AB166: Bill Text

AB166, s. 36 Section 36. 103.10 (7) (a) of the statutes is amended to read:

AB166,12,6 103.10 (7) (a) If an employe requests family leave for a reason described in under sub. (3) (b) 3. or requests medical leave (c) or (d), the employer may require the employe to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, parent or employe, whichever is appropriate, and the employe shall provide a copy of that certification to the employer in a timely manner.

AB166, s. 37 Section 37. 103.10 (7) (b) 4. of the statutes is amended to read:

AB166,12,10 103.10 (7) (b) 4. If the employe requests medical leave, an explanation of the extent to which under sub. (3) (d), a statement that the employe is unable to perform his or her employment duties the functions of the employe's position.

AB166, s. 38 Section 38. 103.10 (7) (c) of the statutes is renumbered 103.10 (7) (c) 1. and amended to read:

AB166,12,16 103.10 (7) (c) 1. The If the employer has reason to doubt the validity of a certification provided under par. (a), the employer may require the employe to obtain the opinion of a 2nd health care provider, chosen designated or approved and paid for by the employer, concerning any information certified under par. (b).

AB166, s. 39 Section 39. 103.10 (7) (c) 2. of the statutes is created to read:

AB166,12,19 103.10 (7) (c) 2. A health care provider designated or approved under subd. 1. may not be employed on a regular basis by the employer.

AB166, s. 40 Section 40. 103.10 (7) (d) of the statutes is created to read:

AB166,13,2 103.10 (7) (d) If a 2nd opinion obtained under par. (c) 1. differs from the opinion in the certification provided under par. (a), the employer may require the employe to obtain the opinion of a 3rd health care provider, designated or approved by the employer and employe jointly and paid for by the employer, concerning any information certified under par. (b). The employer and employe shall accept the 3rd opinion obtained under this paragraph as final and binding upon them.

AB166, s. 41 Section 41. 103.10 (7) (e) of the statutes is created to read:

AB166,13,5 103.10 (7) (e) The employer may require that an employe obtain recertifications after the original certification under par. (b) on a reasonable basis.

AB166, s. 42 Section 42. 103.10 (8) (a) of the statutes is amended to read:

AB166,13,10 103.10 (8) (a) Subject to par. (c) (d), when an employe returns from who takes family leave or, medical leave or school conference and activities leave returns from that leave, his or her employer shall immediately place the employe in an employment position as follows:

AB166,13,13 1. If In the employment position which the employe held immediately before when the family leave or, medical leave or school conference and activities leave began is vacant when the employe returns, in that position.

AB166,13,18 2. If the employment position which the employe held immediately before the family leave or medical leave began is not vacant when the employe returns, in In an equivalent employment position having equivalent compensation, employment benefits, working shift, hours of employment and other terms and conditions of employment.

AB166, s. 43 Section 43. 103.10 (8) (b) of the statutes is amended to read:

AB166,13,23 103.10 (8) (b) No employer may, because an employe received family leave or, medical leave or school conference and 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.

AB166, s. 44 Section 44. 103.10 (8) (c) of the statutes is repealed and recreated to read:

AB166,14,3 103.10 (8) (c) An employer may require an employe who is on family or medical leave to report periodically to the employer on the employe's status and intention of returning to work.

AB166, s. 45 Section 45. 103.10 (8) (d) of the statutes is created to read:

AB166,14,8 103.10 (8) (d) Notwithstanding par. (a), an employer may adopt a uniformly applied practice or policy that requires an employe who is returning from leave under sub. (3) (d) to obtain a certification from the employe's health care provider that the employe is able to return to work.

AB166, s. 46 Section 46. 103.10 (9) (a) of the statutes is amended to read:

AB166,14,15 103.10 (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 conference and activities leave or to the accrual of any seniority or employment benefit during a period of family leave or, medical leave or school conference and activities leave.

AB166, s. 47 Section 47. 103.10 (9) (b) of the statutes is amended to read:

AB166,14,25 103.10 (9) (b) Subject to par. (c), during a period that an employe takes family leave or, medical leave or school conference and activities leave, his or her employer shall maintain group health insurance coverage at the level and under the conditions that applied immediately before the family leave or medical 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 the employer would have provided coverage if the employe had continued in employment continuously during that leave.

AB166, s. 48 Section 48. 103.10 (9) (c) of the statutes is repealed and recreated to read:

AB166,15,8 103.10 (9) (c) An employer may recover from an employe the premium paid by the employer to maintain group health insurance coverage for the employe during a period of unpaid family leave, medical leave or school conference and activities leave if the employe fails to return from that leave after the period of leave to which the employe is entitled has expired for a reason other than the continuation, recurrence or onset of a serious health condition that entitles the employe to leave under sub. (3) (c) or (d) or other circumstances beyond the control of the employe.

AB166, s. 49 Section 49. 103.10 (9) (d) of the statutes is repealed and recreated to read:

AB166,15,17 103.10 (9) (d) If an employe claims that he or she is unable to return to work because of the continuation, recurrence or onset of a serious health condition that entitles the employe to leave under sub. (3) (d), the employer may require the employe to provide certification issued by the health care provider or Christian Science practitioner that a serious health condition prevented the employe from being able to perform the functions of the employe's position on the day that the employe's leave expired. The employe shall provide a copy of the certification under this paragraph to the employer in a timely manner.

AB166, s. 50 Section 50. 103.10 (10) of the statutes is amended to read:

AB166,15,23 103.10 (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 conference and activities leave.

AB166, s. 51 Section 51. 103.10 (11) (c) of the statutes is repealed and recreated to read:

AB166,16,4 103.10 (11) (c) 1. No person may discharge or in any manner discriminate against any individual for filing a complaint or attempting to enforce any right under this section or for testifying or assisting in any action or proceeding to enforce any right under this section.

AB166,16,7 2. No person may discharge or in any manner discriminate against any individual because that person believes that the individual has engaged or may engage in an activity described in subd. 1.

AB166, s. 52 Section 52. 103.10 (11) (d) of the statutes is created to read:

AB166,16,11 103.10 (11) (d) Notwithstanding pars. (a) to (c), any action taken by an employer to comply with 29 USC 2601 to 2654 is not considered to be a violation of this section.

AB166, s. 53 Section 53. 103.10 (12) (b) of the statutes is amended to read:

AB166,16,24 103.10 (12) (b) An employe who believes that his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employe should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. A complaint under this subsection may be filed no later than 300 days after the date of the last event constituting the alleged violation for which the complaint is brought. Except as provided in s. 230.45 (1m), the department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB166, s. 54 Section 54. 103.10 (12) (c) of the statutes is repealed.

AB166, s. 55 Section 55. 103.10 (12) (d) of the statutes is amended to read:

AB166,17,8 103.10 (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 conference and activities leave, reinstating an employe, promoting an employe, providing back pay accrued not more than 2 years before the complaint was filed and employment benefits to an employe and paying reasonable actual attorney fees to the complainant.

AB166, s. 56 Section 56. 103.10 (12) (e) of the statutes is created to read:

AB166,17,12 103.10 (12) (e) Any respondent or complainant who is dissatisfied with the findings and order of the examiner may file a written petition with the department for review by the commission of the findings and order.

AB166, s. 57 Section 57. 103.10 (12) (f) of the statutes is created to read:

AB166,17,23 103.10 (12) (f) If no petition is filed within 21 days from the date that a copy of the findings and order of the examiner is mailed to the last-known address of the respondent, the findings and order shall be considered final. If a timely petition is filed, the commission, on review, may either affirm, reverse or modify the findings or order in whole or in part, or set aside the findings and order and remand to the department for further proceedings. Such actions shall be based on a review of the evidence submitted. If the commission is satisfied that a respondent or complainant has been prejudiced because of exceptional delay in the receipt of a copy of any findings and orders it may extend the time another 21 days for filing the petition with the department.

AB166, s. 58 Section 58. 103.10 (12) (g) of the statutes is created to read:

AB166,18,7 103.10 (12) (g) On motion, the commission may set aside, modify or change any decision made by the commission, at any time within 28 days from the date thereof if it discovers any mistake therein, or upon the grounds of newly discovered evidence. The commission may on its own motion, for reasons it considers sufficient, set aside any final decision of the commission within one year after the date thereof upon grounds of mistake or newly discovered evidence, and remand the case to the department for further proceedings.

AB166, s. 59 Section 59. 103.10 (13) (a) of the statutes is amended to read:

AB166,18,13 103.10 (13) (a) An employe or the department may bring an action in circuit court against an employer on behalf of the employe, or on behalf of the employe and other employes similarly situated, to recover damages, as described in par. (c), caused by a violation of sub. (11) after the completion of an administrative proceeding, including judicial review, concerning the same violation.

AB166, s. 60 Section 60. 103.10 (13) (b) (intro.) and 1. of the statutes are consolidated, renumbered 103.10 (13) (b) and amended to read:

AB166,18,19 103.10 (13) (b) An action under par. (a) shall be commenced within the later of the following periods, or be barred: 1. Within 60 days from after the completion of an administrative proceeding, including judicial review, concerning the same violation, or be barred.

AB166, s. 61 Section 61. 103.10 (13) (b) 2. of the statutes is repealed.

AB166, s. 62 Section 62. 103.10 (13) (c) of the statutes is created to read:

AB166,19,2 103.10 (13) (c) If a circuit court finds that an employer has violated sub. (11), it may order the employer to take action to remedy the violation, including providing requested family leave, medical leave or school conference and activities leave, reinstating an employe, promoting an employe and paying reasonable actual attorney fees to the complainant, notwithstanding s. 814.04 (1), and to pay all of the following damages to the affected employe:

AB166,19,8 1. Damages equal to the amount of any wages, salary, employment benefits or other compensation that was denied to or lost by the employe because of the violation or, if the employe has not lost or been denied any wages, salary, employment benefits or other compensation, any actual monetary losses sustained by the employe as a direct result of the violation up to a sum equal to 12 weeks of wages or salary for the employe.

AB166,19,14 2. As liquidated damages, an amount equal to the damages described in subd. 1., except that the court may reduce the amount of damages that the employer is liable for to the amount described in subd. 1. if the employer shows that the act or omission that was in violation of sub. (11) was in good faith and that the employer had reasonable grounds to believe that the act or omission was not a violation of sub. (11).

AB166, s. 63 Section 63. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and amended to read:

AB166,19,24 103.10 (14) Notice posted. Each employer shall post, in one or more conspicuous places on the employer's premises where notices to employes and applicants for employment are customarily posted, a notice in a form prepared or approved by the department setting forth employes' rights under this section excerpts from, or summaries of, the pertinent provisions of this section and information relating to the filing of a complaint under sub. (12) or a civil action under sub. (13). Any employer who wilfully violates this subsection shall forfeit not more than $100 for each offense.

AB166, s. 64 Section 64. 103.10 (14) (b) of the statutes is repealed.

AB166, s. 65 Section 65. 103.10 (15) of the statutes is created to read:

AB166,20,5 103.10 (15) Local ordinances. A county, city, village or town may enact an ordinance that provides employes with rights to family leave, medical leave or school conference and activities leave that are more generous to the employe than the rights provided under this section.

AB166, s. 66 Section 66. 103.10 (16) of the statutes is created to read:

AB166,20,9 103.10 (16) Rules. The department shall promulgate rules to implement this section. Those rules shall conform to 29 CFR 825 to the extent that 29 CFR 825 is consistent with this section.

AB166, s. 67 Section 67. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:

AB166,20,14 108.04 (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 conference and activities leave under s. 103.10, until whichever of the following occurs first:

AB166, s. 68 Section 68. 111.322 (2m) (a) of the statutes is amended to read:

AB166,20,18 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03 or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB166, s. 69 Section 69. 111.322 (2m) (b) of the statutes is amended to read:

AB166,20,22 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03 or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB166, s. 70 Section 70. 111.91 (2) (f) of the statutes is amended to read:

AB166,21,7 111.91 (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 conference and 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 conference and activities leave which are more generous to the employe than the rights provided under s. 103.10.

AB166, s. 71 Section 71. 230.35 (2m) of the statutes is amended to read:

AB166,21,15 230.35 (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.

AB166, s. 72 Section 72. 230.35 (2n) of the statutes is created to read:

AB166,21,20 230.35 (2n) An employe shall be eligible for school conference and 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.

AB166, s. 73 Section 73. 252.17 (3) (i) of the statutes is repealed.

AB166, s. 74 Section 74. 252.17 (4) (a) of the statutes is amended to read:

AB166,22,8 252.17 (4) (a) Except as provided in pars. (b) and (c) par. (b), if an individual satisfies sub. (3), the department shall pay the amount of each premium payment for coverage under the group health plan under sub. (3) (d) that is due from the individual on or after the date on which the individual becomes eligible for a subsidy under sub. (3). The department may not refuse to pay the full amount of the individual's contribution to each premium payment because the coverage that is provided to the individual who satisfies sub. (3) includes coverage of the individual's spouse and dependents. Except as provided in par. (b), the department shall terminate the payments under this section when the individual's unpaid medical leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of 29 months after the unpaid medical leave began, whichever occurs first.

AB166, s. 75 Section 75. 252.17 (4) (c) of the statutes is repealed.

AB166, s. 76 Section 76. 632.897 (6) of the statutes is amended to read:

AB166,22,16 632.897 (6) If the terminated insured elects to continue group coverage as provided in this section, the insurer may require conversion to individual coverage by the terminated insured and his or her spouse and dependents 18 months after the terminated insured elects the group coverage except as provided in s. 103.10 (9) (d). The conditions, rights and procedures governing conversion under sub. (4) (a) apply to this conversion.

AB166, s. 77 Section 77. 893.96 (title) of the statutes is repealed and recreated to read:

AB166,22,19 893.96 (title) Family, medical and school conference and activities leave; civil remedies.

AB166, s. 78 Section 78. Initial applicability.

AB166,22,25 (1) This act first applies to an employe, as defined in section 103.10 (1) (b) of the statutes, who is affected 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 extended, modified or renewed, whichever is earlier.

AB166, s. 79 Section 79. Effective date.

AB166,23,3 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB166,23,4 (End)