AB166, s. 36 24Section 36. 103.10 (7) (a) of the statutes is amended to read:
AB166,12,6
1103.10 (7) (a) If an employe requests family leave for a reason described in
2under sub. (3) (b) 3. or requests medical leave (c) or (d), the employer may require the
3employe to provide certification, as described in par. (b), issued by the health care
4provider or Christian Science practitioner of the child, spouse, parent or employe,
5whichever is appropriate, and the employe shall provide a copy of that certification
6to the employer in a timely manner
.
AB166, s. 37 7Section 37. 103.10 (7) (b) 4. of the statutes is amended to read:
AB166,12,108 103.10 (7) (b) 4. If the employe requests medical leave, an explanation of the
9extent to which
under sub. (3) (d), a statement that the employe is unable to perform
10his or her employment duties the functions of the employe's position.
AB166, s. 38 11Section 38. 103.10 (7) (c) of the statutes is renumbered 103.10 (7) (c) 1. and
12amended to read:
AB166,12,1613 103.10 (7) (c) 1. The If the employer has reason to doubt the validity of a
14certification provided under par. (a), the
employer may require the employe to obtain
15the opinion of a 2nd health care provider, chosen designated or approved and paid
16for by the employer, concerning any information certified under par. (b).
AB166, s. 39 17Section 39. 103.10 (7) (c) 2. of the statutes is created to read:
AB166,12,1918 103.10 (7) (c) 2. A health care provider designated or approved under subd. 1.
19may not be employed on a regular basis by the employer.
AB166, s. 40 20Section 40. 103.10 (7) (d) of the statutes is created to read:
AB166,13,221 103.10 (7) (d) If a 2nd opinion obtained under par. (c) 1. differs from the opinion
22in the certification provided under par. (a), the employer may require the employe
23to obtain the opinion of a 3rd health care provider, designated or approved by the
24employer and employe jointly and paid for by the employer, concerning any

1information certified under par. (b). The employer and employe shall accept the 3rd
2opinion obtained under this paragraph as final and binding upon them.
AB166, s. 41 3Section 41. 103.10 (7) (e) of the statutes is created to read:
AB166,13,54 103.10 (7) (e) The employer may require that an employe obtain
5recertifications after the original certification under par. (b) on a reasonable basis.
AB166, s. 42 6Section 42. 103.10 (8) (a) of the statutes is amended to read:
AB166,13,107 103.10 (8) (a) Subject to par. (c) (d), when an employe returns from who takes
8family leave or, medical leave or school conference and activities leave returns from
9that leave
, his or her employer shall immediately place the employe in an
10employment position as follows:
AB166,13,1311 1. If In the employment position which the employe held immediately before
12when the family leave or, medical leave or school conference and activities leave
13began is vacant when the employe returns, in that position.
AB166,13,1814 2. If the employment position which the employe held immediately before the
15family leave or medical leave began is not vacant when the employe returns, in
In
16an equivalent employment position having equivalent compensation, employment
17benefits, working shift, hours of employment and other terms and conditions of
18employment.
AB166, s. 43 19Section 43. 103.10 (8) (b) of the statutes is amended to read:
AB166,13,2320 103.10 (8) (b) No employer may, because an employe received family leave or,
21medical leave or school conference and activities leave, reduce or deny an
22employment benefit which accrued to the employe before his or her leave began or,
23consistent with sub. (9), accrued after his or her leave began
.
AB166, s. 44 24Section 44. 103.10 (8) (c) of the statutes is repealed and recreated to read:
AB166,14,3
1103.10 (8) (c) An employer may require an employe who is on family or medical
2leave to report periodically to the employer on the employe's status and intention of
3returning to work.
AB166, s. 45 4Section 45. 103.10 (8) (d) of the statutes is created to read:
AB166,14,85 103.10 (8) (d) Notwithstanding par. (a), an employer may adopt a uniformly
6applied practice or policy that requires an employe who is returning from leave under
7sub. (3) (d) to obtain a certification from the employe's health care provider that the
8employe is able to return to work.
AB166, s. 46 9Section 46. 103.10 (9) (a) of the statutes is amended to read:
AB166,14,1510 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a
11returning employe to a right, employment benefit or employment position to which
12the employe would not have been entitled had he or she not taken family leave or,
13medical leave or school conference and activities leave or to the accrual of any
14seniority or employment benefit during a period of family leave or, medical leave or
15school conference and activities leave
.
AB166, s. 47 16Section 47. 103.10 (9) (b) of the statutes is amended to read:
AB166,14,2517 103.10 (9) (b) Subject to par. (c), during a period that an employe takes family
18leave or, medical leave or school conference and activities leave, his or her employer
19shall maintain group health insurance coverage at the level and under the conditions
20that applied immediately before the family leave or medical leave began. If the
21employe continues making any contribution required for participation in the group
22health insurance plan, the employer shall continue making group health insurance
23premium contributions as if the employe had not taken the family leave or medical

24the employer would have provided coverage if the employe had continued in
25employment continuously during that
leave.
AB166, s. 48
1Section 48. 103.10 (9) (c) of the statutes is repealed and recreated to read:
AB166,15,82 103.10 (9) (c) An employer may recover from an employe the premium paid by
3the employer to maintain group health insurance coverage for the employe during
4a period of unpaid family leave, medical leave or school conference and activities
5leave if the employe fails to return from that leave after the period of leave to which
6the employe is entitled has expired for a reason other than the continuation,
7recurrence or onset of a serious health condition that entitles the employe to leave
8under sub. (3) (c) or (d) or other circumstances beyond the control of the employe.
AB166, s. 49 9Section 49. 103.10 (9) (d) of the statutes is repealed and recreated to read:
AB166,15,1710 103.10 (9) (d) If an employe claims that he or she is unable to return to work
11because of the continuation, recurrence or onset of a serious health condition that
12entitles the employe to leave under sub. (3) (d), the employer may require the
13employe to provide certification issued by the health care provider or Christian
14Science practitioner that a serious health condition prevented the employe from
15being able to perform the functions of the employe's position on the day that the
16employe's leave expired. The employe shall provide a copy of the certification under
17this paragraph to the employer in a timely manner.
AB166, s. 50 18Section 50. 103.10 (10) of the statutes is amended to read:
AB166,15,2319 103.10 (10) Alternative employment. Nothing in this section prohibits an
20employer and an employe with a serious health condition from mutually agreeing to
21alternative employment for the employe while the serious health condition lasts. No
22period of alternative employment, with the same employer, reduces the employe's
23right to family leave or, medical leave or school conference and activities leave.
AB166, s. 51 24Section 51. 103.10 (11) (c) of the statutes is repealed and recreated to read:
AB166,16,4
1103.10 (11) (c) 1. No person may discharge or in any manner discriminate
2against any individual for filing a complaint or attempting to enforce any right under
3this section or for testifying or assisting in any action or proceeding to enforce any
4right under this section.
AB166,16,75 2. No person may discharge or in any manner discriminate against any
6individual because that person believes that the individual has engaged or may
7engage in an activity described in subd. 1.
AB166, s. 52 8Section 52. 103.10 (11) (d) of the statutes is created to read:
AB166,16,119 103.10 (11) (d) Notwithstanding pars. (a) to (c), any action taken by an
10employer to comply with 29 USC 2601 to 2654 is not considered to be a violation of
11this section.
AB166, s. 53 12Section 53. 103.10 (12) (b) of the statutes is amended to read:
AB166,16,2413 103.10 (12) (b) An employe who believes that his or her employer has violated
14sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employe should
15reasonably have known that the violation occurred, whichever is later,
file a
16complaint with the department alleging the violation. A complaint under this
17subsection may be filed no later than 300 days after the date of the last event
18constituting the alleged violation for which the complaint is brought.
Except as
19provided in s. 230.45 (1m), the department shall investigate the complaint and shall
20attempt to resolve the complaint by conference, conciliation or persuasion. If the
21complaint is not resolved and the department finds probable cause to believe a
22violation has occurred, the department shall proceed with notice and a hearing on
23the complaint as provided in ch. 227. The hearing shall be held within 60 days after
24the department receives the complaint.
AB166, s. 54 25Section 54. 103.10 (12) (c) of the statutes is repealed.
AB166, s. 55
1Section 55. 103.10 (12) (d) of the statutes is amended to read:
AB166,17,82 103.10 (12) (d) The department shall issue its decision and order within 30 days
3after the hearing. If the department finds that an employer violated sub. (11) (a) or
4(b)
, it may order the employer to take action to remedy the violation, including
5providing requested family leave or, medical leave or school conference and activities
6leave
, reinstating an employe, promoting an employe, providing back pay accrued
7not more than 2 years before the complaint was filed
and employment benefits to an
8employe
and paying reasonable actual attorney fees to the complainant.
AB166, s. 56 9Section 56. 103.10 (12) (e) of the statutes is created to read:
AB166,17,1210 103.10 (12) (e) Any respondent or complainant who is dissatisfied with the
11findings and order of the examiner may file a written petition with the department
12for review by the commission of the findings and order.
AB166, s. 57 13Section 57. 103.10 (12) (f) of the statutes is created to read:
AB166,17,2314 103.10 (12) (f) If no petition is filed within 21 days from the date that a copy
15of the findings and order of the examiner is mailed to the last-known address of the
16respondent, the findings and order shall be considered final. If a timely petition is
17filed, the commission, on review, may either affirm, reverse or modify the findings
18or order in whole or in part, or set aside the findings and order and remand to the
19department for further proceedings. Such actions shall be based on a review of the
20evidence submitted. If the commission is satisfied that a respondent or complainant
21has been prejudiced because of exceptional delay in the receipt of a copy of any
22findings and orders it may extend the time another 21 days for filing the petition with
23the department.
AB166, s. 58 24Section 58. 103.10 (12) (g) of the statutes is created to read:
AB166,18,7
1103.10 (12) (g) On motion, the commission may set aside, modify or change any
2decision made by the commission, at any time within 28 days from the date thereof
3if it discovers any mistake therein, or upon the grounds of newly discovered evidence.
4The commission may on its own motion, for reasons it considers sufficient, set aside
5any final decision of the commission within one year after the date thereof upon
6grounds of mistake or newly discovered evidence, and remand the case to the
7department for further proceedings.
AB166, s. 59 8Section 59. 103.10 (13) (a) of the statutes is amended to read:
AB166,18,139 103.10 (13) (a) An employe or the department may bring an action in circuit
10court against an employer on behalf of the employe, or on behalf of the employe and
11other employes similarly situated,
to recover damages, as described in par. (c),
12caused by a violation of sub. (11) after the completion of an administrative
13proceeding, including judicial review, concerning the same violation.
AB166, s. 60 14Section 60. 103.10 (13) (b) (intro.) and 1. of the statutes are consolidated,
15renumbered 103.10 (13) (b) and amended to read:
AB166,18,1916 103.10 (13) (b) An action under par. (a) shall be commenced within the later
17of the following periods, or be barred: 1. Within
60 days from after the completion
18of an administrative proceeding, including judicial review, concerning the same
19violation, or be barred.
AB166, s. 61 20Section 61. 103.10 (13) (b) 2. of the statutes is repealed.
AB166, s. 62 21Section 62. 103.10 (13) (c) of the statutes is created to read:
AB166,19,222 103.10 (13) (c) If a circuit court finds that an employer has violated sub. (11),
23it may order the employer to take action to remedy the violation, including providing
24requested family leave, medical leave or school conference and activities leave,
25reinstating an employe, promoting an employe and paying reasonable actual

1attorney fees to the complainant, notwithstanding s. 814.04 (1), and to pay all of the
2following damages to the affected employe:
AB166,19,83 1. Damages equal to the amount of any wages, salary, employment benefits or
4other compensation that was denied to or lost by the employe because of the violation
5or, if the employe has not lost or been denied any wages, salary, employment benefits
6or other compensation, any actual monetary losses sustained by the employe as a
7direct result of the violation up to a sum equal to 12 weeks of wages or salary for the
8employe.
AB166,19,149 2. As liquidated damages, an amount equal to the damages described in subd.
101., except that the court may reduce the amount of damages that the employer is
11liable for to the amount described in subd. 1. if the employer shows that the act or
12omission that was in violation of sub. (11) was in good faith and that the employer
13had reasonable grounds to believe that the act or omission was not a violation of sub.
14(11).
AB166, s. 63 15Section 63. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and
16amended to read:
AB166,19,2417 103.10 (14) Notice posted. Each employer shall post, in one or more
18conspicuous places on the employer's premises where notices to employes and
19applicants for employment
are customarily posted, a notice in a form prepared or
20approved by the department setting forth employes' rights under this section
21excerpts from, or summaries of, the pertinent provisions of this section and
22information relating to the filing of a complaint under sub. (12) or a civil action under
23sub. (13)
. Any employer who wilfully violates this subsection shall forfeit not more
24than $100 for each offense.
AB166, s. 64 25Section 64. 103.10 (14) (b) of the statutes is repealed.
AB166, s. 65
1Section 65. 103.10 (15) of the statutes is created to read:
AB166,20,52 103.10 (15) Local ordinances. A county, city, village or town may enact an
3ordinance that provides employes with rights to family leave, medical leave or school
4conference and activities leave that are more generous to the employe than the rights
5provided under this section.
AB166, s. 66 6Section 66. 103.10 (16) of the statutes is created to read:
AB166,20,97 103.10 (16) Rules. The department shall promulgate rules to implement this
8section. Those rules shall conform to 29 CFR 825 to the extent that 29 CFR 825 is
9consistent with this section.
AB166, s. 67 10Section 67. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:
AB166,20,1411 108.04 (1) (b) 3. (intro.) While the employe is on family or medical leave under
12the federal family and medical leave act of 1993 (P.L. 103-3), 29 USC 2601 to 2654,
13or s. 103.10 or school conference and activities leave under s. 103.10, until whichever
14of the following occurs first:
AB166, s. 68 15Section 68. 111.322 (2m) (a) of the statutes is amended to read:
AB166,20,1816 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
17right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03
18or 109.07 or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB166, s. 69 19Section 69. 111.322 (2m) (b) of the statutes is amended to read:
AB166,20,2220 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
21held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
22103.455, 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 23Section 70. 111.91 (2) (f) of the statutes is amended to read:
AB166,21,724 111.91 (2) (f) Family leave and medical leave rights below the minimum
25afforded under the federal family and medical leave act of 1993, 29 USC 2601 to 2654,

1and s. 103.10 and school conference and activities leave rights below the minimum
2afforded under
s. 103.10. Nothing in this paragraph prohibits the employer from
3bargaining on rights to family leave or medical leave which are more generous to the
4employe than the rights provided under the federal family and medical leave act of
51993, 29 USC 2601 to 2654 and s. 103.10 and on rights to school conference and
6activities leave which are more generous to the employe than the rights provided
7under
s. 103.10.
AB166, s. 71 8Section 71. 230.35 (2m) of the statutes is amended to read:
AB166,21,159 230.35 (2m) An employe shall be eligible for medical or family leave under s.
10103.10 upon the expiration, extension or renewal of any collective bargaining
11agreement in effect on April 26, 1988, which covers the employe. An employe shall
12be eligible for medical or family leave under the federal family and medical leave act
13of 1993, 29 USC 2601 to 2654, upon the expiration, extension or renewal of any
14collective bargaining agreement in effect on August 5, 1993, which covers the
15employe or on February 5, 1994, whichever is earlier.
AB166, s. 72 16Section 72. 230.35 (2n) of the statutes is created to read:
AB166,21,2017 230.35 (2n) An employe shall be eligible for school conference and activities
18leave under s. 103.10 upon the expiration, extension or renewal of any collective
19bargaining agreement in effect on the effective date of this subsection .... [revisor
20inserts date], which covers the employe.
AB166, s. 73 21Section 73. 252.17 (3) (i) of the statutes is repealed.
AB166, s. 74 22Section 74. 252.17 (4) (a) of the statutes is amended to read:
AB166,22,823 252.17 (4) (a) Except as provided in pars. (b) and (c) par. (b), if an individual
24satisfies sub. (3), the department shall pay the amount of each premium payment for
25coverage under the group health plan under sub. (3) (d) that is due from the

1individual on or after the date on which the individual becomes eligible for a subsidy
2under sub. (3). The department may not refuse to pay the full amount of the
3individual's contribution to each premium payment because the coverage that is
4provided to the individual who satisfies sub. (3) includes coverage of the individual's
5spouse and dependents. Except as provided in par. (b), the department shall
6terminate the payments under this section when the individual's unpaid medical
7leave ends, when the individual no longer satisfies sub. (3) or upon the expiration of
829 months after the unpaid medical leave began, whichever occurs first.
AB166, s. 75 9Section 75. 252.17 (4) (c) of the statutes is repealed.
AB166, s. 76 10Section 76. 632.897 (6) of the statutes is amended to read:
AB166,22,1611 632.897 (6) If the terminated insured elects to continue group coverage as
12provided in this section, the insurer may require conversion to individual coverage
13by the terminated insured and his or her spouse and dependents 18 months after the
14terminated insured elects the group coverage except as provided in s. 103.10 (9) (d).
15The conditions, rights and procedures governing conversion under sub. (4) (a) apply
16to this conversion.
AB166, s. 77 17Section 77. 893.96 (title) of the statutes is repealed and recreated to read:
AB166,22,19 18893.96 (title) Family, medical and school conference and activities
19leave; civil remedies.
AB166, s. 78 20Section 78. Initial applicability.
AB166,22,2521 (1) This act first applies to an employe, as defined in section 103.10 (1) (b) of
22the statutes, who is affected by a collective bargaining agreement that is in effect on
23the effective date of this subsection on the day after the collective bargaining
24agreement expires or on the day on which the collective bargaining agreement is
25extended, modified or renewed, whichever is earlier.
AB166, s. 79
1Section 79. Effective date.
AB166,23,32 (1) This act takes effect on the first day of the 6th month beginning after
3publication.
AB166,23,44 (End)
Loading...
Loading...