AB510: Bill Text

AB510,5,7 103.10 (8) (a) 1. If the employment position which the employe held immediately before the family leave or, medical leave or school conference and activities leave began is vacant when the employe returns, in that position.

AB510, s. 12 Section 12. 103.10 (8) (a) 2. of the statutes is amended to read:

AB510,5,13 103.10 (8) (a) 2. If the employment position which the employe held immediately before the family leave or, medical leave or school conference and 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.

AB510, s. 13 Section 13. 103.10 (8) (b) of the statutes is amended to read:

AB510,5,18 103.10 (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.

AB510, s. 14 Section 14. 103.10 (8) (c) of the statutes is amended to read:

AB510,5,24 103.10 (8) (c) Notwithstanding par. (a), if an employe on a family, medical or family school conference and 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.

AB510, s. 15 Section 15. 103.10 (9) (a) of the statutes is amended to read:

AB510,6,6 103.10 (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.

AB510, s. 16 Section 16. 103.10 (9) (b) of the statutes is amended to read:

AB510,6,15 103.10 (9) (b) Subject to par. (c), during a period an employe takes family leave or, medical leave or school conference and 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 conference and 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 conference and activities leave.

AB510, s. 17 Section 17. 103.10 (9) (c) 4. of the statutes is amended to read:

AB510,6,22 103.10 (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 conference and 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 conference and activities leave.

AB510, s. 18 Section 18. 103.10 (9) (d) of the statutes is amended to read:

AB510,7,3 103.10 (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 conference and activities leave, 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 conference and activities leave.

AB510, s. 19 Section 19. 103.10 (10) of the statutes is amended to read:

AB510,7,9 103.10 (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.

AB510, s. 20 Section 20. 103.10 (12) (d) of the statutes is amended to read:

AB510,7,17 103.10 (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 the requested family leave or , medical leave or school conference and 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.

AB510, s. 21 Section 21. 103.10 (14) (b) of the statutes is amended to read:

AB510,7,22 103.10 (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).

AB510, s. 22 Section 22. 108.04 (1) (b) 3. (intro.) of the statutes is amended to read:

AB510,8,2 108.04 (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:

AB510, s. 23 Section 23. 111.91 (2) (f) of the statutes is amended to read:

AB510,8,12 111.91 (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.

AB510, s. 24 Section 24. 230.35 (2m) of the statutes is amended to read:

AB510,8,19 230.35 (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 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.

AB510, s. 25 Section 25. 230.45 (1) (k) of the statutes is amended to read:

AB510,8,22 230.45 (1) (k) Receive and process complaints of violations relating to family or, medical or school activities leave under s. 103.10 (12).

AB510, s. 26 Section 26. 253.10 (3) (d) 1. of the statutes is amended to read:

AB510,9,25 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform a woman about public and private agencies, including adoption agencies, and services that are available to provide information on family planning, as defined in s. 253.07 (1) (a), including natural family planning information, to provide ultrasound imaging services, to assist her if she has received a diagnosis that her unborn child has a disability or if her pregnancy is the result of sexual assault or incest and to assist her through pregnancy, upon childbirth and while the child is dependent. The materials shall include a comprehensive list of the agencies available, a description of the services that they offer and a description of the manner in which they may be contacted, including telephone numbers and addresses, or, at the option of the department, the materials shall include a toll-free, 24-hour telephone number that may be called to obtain an oral listing of available agencies and services in the locality of the caller and a description of the services that the agencies offer and the manner in which they may be contacted. The materials shall provide information on the availability of governmentally funded programs that serve pregnant women and children. Services identified for the woman shall include aid to families with dependent children under s. 49.19, medical assistance for pregnant women and children under s. 49.47 (4) (am), the job opportunities and basic skills program under s. 49.193, the availability of family or, medical and school conference and activities leave under s. 103.10, child care services, child support laws and programs and the credit for expenses for household and dependent care and services necessary for gainful employment under section 21 of the internal revenue code. The materials shall state that it is unlawful to perform an abortion for which consent has been coerced, that any physician who performs or induces an abortion without obtaining the woman's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty, that the father of a child is liable for assistance in the support of the child, even in instances in which the father has offered to pay for an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth and neonatal care. The materials shall include information, for a woman whose pregnancy is the result of sexual assault or incest, on legal protections available to the woman and her child if she wishes to oppose establishment of paternity or to terminate the father's parental rights. The materials shall state that fetal ultrasound imaging and auscultation of fetal heart tone services are obtainable by pregnant women who wish to use them and shall describe the services.

AB510, s. 27 Section 27. 893.96 (title) of the statutes is repealed and recreated to read:

AB510,10,11 893.96 (title) Family, medical and school conference and activities leave; civil remedies.

AB510, s. 28 Section 28. Initial applicability.

AB510,10,16 (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 contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified or renewed, whichever occurs first.

AB510, s. 29 Section 29. Effective date.

AB510,10,19 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB510,10,20 (End)