AB386-AA1,63 15Section 63. 103.10 (7) (a) of the statutes is amended to read:
AB386-AA1,15,2116 103.10 (7) (a) If an employee requests family leave for a reason described in sub.
17(3) (b) 3. or requests medical leave due to a serious health condition, the employer
18may require the employee to provide certification, as described in par. (b), issued by
19the health care provider or Christian Science practitioner of the child, spouse,
20domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever
21is appropriate.
AB386-AA1,64 22Section 64. 103.10 (7) (b) (intro.) of the statutes is amended to read:
AB386-AA1,15,2423 103.10 (7) (b) (intro.) No employer may require certification under par. (a)
24stating more than the following:
AB386-AA1,65 25Section 65. 103.10 (7) (b) 1. of the statutes is amended to read:
AB386-AA1,16,2
1103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent,
2grandchild, sibling,
or employee has a serious health condition.
AB386-AA1,66 3Section 66. 103.10 (7) (cm) of the statutes is created to read:
AB386-AA1,16,74 103.10 (7) (cm) If an employee requests family leave for a reason described in
5sub. (3) (b) 3., the employer may require the employee to provide certification that
6the employee is responsible for the care of a child, spouse, domestic partner, parent,
7grandparent, grandchild, or sibling with a serious health condition.
AB386-AA1,67 8Section 67. 103.10 (7) (d) of the statutes is created to read:
AB386-AA1,16,159 103.10 (7) (d) If an employee requests family leave under sub. (3) (b) 4., the
10employer may require the employee to provide certification that the spouse, child,
11domestic partner, parent, grandparent, grandchild, or sibling of the employee is on
12covered active duty or has been notified of an impending call or order to covered
13active duty. The certification under this paragraph shall be issued at such time and
14in such manner as the department may prescribe by rule, and the employee shall
15provide a copy of that certification to the employer in a timely manner.
AB386-AA1,68 16Section 68. 103.10 (7) (e) of the statutes is created to read:
AB386-AA1,16,2117 103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the
18employer may require the employee to provide certification that there is an
19unforeseen or unexpected short-term gap in child care, as defined in rule by the
20department, for the employee's child, grandchild, or sibling that the employee must
21fill. The department may prescribe by rule the form and content of the certification.
AB386-AA1,69 22Section 69. 103.10 (7) (f) of the statutes is created to read:
AB386-AA1,17,723 103.10 (7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or
24medical leave due to medical isolation, the employer may require the employee to
25provide certification issued by a local public health official, the department of health

1services, or a health care provider or Christian Science practitioner of the child,
2spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee,
3whichever is appropriate, except that no employer may require certification under
4this paragraph if the sole reason for the medical isolation is due to the employer's
5request under sub. (1) (em) 3. No employer may require certification under this
6subdivision stating more than that the child, spouse, domestic partner, parent,
7grandparent, grandchild, sibling, or employee is in medical isolation.
AB386-AA1,17,118 2. If an employee requests family leave under sub. (3) (b) 6., the employer may
9require the employee to provide certification that the employee is responsible for the
10care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling,
11or employee who is in medical isolation.
AB386-AA1,70 12Section 70. 103.10 (7) (g) of the statutes is created to read:
AB386-AA1,17,1713 103.10 (7) (g) If an employee requests family leave under sub. (3) (b) 7., the
14employer may require the employee to provide certification that the employee is
15addressing issues of the employee or the employee's child, spouse, domestic partner,
16parent, grandparent, grandchild, or sibling related to being the victim of domestic
17abuse, sexual abuse, or stalking.
AB386-AA1,71 18Section 71. 103.10 (10) of the statutes is amended to read:
AB386-AA1,17,2419 103.10 (10) Alternative employment. Nothing in this section prohibits an
20employer and an employee with a serious health condition or in medical isolation
21from mutually agreeing to alternative employment for the employee while the
22serious health condition or medical isolation lasts. No period of alternative
23employment, with the same employer, reduces the employee's right to family leave
24or medical leave.
AB386-AA1,72 25Section 72. 103.10 (12) (b) of the statutes is amended to read:
AB386-AA1,18,10
1103.10 (12) (b) An employee who believes his or her employer has violated sub.
2(11) (a) or (b) may, within 30 300 days after the violation occurs or the employee
3should reasonably have known that the violation occurred, whichever is later, file a
4complaint with the department alleging the violation. Except as provided in s.
5230.45 (1m), the department shall investigate the complaint and shall attempt to
6resolve the complaint by conference, conciliation or persuasion. If the complaint is
7not resolved and the department finds probable cause to believe a violation has
8occurred, the department shall proceed with notice and a hearing on the complaint
9as provided in ch. 227. The hearing shall be held within 60 days after the department
10receives the complaint.
AB386-AA1,73 11Section 73. 103.10 (12) (c) of the statutes is amended to read:
AB386-AA1,18,1812 103.10 (12) (c) If 2 or more health care providers disagree about any of the
13information required to be certified under sub. (7) (b), the department may appoint
14another health care provider to examine the child, spouse, domestic partner, parent,
15grandparent, grandchild, sibling, or employee and render an opinion as soon as
16possible. The department shall promptly notify the employee and the employer of
17the appointment. The employer and the employee shall each pay 50 percent of the
18cost of the examination and opinion.
AB386-AA1,74 19Section 74. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
AB386-AA1,75 20Section 75. 103.10 (14) (b) of the statutes is repealed.
AB386-AA1,76 21Section 76. 103.105 of the statutes is created to read:
AB386-AA1,18,23 22103.105 Family and medical leave benefits insurance program. (1)
23Definitions. In this section:
AB386-AA1,19,3
1(a) “Application year" means the 12-month period beginning on the first day
2of the first calendar week for which family or medical leave insurance benefits are
3claimed by a covered individual.
AB386-AA1,19,154 (b) “Average weekly earnings" means one-thirteenth of the wages paid to an
5employee during the last completed calendar quarter prior to the covered
6individual's date of eligibility for benefits under this section and includes all sick,
7holiday, vacation, and termination pay that is paid directly by an employer to an
8employee at the employee's usual rate of pay during his or her last completed
9calendar quarter as a result of employment for an employer and any total or partial
10disability payments under ch. 102 or a federal law that provides for payments on
11account of a work-related injury or illness. For self-employed individuals, “ average
12weekly earnings" means one fifty-second of the gross income reported as income to
13the federal internal revenue service in the most recent tax year in which the
14individual filed taxes prior to the individual's date of eligibility for benefits under this
15section.
AB386-AA1,19,2016 (c) “Covered individual" means an employee who satisfies s. 103.10 (2) (c), a
17self-employed individual who elects coverage under sub. (2), or an employee of a
18small employer who elects coverage under sub. (2), regardless of whether the
19individual is employed or unemployed at the time the individual files an application
20for family or medical leave insurance benefits.
AB386-AA1,19,2121 (d) “Employee" has the meaning given in s. 103.10 (1) (b).
AB386-AA1,19,2222 (e) “Employer" has the meaning given in s. 103.10 (1) (c).
AB386-AA1,19,2523 (f) “Family leave" means an individual's leave from employment,
24self-employment, or availability for employment for a reason specified in s. 103.10
25(3) (b) 1. to 7. or 103.11 (4).
AB386-AA1,20,2
1(g) “Family or medical leave insurance benefits" means benefits payable under
2this section from the family and medical leave benefits insurance trust fund.
AB386-AA1,20,43 (h) “Medical leave” means leave from employment, self-employment, or
4availability for employment for any of the reasons in s. 103.10 (4).
AB386-AA1,20,75 (i) “Self-employed individual” means a sole proprietor, partner of a
6partnership, member of a limited liability company, or other individual engaged in
7a vocation, profession, or business for himself or herself and not for an employer.
AB386-AA1,20,98 (j) “Small employer” means a person engaging in any activity, enterprise, or
9business in this state employing fewer than 50 individuals on a permanent basis.
AB386-AA1,20,1210 (k) “State annual median wage" means the median hourly wage for all
11occupations in this state in a calendar year, as determined by the bureau of labor
12statistics of the U.S. department of labor, multiplied by 2,080.
AB386-AA1,20,25 13(2) Election by self-employed individual or small employer. A
14self-employed individual or small employer may elect to be covered under this
15section by filing a written notice of election with the department in a form and
16manner prescribed by the department by rule. An initial election under this
17subsection becomes effective on the date on which the notice of election is filed, shall
18be for a period of not less than 3 years, and may be renewed for subsequent one-year
19periods by the filing of a written notice with the department that the self-employed
20individual or small employer intends to continue coverage under this section. A
21self-employed individual or small employer who elects coverage under this section
22may withdraw that election no earlier than 3 years after the date of the initial
23election or at such other times as the department may prescribe by rule by providing
24notice of that withdrawal to the department not less than 30 days before the
25expiration date of the election.
AB386-AA1,21,4
1(3) Eligibility for benefits. (a) Except as otherwise provided in sub. (6), a
2covered individual who is on family leave or medical leave is eligible to receive family
3or medical leave insurance benefits in the amount specified in sub. (4) and for the
4duration specified in sub. (5).
AB386-AA1,21,165 (b) To receive family or medical leave insurance benefits, a covered individual
6shall file a claim for those benefits within the time and in the manner that the
7department prescribes by rule. On receipt of a claim for family or medical leave
8insurance benefits, the department may request from the individual's employer or
9from the self-employed individual any information necessary for the department to
10determine the individual's eligibility for those benefits and the amount and duration
11of those benefits. The employer or self-employed individual shall provide that
12information to the department within the time and in the manner that the
13department prescribes by rule. If the department determines that a covered
14individual is eligible to receive family or medical leave insurance benefits, the
15department shall provide those benefits to the individual as provided in subs. (4) and
16(5).
AB386-AA1,21,19 17(4) Amount of benefits. Except as provided in sub. (6), the amount of family
18or medical leave insurance benefits payable for a week shall be based upon the
19covered individual's average weekly earnings, as follows:
AB386-AA1,21,2320 (a) For the amount of the covered individual's average weekly earnings that are
21less than 50 percent of the state annual median wage in the calendar year before the
22covered individual's application year, 90 percent of the covered individual's average
23weekly earnings.
AB386-AA1,22,224 (b) For the amount of the covered individual's average weekly earnings that are
25more than or equal to 50 percent of the state annual median wage in the calendar

1year before the covered individual's application year, 50 percent of the covered
2individual's average weekly earnings.
AB386-AA1,22,6 3(5) Duration of benefits. The maximum number of weeks for which family or
4medical leave insurance benefits are payable in an application year is 12 weeks. A
5covered individual may be paid family or medical leave insurance benefits
6continuously, or at the option of the covered individual, intermittently.
AB386-AA1,22,14 7(6) Employer exemption from participation in paid family and medical leave
8benefits insurance program.
(a) If an employer provides family and medical leave
9benefits that are identical to or more generous than benefits provided under this
10section, the employer may elect to not participate in the paid family and medical
11leave benefits insurance program under this section. If the department grants an
12exemption under this subsection, the employer shall pay benefits that are at least
13identical to benefits under this section, and an employee is entitled to be paid those
14benefits.
AB386-AA1,22,1915 (b) An employer that elects to not participate in the paid family and medical
16leave benefits insurance program under this section shall request an exemption from
17the department in writing, in the manner prescribed by the department. An
18exemption from participation is not effective until approved by the department in
19writing.
AB386-AA1,22,2220 (c) The department may grant a written exemption from participation to an
21employer who complies with this subsection and all rules promulgated by the
22department under par. (g).
AB386-AA1,23,223 (d) The department may withdraw its written exemption order granted under
24par. (c) if the department determines that an employer is not providing paid family

1and medical leave benefits to employees that are at least identical to those provided
2under this section.
AB386-AA1,23,123 (e) If an employee believes that his or her employer that has an exemption
4under this subsection has violated the employee's right to paid family and medical
5leave benefits identical to those provided under this section, the employee may file
6a complaint with the department alleging the violation, and the department shall
7process the complaint in the same manner as complaints filed under s. 103.10 (12)
8(b) are processed. If the department finds that an employer has violated this
9subsection, the department may order the employer to take action to remedy the
10violation, including providing the paid family and medical leave benefits, and,
11notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the
12employee.
AB386-AA1,23,1713 (f) After the completion of an administrative proceeding under par. (e),
14including judicial review, an employee or the department may bring an action in
15circuit court against an employer to recover damages caused by a violation of this
16subsection. Section 103.10 (13) (b) applies to the commencement of an action under
17this paragraph.
AB386-AA1,23,1818 (g) The department shall promulgate rules to implement this subsection.
AB386-AA1,23,21 19(7) Federal tax treatment of benefits. With respect to the federal income
20taxation of family or medical leave insurance benefits, the department shall do all
21of the following:
AB386-AA1,24,222 (a) At the time an individual files a claim for those benefits, advise the
23individual that those benefits may be subject to federal income taxation, that
24requirements exist under federal law pertaining to estimated tax payments, and
25that the individual may elect to have federal income taxes withheld from the

1individual's benefit payments and may change that election not more than one time
2in an application year.
AB386-AA1,24,63 (b) Allow the individual to elect to have federal income tax deducted and
4withheld from the individual's benefit payments, allow the individual to change that
5election not more than one time in an application year, and deduct and withhold that
6tax in accordance with the individual's election as provided under 26 USC 3402.
AB386-AA1,24,97 (c) Upon making a deduction under par. (b), transfer the amount deducted from
8the family and medical leave benefits insurance trust fund to the federal internal
9revenue service.
AB386-AA1,24,1210 (d) In deducting and withholding federal income taxes from an individual's
11benefit payments, follow all procedures specified by the federal internal revenue
12service pertaining to the deducting and withholding of federal income tax.
AB386-AA1,24,18 13(8) Family and medical leave benefits insurance trust fund. (a) The
14department shall determine the amount of the required contribution by each
15employee, self-employed individual who elects coverage under sub. (2), and each
16employer. The required contribution shall be based on the employee's wages or the
17self-employed individual's earnings. The required contribution for an employee
18shall be equally shared between each employee and the employee's employer.
AB386-AA1,24,2019 (b) Each employer shall withhold from the wages of its employees the amount
20determined by the department under this subsection.
AB386-AA1,25,221 (c) The department shall promulgate rules to establish procedures for filing
22wage reports and collecting the contributions withheld by employers and
23employer-required contributions under par. (a). The department may utilize the
24quarterly wage reports submitted under s. 108.205 in lieu of separate contribution

1reports and may utilize the procedures for collecting contributions that apply to the
2collection of contributions to the unemployment reserve fund under s. 108.17.
AB386-AA1,25,63 (cm) The department shall promulgate rules providing for a right to a hearing
4in cases involving the liability of employers for contributions under this subsection.
5The department's decisions shall be subject to the rights and procedures for
6contested cases under ch. 227.
AB386-AA1,25,87 (d) The department shall collect contributions from self-employed individuals
8pursuant to procedures established by the department under sub. (12) (b).
AB386-AA1,25,109 (e) The department shall deposit contributions received under this subsection
10in the family and medical leave benefits insurance trust fund.
AB386-AA1,25,1511 (f) The department shall use moneys deposited in the family and medical leave
12benefits insurance trust fund to pay benefits under sub. (3), to refund amounts
13erroneously paid by employers, and to pay for the administration of the family and
14medical leave benefits insurance program under this section and for no other
15purpose.
AB386-AA1,25,22 16(9) Denial of claims; overpayments. (a) The department shall promulgate
17rules providing for a right to a hearing in cases of disputes involving an individual's
18eligibility for benefits or status as a covered individual under this section. The
19department's decisions shall be subject to the rights and procedures for contested
20cases under ch. 227. To the extent necessary and practical, the department may
21prescribe procedures in conjunction with any rules promulgated for administrative
22proceedings under ss. 103.10 (12) and 103.11 (12).
AB386-AA1,26,223 (b) 1. If the department pays family or medical leave insurance benefits to an
24individual erroneously or as a result of willful misrepresentation, the individual's
25liability to reimburse the fund for the overpayment may be set forth in a

1determination that is subject to review under par. (a). The department may prescribe
2procedures for waiver of overpayments.
AB386-AA1,26,73 2. To recover any overpayment to a covered individual that is not otherwise
4repaid or the recovery of which has not been waived, the department may recoup the
5amount of the overpayment by, in addition to its other remedies, deducting the
6amount of the overpayment from benefits the individual would otherwise be eligible
7to receive.
AB386-AA1,26,118 3. The department may establish other procedures for recovering
9overpayments and may utilize procedures under ch. 108, including the department's
10remedies for collecting overpayments under ss. 108.22 and 108.225, subject to rules
11promulgated by the department.
AB386-AA1,26,1212 4. The department may not collect any interest on any benefit overpayment.
AB386-AA1,26,14 13(10) Prohibited acts. (a) No person may interfere with, restrain, or deny the
14exercise of any right provided under this section.
AB386-AA1,26,1915 (b) No person may discharge or otherwise discriminate against any person for
16exercising any right provided under this section, opposing a practice prohibited
17under this section, filing a complaint or attempting to enforce any right provided
18under this section, or testifying or assisting in any action or proceeding to enforce any
19right provided under this section.
AB386-AA1,26,2320 (c) No collective bargaining agreement or employer policy may diminish or
21abridge an employee's rights under this section. Any agreement purporting to waive
22or modify an employee's rights under this section is void as against public policy and
23unenforceable.
AB386-AA1,27,11 24(11) Enforcement. (a) Any person who believes that his or her rights under
25this section have been interfered with, restrained, or denied in violation of sub. (10)

1(a) or that he or she has been discharged or otherwise discriminated against in
2violation of sub. (10) (b) may, within 30 days after the violation occurs or the person
3should reasonably have known that the violation occurred, whichever is later, file a
4complaint with the department alleging the violation, and the department shall
5process the complaint in the same manner as complaints filed under s. 103.10 (12)
6(b) are processed. If the department finds that an employer has violated sub. (10) (a)
7to (c), the department may order the employer to take action to remedy the violation,
8including providing the requested family leave or medical leave, reinstating an
9employee, providing back pay accrued not more than 2 years before the complaint
10was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees
11to the complainant.
AB386-AA1,27,1612 (b) After the completion of an administrative proceeding under par. (a),
13including judicial review, an employee or the department may bring an action in
14circuit court against an employer to recover damages caused by a violation of sub.
15(10) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under
16this paragraph.
AB386-AA1,27,19 17(12) Administration. The department shall administer the family and medical
18leave benefits insurance program under this section. In administering the program,
19the department shall do all of the following:
AB386-AA1,27,2120 (a) Establish procedures and forms for the filing of claims for benefits under
21this section.
AB386-AA1,27,2322 (b) Establish procedures and forms for collecting contributions from
23self-employed individuals.
AB386-AA1,27,2424 (c) Promulgate rules to implement this section.
AB386-AA1,28,3
1(d) Use information sharing and integration technology to facilitate the
2exchange of information as necessary for the department to perform its duties under
3this section.
AB386-AA1,28,94 (e) By September 1 of each year, submit a report to the governor, the joint
5committee on finance, and the appropriate standing committees of the legislature
6under s. 13.172 (3) on the family and medical leave benefits insurance program under
7this section. The report shall include the projected and actual rates of participation
8in the program, the premium rates for coverage under the program, and the balance
9in the family and medical leave benefits insurance trust fund under s. 25.52.
AB386-AA1,28,15 10(13) Records. (a) The records made or maintained by the department in
11connection with the administration of this section are confidential and shall be open
12to public inspection or disclosure only to the extent that the department allows in the
13interest of the family and medical leave benefits insurance program. No person may
14allow inspection or disclosure of any record provided by the department unless the
15department authorizes the inspection or disclosure.
AB386-AA1,28,2116 (b) The department may provide records made or maintained by the
17department in connection with the administration of this section to any
18governmental unit, corresponding unit in the government of another state, or any
19unit of the federal government. No such unit may allow inspection or disclosure of
20any record provided by the department unless the department authorizes the
21inspection or disclosure.
AB386-AA1,29,422 (c) Upon request of the department of revenue, the department may provide
23information, including social security numbers, concerning covered individuals to
24the department of revenue for the purpose of administering state taxes, identifying
25fraudulent tax returns, providing information for tax-related prosecutions, or

1locating persons or the assets of persons who have failed to file tax returns, who have
2underreported their taxable income, or who are delinquent debtors. The department
3of revenue shall adhere to the limitation on inspection and disclosure of the
4information under par. (b).
AB386-AA1,29,9 5(14) Benefit amount adjustment. On April 1 of each year, the department may
6adjust the maximum weekly benefit payment to 90 percent of the state average
7weekly earnings, which becomes effective on October 1 of that year. The department
8shall annually have the adjusted amount of the maximum weekly benefit payment
9published in the Wisconsin Administrative Register.
AB386-AA1,29,14 10(15) Notice posted. Each employer shall post, on its website and in one or more
11conspicuous places where notices to employees are customarily posted, a notice in a
12form approved by the department setting forth employees' rights under this section
13and any adjustment to benefits as provided in sub. (14). Any employer that violates
14this subsection shall forfeit not more than $100 for each violation.
AB386-AA1,77 15Section 77. 106.29 of the statutes is created to read:
AB386-AA1,29,21 16106.29 Health care workforce innovation grant program. (1) Health
17care workforce innovation grants.
The department shall, from the appropriation
18under s. 20.445 (1) (bw), establish and operate a program to provide grants to
19regional organizations to design and implement plans to address their region's
20health care-related workforce challenges that arose during or were exacerbated by
21the COVID-19 pandemic.
AB386-AA1,29,25 22(2) Implementation. (a) Duties. To implement this section, the department
23shall receive and review applications for grants under sub. (1) and prescribe the
24form, nature, and extent of the information that must be contained in an application
25for a grant under sub. (1).
AB386-AA1,30,3
1(b) Powers. In addition to the duties described in par. (a), the department shall
2have all other powers necessary and convenient to implement this section, including
3the power to audit and inspect the records of grant recipients.
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