor if the employee provides his or her employer with written verification that the employee is to serve as a bone marrow or organ donor. Notwithstanding sub. (2) (c), this subsection applies to any employee of an employer.

SB517-SSA1,13 Section 13. 103.10 (5) (a) of the statutes is amended to read:

SB517-SSA1,4,3 103.10 (5) (a) This section does not entitle an employee to receive wages or salary while taking family leave or, medical leave, or bone marrow and organ donation leave.

SB517-SSA1,14 Section 14. 103.10 (5) (b) of the statutes is amended to read:

SB517-SSA1,4,7 103.10 (5) (b) An employee may substitute, for portions of family leave or, medical leave, or bone marrow and organ donation leave, paid or unpaid leave of any other type provided by the employer.

SB517-SSA1,15 Section 15. 103.10 (6) (c) of the statutes is created to read:

SB517-SSA1,4,11 103.10 (6) (c) If an employee intends to take leave under sub. (4m) for the purpose of serving as a bone marrow or organ donor, the employee shall do all of the following:

SB517-SSA1,4,14 1. Make a reasonable effort to schedule the donation so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the donee.

SB517-SSA1,4,16 2. Give the employer advance notice of the donation in a reasonable and practicable manner.

SB517-SSA1,14 Section 14. 103.10 (8) (a) (intro.) of the statutes is amended to read:

SB517-SSA1,4,21 103.10 (8) (a) (intro.) Subject to par. (c), when an employee returns from family leave or, medical leave, or bone marrow and organ donation leave, his or her employer shall immediately place the employee in an employment position as follows:

SB517-SSA1,15 Section 15. 103.10 (8) (a) 1. of the statutes is amended to read:

SB517-SSA1,4,25 103.10 (8) (a) 1. If the employment position which that the employee held immediately before the family leave or, medical leave, or bone marrow and organ donation leave began is vacant when the employee returns, in that position.

SB517-SSA1,16 Section 16. 103.10 (8) (a) 2. of the statutes is amended to read:

SB517-SSA1,5,6 103.10 (8) (a) 2. If the employment position which that the employee held immediately before the family leave or, medical leave, or bone marrow and organ donation leave began is not vacant when the employee returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment, and other terms and conditions of employment.

SB517-SSA1,17 Section 17. 103.10 (8) (b) of the statutes is amended to read:

SB517-SSA1,5,11 103.10 (8) (b) No employer may, because an employee received family leave or, medical leave, or bone marrow and organ donation leave, reduce or deny an employment benefit which that accrued to the employee before his or her leave began or, consistent with sub. (9), accrued after his or her leave began.

SB517-SSA1,18 Section 18. 103.10 (8) (c) of the statutes is amended to read:

SB517-SSA1,5,17 103.10 (8) (c) Notwithstanding par. (a), if an employee on a family leave, medical or family leave, or bone marrow and organ donation leave wishes to return to work before the end of the leave as scheduled, the employer shall place the employee in an employment position of the type described in par. (a) 1. or 2. within a reasonable time not exceeding the duration of the leave as scheduled.

SB517-SSA1,19 Section 19. 103.10 (9) (a) of the statutes is amended to read:

SB517-SSA1,5,24 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a returning employee to a right, employment benefit, or employment position to which the employee would not have been entitled had he or she not taken family leave or, medical leave, or bone marrow and organ donation leave or to the accrual of any seniority or employment benefit during a period of family leave or, medical leave, or bone marrow and organ donation leave.