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 1An Act to repeal 103.10 (1) (a) 1. and 2.; to renumber and amend 103.10 (1)
2(a) (intro.) and 103.10 (5) (b); to amend 103.10 (title), 103.10 (2) (a), 103.10 (5)
3(a), 103.10 (8) (a) (intro.), 103.10 (8) (a) 1., 103.10 (8) (a) 2., 103.10 (8) (b), 103.10
4(8) (c), 103.10 (9) (a), 103.10 (9) (b), 103.10 (9) (c) 4., 103.10 (9) (d), 103.10 (10),
5103.10 (12) (d), 103.10 (14) (b), 108.04 (1) (b) 3. (intro.), 111.91 (2) (f) and 230.35
6(2m); to repeal and recreate 893.96 (title); and to create 103.10 (1) (fr),
7103.10 (4m), 103.10 (5) (b) 2., 103.10 (6) (c) and 230.35 (2n) of the statutes;
8relating 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 1Section 1. 103.10 (title) of the statutes is amended to read:
AB307,2,2 2103.10 (title) Family, medical and school activities leave.
AB307, s. 2 3Section 2. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and
4amended to read:
AB307,2,85 103.10 (1) (a) "Child" means a natural, adopted, foster or treatment foster
6child, a stepchild or a legal ward to whom any of the following applies: of an employe
7and includes a person 18 years of age or over who is a natural, adopted, foster or
8treatment foster child, a stephchild or a legal ward of an employe.
AB307, s. 3 9Section 3. 103.10 (1) (a) 1. and 2. of the statutes are repealed.
AB307, s. 4 10Section 4. 103.10 (1) (fr) of the statutes is created to read:
AB307,3,311 103.10 (1) (fr) "School" means a child care provider as defined in s. 46.98 (1)
12(am), a public, parochial or private preschool or a public, parochial or private school

1which provides an educational program for one or more grades between
2kindergarten and 12 and which is commonly known as a kindergarten, elementary
3school, middle school, junior high school, senior high school or high school.
AB307, s. 5 4Section 5. 103.10 (2) (a) of the statutes is amended to read:
AB307,3,75 103.10 (2) (a) Nothing in this section prohibits an employer from providing
6employes with rights to family leave or, medical leave which or school activities leave
7that
are more generous to the employe than the rights provided under this section.
AB307, s. 6 8Section 6. 103.10 (4m) of the statutes is created to read:
AB307,3,119 103.10 (4m) School activities leave. Subject to sub. (6) (c), an employe may
10take no more than 4 hours of school activities leave in a 12-month period for the
11purpose of attending activities of the school that the employe's child attends.
AB307, s. 7 12Section 7. 103.10 (5) (a) of the statutes is amended to read:
AB307,3,1413 103.10 (5) (a) This section does not entitle an employe to receive wages or salary
14while taking family leave or, medical leave or school activities leave.
AB307, s. 8 15Section 8. 103.10 (5) (b) of the statutes is renumbered 103.10 (5) (b) 1. and
16amended to read:
AB307,3,1917 103.10 (5) (b) 1. An Subject to subd. 2., an employe may substitute, for portions
18of family leave or, medical leave or school activities leave, paid or unpaid leave of any
19other type provided by the employer.
AB307, s. 9 20Section 9. 103.10 (5) (b) 2. of the statutes is created to read:
AB307,3,2221 103.10 (5) (b) 2. Notwithstanding subd. 1., an employe may not substitute paid
22leave for school activities leave for attending a school activity for less than one hour.
AB307, s. 10 23Section 10. 103.10 (6) (c) of the statutes is created to read:
AB307,4,3
1103.10 (6) (c) If an employe intends to take leave for the purpose of attending
2a school activity, the employe shall give the employer notice of the activity at least
32 weeks before the date of the activity.
AB307, s. 11 4Section 11. 103.10 (8) (a) (intro.) of the statutes is amended to read:
AB307,4,75 103.10 (8) (a) (intro.) Subject to par. (c), when an employe returns from family
6leave or, medical leave or school activities leave, his or her employer shall
7immediately place the employe in an employment position as follows:
AB307, s. 12 8Section 12. 103.10 (8) (a) 1. of the statutes is amended to read:
AB307,4,119 103.10 (8) (a) 1. If the employment position which the employe held
10immediately before the family leave or, medical leave or school activities leave began
11is vacant when the employe returns, in that position.
AB307, s. 13 12Section 13. 103.10 (8) (a) 2. of the statutes is amended to read:
AB307,4,1713 103.10 (8) (a) 2. If the employment position which the employe held
14immediately before the family leave or, medical leave or school activities leave began
15is not vacant when the employe returns, in an equivalent employment position
16having equivalent compensation, benefits, working shift, hours of employment and
17other terms and conditions of employment.
AB307, s. 14 18Section 14. 103.10 (8) (b) of the statutes is amended to read:
AB307,4,2219 103.10 (8) (b) No employer may, because an employe received family leave or,
20medical leave or school activities leave, reduce or deny an employment benefit which
21accrued to the employe before his or her leave began or, consistent with sub. (9),
22accrued after his or her leave began.
AB307, s. 15 23Section 15. 103.10 (8) (c) of the statutes is amended to read:
AB307,5,324 103.10 (8) (c) Notwithstanding par. (a), if an employe on a family, medical or
25family school activities leave wishes to return to work before the end of the leave as

1scheduled, the employer shall place the employe in an employment position of the
2type described in par. (a) 1. or 2. within a reasonable time not exceeding the duration
3of the leave as scheduled.
AB307, s. 16 4Section 16. 103.10 (9) (a) of the statutes is amended to read:
AB307,5,105 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a
6returning employe to a right, employment benefit or employment position to which
7the employe would not have been entitled had he or she not taken family leave or,
8medical leave or school activities leave or to the accrual of any seniority or
9employment benefit during a period of family leave or , medical leave or school
10activities leave
.
AB307, s. 17 11Section 17. 103.10 (9) (b) of the statutes is amended to read:
AB307,5,1912 103.10 (9) (b) Subject to par. (c), during a period an employe takes family leave
13or, medical leave or school activities leave, his or her employer shall maintain group
14health insurance coverage under the conditions that applied immediately before the
15family leave or, medical leave or school activities leave began. If the employe
16continues making any contribution required for participation in the group health
17insurance plan, the employer shall continue making group health insurance
18premium contributions as if the employe had not taken the family leave or, medical
19leave or school activities leave.
AB307, s. 18 20Section 18. 103.10 (9) (c) 4. of the statutes is amended to read:
AB307,6,221 103.10 (9) (c) 4. If an employe ends his or her employment with an employer
22during or within 30 days after a period of family leave or , medical leave or school
23activities leave
, the employer may deduct from the amount returned to the employe
24under subd. 3. any premium or similar expense paid by the employer for the

1employe's group health insurance coverage while the employe was on family leave
2or, medical leave or school activities leave.
AB307, s. 19 3Section 19. 103.10 (9) (d) of the statutes is amended to read:
AB307,6,84 103.10 (9) (d) If an employe ends his or her employment with an employer
5during or at the end of a period of family leave or, medical leave or school activities,
6the time period for conversion to individual coverage under s. 632.897 (6) shall be
7calculated as beginning on the day that the employe began the period of family leave
8or, medical leave or school activities.
AB307, s. 20 9Section 20. 103.10 (10) of the statutes is amended to read:
AB307,6,1410 103.10 (10) Alternative employment. Nothing in this section prohibits an
11employer and an employe with a serious health condition from mutually agreeing to
12alternative employment for the employe while the serious health condition lasts. No
13period of alternative employment, with the same employer, reduces the employe's
14right to family leave or, medical leave or school activities leave.
AB307, s. 21 15Section 21. 103.10 (12) (d) of the statutes is amended to read:
AB307,6,2116 103.10 (12) (d) The department shall issue its decision and order within 30 days
17after the hearing. If the department finds that an employer violated sub. (11) (a) or
18(b), it may order the employer to take action to remedy the violation, including
19providing requested family leave or, medical leave or school activities leave,
20reinstating an employe, providing back pay accrued not more than 2 years before the
21complaint was filed and paying reasonable actual attorney fees to the complainant.
AB307, s. 22 22Section 22. 103.10 (14) (b) of the statutes is amended to read:
AB307,7,223 103.10 (14) (b) Any person employing at least 25 individuals shall post, in one
24or more conspicuous places where notices to employes are customarily posted, a

1notice describing the person's policy with respect to leave for the reasons described
2in subs. (3) (b) and, (4) (a) and (4m).
AB307, s. 23 3Section 23. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:
AB307,7,74 108.04 (1) (b) 3. (intro.) While the employe is on family or medical leave under
5the federal family and medical leave act of 1993 (P.L. 103-3), 29 USC 2601 to 2654,
6or s. 103.10 or school activities leave under s. 103.10, until whichever of the following
7occurs first:
AB307, s. 24 8Section 24. 111.91 (2) (f) of the statutes is amended to read:
AB307,7,169 111.91 (2) (f) Family leave and medical leave rights below the minimum
10afforded under the federal family and medical leave act of 1993, 29 USC 2601 to 2654,
11and s. 103.10 and school activities leave rights below the minimum afforded under

12s. 103.10. Nothing in this paragraph prohibits the employer from bargaining on
13rights to family leave or medical leave which are more generous to the employe than
14the rights provided under the federal family and medical leave act of 1993, 29 USC
152601
to 2654 and s. 103.10 and on rights to school activities leave which are more
16generous to the employe than the rights provided under
s. 103.10.
AB307, s. 25 17Section 25. 230.35 (2m) of the statutes is amended to read:
AB307,7,2418 230.35 (2m) An employe shall be eligible for medical or family leave under s.
19103.10 upon the expiration, extension or renewal of any collective bargaining
20agreement in effect on April 26, 1988, which covers the employe. An employe shall
21be eligible for medical or family leave under the federal family and medical leave act
22of 1993, 29 USC 2601 to 2654, upon the expiration, extension or renewal of any
23collective bargaining agreement in effect on August 5, 1993, which covers the
24employe or on February 5, 1994, whichever is earlier.
AB307, s. 26 25Section 26. 230.35 (2n) of the statutes is created to read:
AB307,8,4
1230.35 (2n) An employe shall be eligible for school activities leave under s.
2103.10 upon the expiration, extension or renewal of any collective bargaining
3agreement in effect on the effective date of this subsection .... [revisor inserts date],
4which covers the employe.
AB307, s. 27 5Section 27. 893.96 (title) of the statutes is repealed and recreated to read:
AB307,8,7 6893.96 (title) Family, medical and school activities leave; civil
7remedies.
AB307, s. 28 8Section 28. Initial applicability.
AB307,8,12 9(1)  This act first applies to an employe covered by a collective bargaining
10agreement that is in effect on the effective date of this subsection on the day after the
11collective bargaining agreement expires or on the day on which the collective
12bargaining agreement is renewed, extended or modified.
AB307,8,1313 (End)
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