AB200, s. 10 25Section 10. 103.10 (2) (c) of the statutes is amended to read:
AB200,7,7
1103.10 (2) (c) This section only applies to an employe who has been employed
2for at least 12 months by the same employer for more than 52 consecutive weeks from
3whom leave under sub. (3) is requested
and who worked for the that employer for at
4least 1,000 1,250 hours during the preceding 52-week 12-month period. This section
5does not apply to an employe who is employed at a worksite at which the employer
6employs less than 50 employes if the total number of employes employed by the
7employer within 75 miles of that worksite is less than 50.
AB200, s. 11 8Section 11. 103.10 (3) (title) of the statutes is amended to read:
AB200,7,99 103.10 (3) (title) Family Entitlement to leave.
AB200, s. 12 10Section 12. 103.10 (3) (a) 1. of the statutes is renumbered 103.10 (3) (intro.)
11and amended to read:
AB200,7,1412 103.10 (3) (intro.) In a 12-month period no an employe may take more than 6
1312 weeks of family leave under par. (b) 1. and 2. for any one or more of the following
14reasons:
AB200, s. 13 15Section 13. 103.10 (3) (a) 2. of the statutes is repealed.
AB200, s. 14 16Section 14. 103.10 (3) (a) 3. of the statutes is repealed.
AB200, s. 15 17Section 15. 103.10 (3) (b) (intro.) of the statutes is repealed.
AB200, s. 16 18Section 16. 103.10 (3) (b) 1. of the statutes is renumbered 103.10 (3) (a) and
19amended to read:
AB200,7,2220 103.10 (3) (a) The Because of the birth of the employe's natural child, if the
21leave is taken to care for the child and
if the leave begins within 16 weeks of 12
22months after
the child's birth.
AB200, s. 17 23Section 17. 103.10 (3) (b) 2. of the statutes is renumbered 103.10 (3) (b) and
24amended to read:
AB200,8,4
1103.10 (3) (b) The Because of the placement of a child with the employe for
2adoption or as a precondition to adoption under s. 48.90 (2), but not both, or for foster
3care,
if the leave is taken to care for the child and if the leave begins within 16 weeks
4of
12 months after the child's placement.
AB200, s. 18 5Section 18. 103.10 (3) (b) 3. of the statutes is renumbered 103.10 (3) (c).
AB200, s. 19 6Section 19. 103.10 (3) (c) of the statutes is repealed.
AB200, s. 20 7Section 20. 103.10 (3) (d) of the statutes is repealed.
AB200, s. 21 8Section 21. 103.10 (3m) of the statutes is created to read:
AB200,8,149 103.10 (3m) Spouses employed by same employer. If a husband and wife are
10entitled to leave under sub. (3) and are employed by the same employer, the employer
11may limit to 12 weeks during any 12-month period the aggregate number of weeks
12of leave that the husband and wife may take for the birth or placement of a child
13under sub. (3) (a) or (b) or to care for a parent who has a serious health condition
14under sub. (3) (c).
AB200, s. 22 15Section 22. 103.10 (4) (title) of the statutes is repealed.
AB200, s. 23 16Section 23. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (d) and
17amended to read:
AB200,8,2118 103.10 (3) (d) Subject to pars. (b) and (c), an employe who has Because of a
19serious health condition which that makes the employe unable to perform his or her
20employment duties may take medical leave for the period during which he or she is
21unable to perform those
the duties of the employe's position.
AB200, s. 24 22Section 24. 103.10 (4) (b) of the statutes is repealed.
AB200, s. 25 23Section 25. 103.10 (4) (c) of the statutes is repealed.
AB200, s. 26 24Section 26. 103.10 (4g) of the statutes is created to read:
AB200,9,8
1103.10 (4g) Leave taken intermittently or on a reduced-leave schedule. (a)
2An employe may not take leave under sub. (3) (a) or (b) intermittently or on a
3reduced-leave schedule unless agreed to by the employer. Subject to par. (b) and
4subs. (6) (b) and (7) (b) 5., an employe may take leave under sub. (3) (c) or (d)
5intermittently or on a reduced-leave schedule when medically necessary. If an
6employe takes leave intermittently or on a reduced-leave schedule, the employe's
7employer may not reduce the amount of leave under sub. (3) to which the employe
8is entitled by an amount that is beyond the amount of leave actually taken.
AB200,9,159 (b) If an employe requests intermittent leave or leave on a reduced-work
10schedule under sub. (3) (c) or (d) that is foreseeable for planned medical treatment,
11the employer may require the employe to transfer temporarily to an alternative
12position offered by the employer for which the employe is qualified if that alternative
13position has equivalent pay and employment benefits and if that alternative position
14accommodates intermittent periods of leave or leave on a reduced-leave schedule
15better than the employe's regular position does.
AB200, s. 27 16Section 27. 103.10 (5) (a) and (b) of the statutes are amended to read:
AB200,9,1917 103.10 (5) (a) This Except as provided in pars. (b) and (c), this section does not
18entitle an employe to receive wages or salary while taking family leave or medical
19leave.
AB200,9,2420 (b) An employe may elect, or an employer may require an employe, to
21substitute, for portions of family leave or medical leave, paid or unpaid leave of any
22other type
for any part of the leave provided under sub. (3) (a), (b) or (c), any paid
23vacation leave, paid personal leave or paid family leave
provided by the employer
24that the employe has accrued.
AB200, s. 28 25Section 28. 103.10 (5) (c) of the statutes is created to read:
AB200,10,6
1103.10 (5) (c) An employe may elect, or an employer may require an employe,
2to substitute, for any part of the leave provided under sub. (3) (c) or (d), any paid
3vacation leave, paid personal leave or paid sick leave provided by the employer that
4the employe has accrued, except that an employer is not required to provide paid sick
5leave in any situation in which the employer would not normally provide paid sick
6leave.
AB200, s. 29 7Section 29. 103.10 (6) (a) of the statutes is amended to read:
AB200,10,158 103.10 (6) (a) If an employe intends to take family leave for the reasons in under
9sub. (3) (b) 1. or 2. (a) or (b) that is foreseeable because of the expected birth or
10placement of a child
, the employe shall, in a reasonable and practicable manner, give
11the employer advance notice of the expected birth or placement employe's intention
12to take that leave not less than 30 days before the date the leave is to begin, except
13that if the date of the birth or placement requires the leave to begin in less than 30
14days, the employe shall provide notice to the employer in a reasonable and
15practicable manner
.
AB200, s. 30 16Section 30. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB200,10,2117 103.10 (6) (b) (intro.) If an employe intends to take family leave under sub. (3)
18(c) or (d)
because of the planned medical treatment or supervision of the employe or
19of
a child, spouse or parent or intends to take medical leave because of the planned
20medical treatment or supervision
of the employe, the employe shall do all of the
21following:
AB200, s. 31 22Section 31. 103.10 (6) (b) 1. of the statutes is amended to read:
AB200,10,2523 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment
24or supervision so that it does not unduly disrupt the employer's operations, subject
25to the approval of the health care provider of the child, spouse, parent or employe.
AB200, s. 32
1Section 32. 103.10 (6) (b) 2. of the statutes is amended to read:
AB200,11,62 103.10 (6) (b) 2. Give the employer advance notice of the medical treatment or
3supervision
employe's intention to take that leave not less than 30 days before the
4leave is to begin, except that if the date of the treatment requires the leave to begin
5in less than 30 days, the employe shall provide notice to the employer
in a reasonable
6and practicable manner.
AB200, s. 33 7Section 33. 103.10 (7) (a) of the statutes is amended to read:
AB200,11,138 103.10 (7) (a) If an employe requests family leave for a reason described in
9under sub. (3) (b) 3. or requests medical leave (c) or (d), the employer may require the
10employe to provide certification, as described in par. (b), issued by the health care
11provider or Christian Science practitioner of the child, spouse, parent or employe,
12whichever is appropriate, and the employe shall provide a copy of that certification
13to the employer in a timely manner
.
AB200, s. 34 14Section 34. 103.10 (7) (b) 3m. of the statutes is created to read:
AB200,11,1815 103.10 (7) (b) 3m. If the employe requests leave under sub. (3) (c), a statement
16that the employe is needed to care for a child, spouse or parent who has a serious
17health condition and an estimate of the amount of time that the employe is needed
18to care for the child, spouse or parent.
AB200, s. 35 19Section 35. 103.10 (7) (b) 4. of the statutes is amended to read:
AB200,11,2220 103.10 (7) (b) 4. If the employe requests medical leave, an explanation of the
21extent to which
under sub. (3) (d), a statement that the employe is unable to perform
22his or her employment the duties of the employe's position.
AB200, s. 36 23Section 36. 103.10 (7) (b) 5. of the statutes is created to read:
AB200,12,224 103.10 (7) (b) 5. If the employe requests intermittent leave or leave on a
25reduced-leave schedule under sub. (3) (c) or (d) for planned medical treatment, the

1dates on which that treatment is expected to be given and the duration of that
2treatment.
AB200, s. 37 3Section 37. 103.10 (7) (b) 6. of the statutes is created to read:
AB200,12,94 103.10 (7) (b) 6. If the employe requests intermittent leave or leave on a
5reduced-leave schedule under sub. (3) (c), a statement that the intermittent leave
6or leave on a reduced-leave schedule is necessary for the care of a child, spouse or
7parent who has a serious health condition or will assist in the recovery of the child,
8spouse or parent, and the expected duration and schedule of the intermittent leave
9or leave on a reduced-leave schedule.
AB200, s. 38 10Section 38. 103.10 (7) (b) 7. of the statutes is created to read:
AB200,12,1411 103.10 (7) (b) 7. If the employe requests intermittent leave or leave on a
12reduced-leave schedule under sub. (3) (d), a statement of the medical necessity for
13the intermittent leave or leave on a reduced-leave schedule, and the expected
14duration of the intermittent leave or leave on a reduced-leave schedule.
AB200, s. 39 15Section 39. 103.10 (7) (c) of the statutes is renumbered 103.10 (7) (c) 1. and
16amended to read:
AB200,12,2017 103.10 (7) (c) 1. The If the employer has reason to doubt the validity of a
18certification provided under par. (a), the
employer may require the employe to obtain
19the opinion of a 2nd health care provider, chosen designated, or approved, and paid
20for by the employer, concerning any information certified under par. (b).
AB200, s. 40 21Section 40. 103.10 (7) (c) 2. of the statutes is created to read:
AB200,12,2322 103.10 (7) (c) 2. A health care provider designated or approved under subd. 1.
23may not be employed on a regular basis by the employer.
AB200, s. 41 24Section 41. 103.10 (7) (d) of the statutes is created to read:
AB200,13,6
1103.10 (7) (d) If a 2nd opinion obtained under par. (c) 1. differs from the opinion
2in the certification provided under par. (a), the employer may require the employe
3to obtain the opinion of a 3rd health care provider, designated, or approved, by the
4employer and employe jointly and paid for by the employer, concerning any
5information certified under par. (b). The employer and employe shall accept the 3rd
6opinion obtained under this paragraph as final and binding upon them.
AB200, s. 42 7Section 42. 103.10 (7) (e) of the statutes is created to read:
AB200,13,98 103.10 (7) (e) The employer may require that an employe obtain
9recertifications after the original certification under par. (b) on a reasonable basis.
AB200, s. 43 10Section 43. 103.10 (8) (a) of the statutes is amended to read:
AB200,13,1411 103.10 (8) (a) Subject to par. (c) pars. (d) and (e), when an employe returns from
12who takes family leave or medical leave for the purpose for which that leave is
13intended returns from that leave
, his or her employer shall immediately place the
14employe in an employment position as follows:
AB200,13,1715 1. If In the employment position which the employe held immediately before
16when the family leave or medical leave began is vacant when the employe returns,
17in that position
.
AB200,13,2218 2. If the employment position which the employe held immediately before the
19family leave or medical leave began is not vacant when the employe returns, in
In
20an equivalent employment position having equivalent compensation, employment
21benefits, working shift, hours of employment and other terms and conditions of
22employment.
AB200, s. 44 23Section 44. 103.10 (8) (b) of the statutes is amended to read:
AB200,14,224 103.10 (8) (b) No employer may, because an employe received family leave or
25medical leave, reduce or deny an employment benefit which accrued to the employe

1before his or her leave began or, consistent with sub. (9), accrued after his or her leave
2began
.
AB200, s. 45 3Section 45. 103.10 (8) (c) of the statutes is repealed and recreated to read:
AB200,14,64 103.10 (8) (c) An employer may require an employe who is on family or medical
5leave to report periodically to the employer on the employe's status and intention of
6returning to work.
AB200, s. 46 7Section 46. 103.10 (8) (d) of the statutes is created to read:
AB200,14,118 103.10 (8) (d) Notwithstanding par. (a), an employer may adopt a uniformly
9applied practice or policy that requires an employe who is returning from leave under
10sub. (3) (d) to obtain a certification from the employe's health care provider that the
11employe is able to return to work.
AB200, s. 47 12Section 47. 103.10 (8) (e) of the statutes is created to read:
AB200,14,1513 103.10 (8) (e) Notwithstanding par. (a), an employer may deny placement in
14an employment position described in par. (a) 1. and 2. to an employe who returns from
15family leave or medical leave if all of the following apply:
AB200,14,1816 1. The employe is a salaried employe who before the leave was among the
17highest-paid 10% of the employes employed by the employer within 75 miles of the
18worksite at which the employe is employed.
AB200,14,2019 2. That denial is necessary to prevent substantial and grievous economic injury
20to the operations of the employer.
AB200,14,2321 3. The employer notifies the employe of the employer's intent to deny that
22placement based on the conditions specified in subds. 1. and 2. at the time the
23employer determines that the injury described in subd. 2. would occur.
AB200,14,2524 4. In the case of an employe who receives the notice under subd. 3. after the
25leave has begun, the employe elects not to return to employment with the employer.
AB200, s. 48
1Section 48. 103.10 (9) (b) of the statutes is amended to read:
AB200,15,102 103.10 (9) (b) Subject to par. (c), during a period that an employe takes family
3leave or medical leave, his or her employer shall maintain group health insurance
4coverage at the level and under the conditions that applied immediately before the
5family leave or medical leave began. If the employe continues making any
6contribution required for participation in the group health insurance plan, the
7employer shall continue making group health insurance premium contributions as
8if the employe had not taken the family leave or medical
the employer would have
9provided coverage if the employe had continued in employment continuously during
10that
leave.
AB200, s. 49 11Section 49. 103.10 (9) (c) of the statutes is repealed and recreated to read:
AB200,15,1812 103.10 (9) (c) An employer may recover from an employe the premium paid by
13the employer to maintain group health insurance coverage for the employe during
14a period of unpaid family leave or medical leave if the employe fails to return from
15that leave after the period of leave to which the employe is entitled has expired for
16a reason other than the continuation, recurrence or onset of a serious health
17condition that entitles the employe to leave under sub. (3) (c) or (d) or other
18circumstances beyond the control of the employe.
AB200, s. 50 19Section 50. 103.10 (9) (d) of the statutes is repealed and recreated to read:
AB200,16,420 103.10 (9) (d) If an employe claims that he or she is unable to return to work
21because of the continuation, recurrence or onset of a serious health condition as
22described in par. (c), the employer may require the employe to provide certification
23issued by the health care provider or Christian Science practitioner of the child,
24spouse, parent or employe, whichever is appropriate, that the employe was needed
25to care for his or her child, spouse or parent on the day that the employe's leave

1expired or that a serious health condition prevented the employe from being able to
2perform the duties of the employe's position on the day that the employe's leave
3expired. The employe shall provide a copy of the certification under this paragraph
4to the employer in a timely manner.
AB200, s. 51 5Section 51. 103.10 (10) of the statutes is repealed and recreated to read:
AB200,16,76 103.10 (10) Instructional employes. (a) In this subsection, "educational
7agency" has the meaning given in s. 115.31 (1) (b).
AB200,16,148 (b) If an employe who is employed principally in an instructional capacity by
9an educational agency requests intermittent leave or leave on a reduced-leave
10schedule under sub. (3) (c) or (d) that is foreseeable for planned medical treatment,
11complies with the requirements under sub. (6) (b) and would be on leave for greater
12than 20% of the total number of working days during the period in which the leave
13would extend, the educational agency may require that employe to elect to do one of
14the following:
AB200,16,1615 1. To take leave for periods of a particular duration, not to exceed the duration
16of the planned medical treatment.
AB200,16,1817 2. To transfer temporarily to an alternative employment position as provided
18in sub. (4g) (b).
AB200,16,2419 (c) 1. If an employe who is employed principally in an instructional capacity by
20an educational agency begins family leave or medical leave more than 5 weeks before
21the end of a semester, the educational agency may require the employe to continue
22taking leave until the end of the semester if the family leave or medical leave is for
23a period of at least 3 weeks in duration and the return to employment would occur
24during the 3-week period before the end of the semester.
AB200,17,7
12. If an employe who is employed principally in an instructional capacity by an
2educational agency begins leave under sub. (3) (a), (b) or (c) during the period that
3begins 5 weeks before the end of a semester and ends 3 weeks before the end of a
4semester, the educational agency may require the employe to continue taking leave
5until the end of the semester if the leave under sub. (3) (a), (b) or (c) is for a period
6of more than 2 weeks in duration and the return to employment would occur during
7the 2-week period before the end of the semester.
AB200,17,128 3. If an employe who is employed principally in an instructional capacity by an
9educational agency begins leave under sub. (3) (a), (b) or (c) less than 3 weeks before
10the end of a semester and the leave is for a period of more than 5 working days, the
11educational agency may require the employe to continue taking leave until the end
12of the semester.
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