AB307: Bill Text

1995 Assembly BILL 307

April 8, 1995 - Introduced by Representatives Grobschmidt, Bell, Baldus, Bock, Boyle, Krusick, La Fave, Notestein, Plombon, Robson and R. Young, cosponsored by Senators Burke, Andrea and Moore. Referred to Committee on Labor and Employment.

AB307,1,8 An Act to repeal 103.10 (1) (a) 1. and 2.; to renumber and amend 103.10 (1) (a) (intro.) and 103.10 (5) (b); to amend 103.10 (title), 103.10 (2) (a), 103.10 (5) (a), 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), 103.10 (14) (b), 108.04 (1) (b) 3. (intro.), 111.91 (2) (f) and 230.35 (2m); to repeal and recreate 893.96 (title); and to create 103.10 (1) (fr), 103.10 (4m), 103.10 (5) (b) 2., 103.10 (6) (c) and 230.35 (2n) of the statutes; relating to: leave for school activities.

Analysis by the Legislative Reference Bureau

Under current law, an employe of an employer employing at least 50 individuals on a permanent basis in this state may take no more than 6 weeks of family leave in a 12-month period and no more than 2 weeks of medical leave in a 12-month period. Family leave may be taken for the birth or adoptive placement of a new child or to care for a child, spouse or parent who has a serious health condition. Medical leave may be taken when the employe has a serious health condition which makes the employe unable to perform the employe's employment duties. An employe is not entitled to receive wages or salary while taking family leave or medical leave, but may substitute, for portions of family or medical leave, other types of paid or unpaid leave provided by the employer. An employe who intends to take family or medical leave for the birth or adoptive placement of a child or for planned medical treatment must give the employer advance notice of the birth or adoptive placement or planned medical treatment. In addition, for planned medical treatment, the employe must make a reasonable effort to schedule the medical treatment so that it does not unduly disrupt the operations of the employer.

This bill allows an employe of an employer employing at least 50 individuals on a permanent basis in this state to take no more than 4 hours of school activities leave in a 12-month period. School activities leave may be taken to attend activities of the school that the employe's child attends. An employe is not entitled to receive wages or salary while taking school activities leave, but may substitute, for portions of school activities leave, other types of paid or unpaid leave provided by the employer, except that an employe may not substitute paid leave for school activities leave for attending a school activity for less than one hour. An employe who intends to take leave to attend a school activity must give the employer notice of the activity at least 2 weeks before the date of the activity. For purposes of this bill, "child" includes a person 18 years of age or older who is a natural, adopted or foster child, a stepchild or a legal ward of an employe and "school" means a day care center licensed by the department of health and social services, a day care provider certified for funding by a county department of human services or social services, a day care program established or contracted for by a school board, a public, parochial or private preschool or a public, parochial or private school that provides an educational program for one or more grades between kindergarten and 12.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB307, s. 1 Section 1. 103.10 (title) of the statutes is amended to read:

AB307,2,2 103.10 (title) Family, medical and school activities leave.

AB307, s. 2 Section 2. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB307,2,8 103.10 (1) (a) "Child" means a natural, adopted, foster or treatment foster child, a stepchild or a legal ward to whom any of the following applies: of an employe and includes a person 18 years of age or over who is a natural, adopted, foster or treatment foster child, a stephchild or a legal ward of an employe.

AB307, s. 3 Section 3. 103.10 (1) (a) 1. and 2. of the statutes are repealed.

AB307, s. 4 Section 4. 103.10 (1) (fr) of the statutes is created to read:

AB307,3,3 103.10 (1) (fr) "School" means a child care provider as defined in s. 46.98 (1) (am), a public, parochial or private preschool or a public, parochial or private school which provides an educational program for one or more grades between kindergarten and 12 and which is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school or high school.

AB307, s. 5 Section 5. 103.10 (2) (a) of the statutes is amended to read:

AB307,3,7 103.10 (2) (a) Nothing in this section prohibits an employer from providing employes with rights to family leave or, medical leave which or school activities leave that are more generous to the employe than the rights provided under this section.

AB307, s. 6 Section 6. 103.10 (4m) of the statutes is created to read:

AB307,3,11 103.10 (4m) School activities leave. Subject to sub. (6) (c), an employe may take no more than 4 hours of school activities leave in a 12-month period for the purpose of attending activities of the school that the employe's child attends.

AB307, s. 7 Section 7. 103.10 (5) (a) of the statutes is amended to read:

AB307,3,14 103.10 (5) (a) This section does not entitle an employe to receive wages or salary while taking family leave or, medical leave or school activities leave.

AB307, s. 8 Section 8. 103.10 (5) (b) of the statutes is renumbered 103.10 (5) (b) 1. and amended to read:

AB307,3,19 103.10 (5) (b) 1. An Subject to subd. 2., an employe may substitute, for portions of family leave or, medical leave or school activities leave, paid or unpaid leave of any other type provided by the employer.

AB307, s. 9 Section 9. 103.10 (5) (b) 2. of the statutes is created to read:

AB307,3,22 103.10 (5) (b) 2. Notwithstanding subd. 1., an employe may not substitute paid leave for school activities leave for attending a school activity for less than one hour.

AB307, s. 10 Section 10. 103.10 (6) (c) of the statutes is created to read:

AB307,4,3 103.10 (6) (c) If an employe intends to take leave for the purpose of attending a school activity, the employe shall give the employer notice of the activity at least 2 weeks before the date of the activity.

AB307, s. 11 Section 11. 103.10 (8) (a) (intro.) of the statutes is amended to read:

AB307,4,7 103.10 (8) (a) (intro.) Subject to par. (c), when an employe returns from family leave or, medical leave or school activities leave, his or her employer shall immediately place the employe in an employment position as follows:

AB307, s. 12 Section 12. 103.10 (8) (a) 1. of the statutes is amended to read:

AB307,4,11 103.10 (8) (a) 1. If the employment position which the employe held immediately before the family leave or, medical leave or school activities leave began is vacant when the employe returns, in that position.

AB307, s. 13 Section 13. 103.10 (8) (a) 2. of the statutes is amended to read:

AB307,4,17 103.10 (8) (a) 2. If the employment position which the employe held immediately before the family leave or, medical leave or school activities leave began is not vacant when the employe returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment and other terms and conditions of employment.

AB307, s. 14 Section 14. 103.10 (8) (b) of the statutes is amended to read:

AB307,4,22 103.10 (8) (b) No employer may, because an employe received family leave or, medical leave or school activities leave, reduce or deny an employment benefit which accrued to the employe before his or her leave began or, consistent with sub. (9), accrued after his or her leave began.

AB307, s. 15 Section 15. 103.10 (8) (c) of the statutes is amended to read:

AB307,5,3 103.10 (8) (c) Notwithstanding par. (a), if an employe on a family, medical or family school activities leave wishes to return to work before the end of the leave as scheduled, the employer shall place the employe 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.

AB307, s. 16 Section 16. 103.10 (9) (a) of the statutes is amended to read:

AB307,5,10 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a returning employe to a right, employment benefit or employment position to which the employe would not have been entitled had he or she not taken family leave or, medical leave or school activities leave or to the accrual of any seniority or employment benefit during a period of family leave or , medical leave or school activities leave.

AB307, s. 17 Section 17. 103.10 (9) (b) of the statutes is amended to read:

AB307,5,19 103.10 (9) (b) Subject to par. (c), during a period an employe takes family leave or, medical leave or school activities 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 school activities leave began. If the employe 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 employe had not taken the family leave or, medical leave or school activities leave.

AB307, s. 18 Section 18. 103.10 (9) (c) 4. of the statutes is amended to read:

AB307,6,2 103.10 (9) (c) 4. If an employe ends his or her employment with an employer during or within 30 days after a period of family leave or , medical leave or school activities leave, the employer may deduct from the amount returned to the employe under subd. 3. any premium or similar expense paid by the employer for the employe's group health insurance coverage while the employe was on family leave or, medical leave or school activities leave.

AB307, s. 19 Section 19. 103.10 (9) (d) of the statutes is amended to read:

AB307,6,8 103.10 (9) (d) If an employe ends his or her employment with an employer during or at the end of a period of family leave or, medical leave or school activities, the time period for conversion to individual coverage under s. 632.897 (6) shall be calculated as beginning on the day that the employe began the period of family leave or, medical leave or school activities.

AB307, s. 20 Section 20. 103.10 (10) of the statutes is amended to read:

AB307,6,14 103.10 (10) Alternative employment. Nothing in this section prohibits an employer and an employe with a serious health condition from mutually agreeing to alternative employment for the employe while the serious health condition lasts. No period of alternative employment, with the same employer, reduces the employe's right to family leave or, medical leave or school activities leave.

AB307, s. 21 Section 21. 103.10 (12) (d) of the statutes is amended to read:

AB307,6,21 103.10 (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 requested family leave or, medical leave or school activities leave, reinstating an employe, providing back pay accrued not more than 2 years before the complaint was filed and paying reasonable actual attorney fees to the complainant.

AB307, s. 22 Section 22. 103.10 (14) (b) of the statutes is amended to read:

AB307,7,2 103.10 (14) (b) Any person employing at least 25 individuals shall post, in one or more conspicuous places where notices to employes 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).

AB307, s. 23 Section 23. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:

AB307,7,7 108.04 (1) (b) 3. (intro.) While the employe is on family or medical leave under the federal family and medical leave act of 1993 (P.L. 103-3), 29 USC 2601 to 2654, or s. 103.10 or school activities leave under s. 103.10, until whichever of the following occurs first:

AB307, s. 24 Section 24. 111.91 (2) (f) of the statutes is amended to read:

AB307,7,16 111.91 (2) (f) Family leave and medical leave rights below the minimum afforded under the federal family and medical leave act of 1993, 29 USC 2601 to 2654, and s. 103.10 and school activities leave rights below the minimum afforded under s. 103.10. Nothing in this paragraph prohibits the employer from bargaining on rights to family leave or medical leave which are more generous to the employe than the rights provided under the federal family and medical leave act of 1993, 29 USC 2601 to 2654 and s. 103.10 and on rights to school activities leave which are more generous to the employe than the rights provided under s. 103.10.

AB307, s. 25 Section 25. 230.35 (2m) of the statutes is amended to read:

AB307,7,24 230.35 (2m) An employe shall be eligible for medical or family leave under s. 103.10 upon the expiration, extension or renewal of any collective bargaining agreement in effect on April 26, 1988, which covers the employe. An employe shall be eligible for medical or family leave under the federal family and medical leave act of 1993, 29 USC 2601 to 2654, upon the expiration, extension or renewal of any collective bargaining agreement in effect on August 5, 1993, which covers the employe or on February 5, 1994, whichever is earlier.

AB307, s. 26 Section 26. 230.35 (2n) of the statutes is created to read:

AB307,8,4 230.35 (2n) An employe shall be eligible for school activities leave under s. 103.10 upon the expiration, extension or renewal of any collective bargaining agreement in effect on the effective date of this subsection .... [revisor inserts date], which covers the employe.

AB307, s. 27 Section 27. 893.96 (title) of the statutes is repealed and recreated to read:

AB307,8,7 893.96 (title) Family, medical and school activities leave; civil remedies.

AB307, s. 28 Section 28. Initial applicability.

AB307,8,12 (1)  This act first applies to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection on the day after the collective bargaining agreement expires or on the day on which the collective bargaining agreement is renewed, extended or modified.

AB307,8,13 (End)