Amendment SSA1-SB517

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.

SB517-SSA1,20 Section 20. 103.10 (9) (b) of the statutes is amended to read:

SB517-SSA1,6,8 103.10 (9) (b) Subject to par. (c), during a period an employee takes family leave or, medical leave, or bone marrow and organ donation leave, his or her employer shall maintain group health insurance coverage under the conditions that applied immediately before the family leave or, medical leave, or bone marrow and organ donation leave began. If the employee 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 employee had not taken the family leave or, medical leave, or bone marrow and organ donation leave.

SB517-SSA1,21 Section 21. 103.10 (9) (c) 4. of the statutes is amended to read:

SB517-SSA1,6,15 103.10 (9) (c) 4. If an employee ends his or her employment with an employer during or within 30 days after a period of family leave or, medical leave, or bone marrow and organ donation leave, the employer may deduct from the amount returned to the employee under subd. 3. any premium or similar expense paid by the employer for the employee's group health insurance coverage while the employee was on family leave or, medical leave, or bone marrow and organ donation leave.

SB517-SSA1,22 Section 22. 103.10 (9) (d) of the statutes is amended to read:

SB517-SSA1,6,22 103.10 (9) (d) If an employee ends his or her employment with an employer during or at the end of a period of family leave or , medical leave, or bone marrow and organ donation leave, the time period for conversion to individual coverage under s. 632.897 (6) shall be calculated as beginning on the day that on which the employee began the period of family leave or, medical leave, or bone marrow and organ donation leave.

SB517-SSA1,23 Section 23. 103.10 (10) of the statutes is amended to read:

SB517-SSA1,7,4 103.10 (10) Alternative employment. Nothing in this section prohibits an employer and an employee with a serious health condition from mutually agreeing to alternative employment for the employee while the serious health condition lasts. No period of alternative employment, with the same employer, reduces the employee's right to family leave or, medical leave, or bone marrow and organ donation leave.

SB517-SSA1,24 Section 24. 103.10 (12) (d) of the statutes is amended to read:

SB517-SSA1,7,12 103.10 (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 the requested family leave or, medical leave, or bone marrow and organ donation leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual attorney fees to the complainant.

SB517-SSA1,25 Section 25. 103.10 (14) (b) of the statutes is amended to read:

SB517-SSA1,7,17 103.10 (14) (b) Any person employing at least 25 individuals shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice describing the person's policy with respect to leave for the reasons described in subs. (3) (b) and, (4) (a), and (4m).

SB517-SSA1,30 Section 30. 893.96 (title) of the statutes is repealed and recreated to read:

SB517-SSA1,7,20 893.96 (title) Family, medical, and bone marrow and organ donation leave; civil remedies.

SB517-SSA1,31 Section 31. Initial applicability.

SB517-SSA1,8,2 (1) This act first applies to an employee, as defined in section 103.10 (1) (b) of the statutes, who is affected by a collective bargaining agreement that contains provisions that are inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

SB517-SSA1,32 Section 32. Effective date.

SB517-SSA1,8,5 (1) This act takes effect on the first day of the 3rd month beginning after publication.

SB517-SSA1,8,6 (End)