LRB-2031/2
GMM:skg:jlb
1995 - 1996 LEGISLATURE
September 27, 1995 - Introduced by Senators Chvala, Wineke and Risser,
cosponsored by Representatives
R. Young, Baldwin, Bock, Travis, Coggs,
Morris-Tatum, Krusick, L. Young and Turner. Referred to Committee on
Business, Economic Development and Urban Affairs.
SB355,1,5
1An Act to repeal 103.10 (3) (a) 1., 103.10 (3) (a) 2., 103.10 (4) (title) and 103.10
2(4) (b);
to renumber 103.10 (4) (c);
to renumber and amend 103.10 (3) (a) 3.
3and 103.10 (4) (a); and
to amend 103.10 (3) (title) and 103.10 (14) (b) of the
4statutes;
relating to: the number of weeks of family or medical leave that an
5employe may take in a 12-month period.
Analysis by the Legislative Reference Bureau
Under the current Wisconsin family and medical leave 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 leave in a 12-month period for the birth or adoptive
placement of a new child and no more than 2 weeks of family leave in a 12-month
period to care for a child, spouse or parent who has a serious health condition and
no more than 2 weeks of leave in a 12-month period because of a serious health
condition that makes the employe unable to perform his or her employment duties.
Under the current federal family and medical leave law, an employe of an employer
employing at least 50 individuals for each working day during 20 or more weeks in
the current or preceding year may take no more than 12 weeks of leave in a 12-month
period for the birth or adoptive or foster placement of a new child, to care for a child,
spouse or parent who has a serious health condition or because of a serious health
condition that makes the employe unable to perform the functions of his or her
position. The current federal family and medical leave law does not, however,
supersede any state or local law that provides greater rights than the rights under
the federal family and medical leave law. Under both the federal and the Wisconsin
family and medical leave laws, an employe is not entitled to receive wages or salary
while taking family leave, but may substitute for family leave other types of paid or
unpaid leave provided by the employer. This bill increases to 16 the number of weeks
for which an employe may take leave for the birth or adoptive placement of a new
child, to care for a child, spouse or parent who has a serious health condition or
because of a serious health condition that makes the employe unable to perform his
or her employment duties.
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:
SB355, s. 1
1Section
1. 103.10 (3) (title) of the statutes is amended to read:
SB355,2,22
103.10
(3) (title)
Family
Entitlement to leave.
SB355, s. 2
3Section
2. 103.10 (3) (a) 1. of the statutes is repealed.
SB355, s. 3
4Section
3. 103.10 (3) (a) 2. of the statutes is repealed.
SB355, s. 4
5Section
4. 103.10 (3) (a) 3. of the statutes is renumbered 103.10 (3) (a) and
6amended to read:
SB355,2,97
103.10
(3) (a) In a 12-month period no employe may take more than
8 16 weeks
8of family
or medical leave for any combination of reasons specified under par. (b)
or
9(bm).
SB355, s. 5
10Section
5. 103.10 (4) (title) of the statutes is repealed.
SB355, s. 6
11Section
6. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (bm) and
12amended to read:
SB355,2,1613
103.10
(3) (bm)
Subject to pars. (b) and (c), an An employe who has a serious
14health condition which makes the employe unable to perform his or her employment
15duties may take medical leave for the period during which he or she is unable to
16perform those duties.
SB355, s. 7
17Section
7. 103.10 (4) (b) of the statutes is repealed.
SB355, s. 8
18Section
8. 103.10 (4) (c) of the statutes is renumbered 103.10 (3) (e).
SB355, s. 9
19Section
9. 103.10 (14) (b) of the statutes is amended to read:
SB355,3,4
1103.10
(14) (b) Any person employing at least 25 individuals shall post, in one
2or more conspicuous places where notices to employes are customarily posted, a
3notice describing the person's policy with respect to leave for the reasons described
4in
subs. sub. (3) (b) and
(4) (a) (bm).
SB355,3,10
6(1)
Family leave. This act first applies to employes covered under a collective
7bargaining agreement that contains provisions inconsistent with section 103.10 (3)
8(a) 3., as affected by this act, on the day after the collective bargaining agreement
9expires or on the day on which the collective bargaining agreement is extended,
10modified or renewed.
