SB8, s. 39
20Section
39. 103.10 (4) (c) of the statutes is repealed.
SB8, s. 40
21Section
40. 103.10 (5) (a) of the statutes is amended to read:
SB8,16,2422
103.10
(5) (a)
This Except as provided in pars. (b) to (d), this section does not
23entitle an employee to receive wages or salary while taking
family leave or medical 24leave
under sub. (3) (a) or (am).
SB8, s. 41
25Section
41. 103.10 (5) (b) of the statutes is amended to read:
SB8,17,5
1103.10
(5) (b) An employee may
elect, or an employer may require an employee,
2to substitute,
for portions of family leave or medical leave, paid or unpaid leave of any
3other type for any part of the leave provided under sub. (3) (a) 1m., 2m., 3m., or 5.,
4any paid vacation leave, paid personal leave, or paid family leave provided by the
5employer
that the employee has accrued.
SB8, s. 42
6Section
42. 103.10 (5) (c) of the statutes is created to read:
SB8,17,127
103.10
(5) (c) An employee may elect, or an employer may require an employee,
8to substitute, for any part of the leave provided under sub. (3) (a) 3m. or 4., any paid
9vacation leave, paid personal leave, or paid sick leave provided by the employer that
10the employee has accrued, except that an employer is not required to provide paid
11sick leave in any situation in which the employer would not normally provide paid
12sick leave.
SB8, s. 43
13Section
43. 103.10 (5) (d) of the statutes is created to read:
SB8,17,1914
103.10
(5) (d) An employee may elect, or an employer may require an employee,
15to substitute, for any part of the leave provided under sub. (3) (am), any paid vacation
16leave, paid personal leave, paid family leave, or paid sick leave provided by the
17employer that the employee has accrued, except that an employer is not required to
18provide paid sick leave in any situation in which the employer would not normally
19provide paid sick leave.
SB8, s. 44
20Section
44. 103.10 (6) (a) of the statutes is amended to read:
SB8,18,321
103.10
(6) (a) If an employee intends to take
family leave
for the reasons in 22under sub. (3)
(b) 1. or 2. (a) 1m. or 2m. that is foreseeable because of the expected
23birth or placement of a child, the employee shall
, in a reasonable and practicable
24manner, give the employer
advance notice of the
expected birth or placement 25employee's intention to take that leave not less than 30 days before the date on which
1the leave is to begin, except that, if the date of the birth or placement requires the
2leave to begin in less than 30 days, the employee shall provide that notice to the
3employer in a reasonable and practicable manner.
SB8, s. 45
4Section
45. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB8,18,105
103.10
(6) (b) (intro.) If an employee intends to take
family leave
under sub.
6(3) (a) 3m. or 4. or (am) that is foreseeable because of the planned medical treatment
7or supervision of
the employee or of a child, spouse, domestic partner,
or parent
, or
8intends to take medical leave because of the planned medical treatment or
9supervision covered service member of the employee, the employee shall do all of the
10following:
SB8, s. 46
11Section
46. 103.10 (6) (b) 1. of the statutes is amended to read:
SB8,18,1512
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
13or supervision so that it does not unduly disrupt the employer's operations, subject
14to the approval of the health care provider of the child, spouse, domestic partner,
15parent,
covered service member, or employee.
SB8, s. 47
16Section
47. 103.10 (6) (b) 2. of the statutes is amended to read:
SB8,18,2117
103.10
(6) (b) 2. Give the employer
advance notice of the
medical treatment or
18supervision employee's intention to take that leave not less than 30 days before the
19leave is to begin, except that, if the date of the treatment requires the leave to begin
20in less than 30 days, the employee shall provide that notice to the employer in a
21reasonable and practicable manner.
SB8, s. 48
22Section
48. 103.10 (6) (c) of the statutes is created to read:
SB8,19,223
103.10
(6) (c) If the employee intends to take leave under sub. (3) (a) 5., that
24is foreseeable because the spouse, child, domestic partner, or parent of the employee
25is on covered active duty or has been notified of an impending call or order to covered
1active duty, the employee shall provide notice of that intention to the employer in a
2reasonable and practicable manner.
SB8, s. 49
3Section
49. 103.10 (7) (a) of the statutes is amended to read:
SB8,19,104
103.10
(7) (a) If an employee requests
family leave
for a reason described in 5under sub. (3)
(b) 3. or requests medical leave (a) 3m. or 4. or (am), the employer may
6require the employee to provide certification, as described in par. (b), issued by the
7health care provider or Christian Science practitioner of the child, spouse, domestic
8partner, parent,
covered service member, or employee, whichever is appropriate
, and
9the employee shall provide a copy of that certification to the employer in a timely
10manner.
SB8, s. 50
11Section
50. 103.10 (7) (b) 3m. of the statutes is created to read:
SB8,19,1512
103.10
(7) (b) 3m. If the employee requests leave under sub. (3) (a) 3m., a
13statement that the employee is needed to care for a child, spouse, domestic partner,
14or parent who has a serious health condition and an estimate of the amount of time
15that the employee is needed to care for the child, spouse, domestic partner, or parent.
SB8, s. 51
16Section
51. 103.10 (7) (b) 4. of the statutes is amended to read:
SB8,19,1917
103.10
(7) (b) 4. If the employee requests
medical leave
, an explanation of the
18extent to which under sub. (3) (a) 4., a statement that the employee is unable to
19perform
his or her employment duties the functions of the employee's position.
SB8, s. 52
20Section
52. 103.10 (7) (b) 5. of the statutes is created to read:
SB8,19,2421
103.10
(7) (b) 5. If the employee requests intermittent leave or leave on a
22reduced-leave schedule under sub. (3) (a) 3m. or 4. for planned medical treatment,
23the dates on which that treatment is expected to be given and the duration of that
24treatment.
SB8, s. 53
25Section
53. 103.10 (7) (b) 6. of the statutes is created to read:
SB8,20,6
1103.10
(7) (b) 6. If the employee requests intermittent leave or leave on a
2reduced-leave schedule under sub. (3) (a) 3m., a statement that the intermittent
3leave or leave on a reduced-leave schedule is necessary for the care of a child, spouse,
4domestic partner, or parent who has a serious health condition or will assist in the
5recovery of the child, spouse, domestic partner, or parent, and the expected duration
6and schedule of the intermittent leave or leave on a reduced-leave schedule.
SB8, s. 54
7Section
54. 103.10 (7) (b) 7. of the statutes is created to read:
SB8,20,118
103.10
(7) (b) 7. If the employee requests intermittent leave or leave on a
9reduced-leave schedule under sub. (3) (a) 4., a statement of the medical necessity for
10the intermittent leave or leave on a reduced-leave schedule, and the expected
11duration of the intermittent leave or leave on a reduced-leave schedule.
SB8, s. 55
12Section
55. 103.10 (7) (c) of the statutes is amended to read:
SB8,20,1913
103.10
(7) (c)
The If the employer has reason to doubt the validity of a
14certification provided under par. (a) for leave under sub. (3) (a) 3m. or 4., the employer
15may require the employee to obtain the opinion of a 2nd health care provider
, chosen
16or Christian Science practitioner, designated or approved and paid for by the
17employer, concerning any information certified under par. (b).
A health care provider
18or Christian Science practitioner designated or approved under this paragraph may
19not be employed on a regular basis by the employer.
SB8, s. 56
20Section
56. 103.10 (7) (d) of the statutes is created to read:
SB8,21,221
103.10
(7) (d) If a 2nd opinion obtained under par. (c) differs from the opinion
22in the certification provided under par. (a), the employer may require the employee
23to obtain the opinion of a 3rd health care provider or Christian Science practitioner,
24designated or approved by the employer and employee jointly and paid for by the
25employer, concerning any information certified under par. (b). The employer and
1employee shall accept the 3rd opinion obtained under this paragraph as final and
2binding upon them.
SB8, s. 57
3Section
57. 103.10 (7) (e) of the statutes is created to read:
SB8,21,54
103.10
(7) (e) The employer may require that an employee obtain
5recertifications after the original certification under par. (b) on a reasonable basis.
SB8, s. 58
6Section
58. 103.10 (7) (f) of the statutes is created to read:
SB8,21,127
103.10
(7) (f) If an employee requests leave under sub. (3) (a) 5., the employer
8may require the employee to provide certification that the spouse, child, domestic
9partner, or parent of the employee is on covered active duty or has been notified of
10an impending call or order to covered active duty issued at such time and in such
11manner as the department may prescribe by rule, and the employee shall provide a
12copy of that certification to the employer in a timely manner.
SB8, s. 59
13Section
59. 103.10 (8) (a) (intro.) of the statutes is amended to read:
SB8,21,1814
103.10
(8) (a) (intro.)
Subject to
Except as provided in par.
(c) (e), when an
15employee
returns from family leave or medical leave
who takes leave under sub. (3)
16(a) or (am) for the purpose for which that leave is intended returns from that leave,
17his or her employer shall immediately place the employee in an employment position
18as follows:
SB8, s. 60
19Section
60. 103.10 (8) (a) 1. of the statutes is amended to read:
SB8,21,2220
103.10
(8) (a) 1.
If In the employment position
which that the employee held
21immediately before when the
family leave or medical leave began
is vacant when the
22employee returns, in that position.
SB8, s. 61
23Section
61. 103.10 (8) (a) 2. of the statutes is amended to read:
SB8,22,324
103.10
(8) (a) 2.
If the employment position which the employee held
25immediately before the family leave or medical leave began is not vacant when the
1employee returns, in In an equivalent employment position having equivalent
2compensation,
employment benefits,
working shift, hours of employment and other
3terms and conditions of employment.
SB8, s. 62
4Section
62. 103.10 (8) (b) of the statutes is amended to read:
SB8,22,85
103.10
(8) (b) No employer may, because an employee received
family leave or
6medical leave
under sub. (3) (a) or (am), reduce or deny an employment benefit
which 7that accrued to the employee before
his or her the leave began
or, consistent with sub.
8(9), accrued after his or her leave began.
SB8, s. 63
9Section
63. 103.10 (8) (c) of the statutes is repealed.
SB8, s. 64
10Section
64. 103.10 (8) (d) of the statutes is created to read:
SB8,22,1311
103.10
(8) (d) An employer may require an employee who is on leave under sub.
12(3) (a) or (am) to report periodically to the employer on the employee's status and
13intention of returning to work.
SB8, s. 65
14Section
65. 103.10 (8) (e) of the statutes is created to read:
SB8,22,2015
103.10
(8) (e) Subject to any collective bargaining agreement that governs the
16return to work of an employee who has taken leave under sub. (3) (a) 4., an employer
17may adopt a uniformly applied practice or policy that requires an employee who is
18returning from leave under sub. (3) (a) 4. to obtain a certification from the employee's
19health care provider or Christian Science practitioner that the employee is able to
20return to work.
SB8, s. 66
21Section
66. 103.10 (8) (f) of the statutes is created to read:
SB8,22,2422
103.10
(8) (f) An employer may deny placement in an employment position
23described in par. (a) 1. and 2. to an employee who returns from leave under sub. (3)
24(a) or (am) if all of the following apply:
SB8,23,3
11. The employee is a salaried employe who before the leave was among the
2highest-paid 10 percent of the employees employed by the employer within 75 miles
3of the worksite at which the employee is employed.
SB8,23,54
2. That denial is necessary to prevent substantial and grievous economic injury
5to the operations of the employer.
SB8,23,86
3. The employer notifies the employee of the employer's intent to deny that
7placement based on the conditions specified in subds. 1. and 2. at the time the
8employer determines that the injury described in subd. 2. would occur.
SB8,23,109
4. In the case of an employee who receives the notice under subd. 3. after the
10leave has begun, the employee elects not to return to employment with the employer.
SB8, s. 67
11Section
67. 103.10 (9) (a) of the statutes is amended to read:
SB8,23,1612
103.10
(9) (a) Except as provided in par. (b), nothing in this section entitles
a
13returning an employee to a right, employment benefit
, or employment position to
14which the employee would not have been entitled had he or she not taken
family
15leave or medical leave
under sub. (3) (a) or (am) or to the accrual of any seniority or
16employment benefit during a period of
family leave or medical such leave.
SB8, s. 68
17Section
68. 103.10 (9) (b) of the statutes is amended to read:
SB8,24,218
103.10
(9) (b) Subject to par. (c), during a period
that an employee takes
family
19leave or medical leave
under sub. (3) (a) or (am), his or her employer shall maintain
20group health insurance coverage
at the level and under the conditions that
applied
21immediately before the family leave or medical leave began. If the employee
22continues making any contribution required for participation in the group health
23insurance plan, the employer shall continue making group health insurance
24premium contributions as if the employee had not taken the family leave or medical
1the employer would have provided coverage if the employee had continued in
2employment continuously during that leave.
SB8, s. 69
3Section
69. 103.10 (9) (c) of the statutes is repealed and recreated to read:
SB8,24,114
103.10
(9) (c) An employer may recover from an employee the premium paid
5by the employer to maintain group health insurance coverage for the employee
6during a period of unpaid leave under sub. (3) (a) or (am) if the employee fails to
7return from that leave after the period of leave to which the employee is entitled has
8expired for a reason other than the continuation, recurrence, or onset of a serious
9health condition that entitles the employee to leave under sub. (3) (a) 3m. or 4. or of
10a serious injury or illness that entitles the employee to leave under sub. (3) (am) or
11other circumstances beyond the control of the employee.
SB8, s. 70
12Section
70. 103.10 (9) (d) of the statutes is repealed and recreated to read:
SB8,24,1613
103.10
(9) (d) If an employee claims that he or she is unable to return to work
14because of the continuation, recurrence, or onset of a serious health condition or
15serious injury or illness as described in par. (c), the employer may require the
16employee to provide in a timely manner one of the following:
SB8,24,2117
1. Certification issued by the health care provider or Christian Science
18practitioner of the child, spouse, domestic partner, or parent being cared for by the
19employee that the employee was needed to care for that child, spouse, domestic
20partner, or parent on the day on which the employee's leave under sub. (3) (a) 3m.
21expired.
SB8,24,2522
2. Certification issued by the health care provider or Christian Science
23practitioner of the employee that a serious health condition prevented the employee
24from being able to perform the functions of the employee's position on the day on
25which the employee's leave under sub. (3) (a) 4. expired.
SB8,25,4
13. Certification issued by the health care provider or Christian Science
2practitioner of the covered service member being cared for by the employee that the
3employee was needed to care for that covered service member on the day on which
4the employee's leave under sub. (3) (am) expired.
SB8, s. 71
5Section
71. 103.10 (10) of the statutes is repealed and recreated to read:
SB8,25,86
103.10
(10) Instructional employees. (a) In this subsection, "educational
7agency" means a local educational agency, as defined in
20 USC 7801 (26), or a
8private elementary or secondary school.
SB8,25,159
(b) If an employee who is employed principally in an instructional capacity by
10an educational agency requests intermittent leave or leave on a reduced-leave
11schedule under sub. (3) (a) 3m. or 4. or (am) that is foreseeable for planned medical
12treatment, complies with the requirements under sub. (6) (b) and would be on leave
13for greater than 20 percent of the total number of working days during the period in
14which the leave would extend, the educational agency may require that employee to
15elect to do one of the following:
SB8,25,1716
1. To take leave for periods of a particular duration, not to exceed the duration
17of the planned medical treatment.
SB8,25,2218
2. To transfer temporarily to an alternative employment position offered by the
19educational agency for which the employee is qualified if that alternative position
20has equivalent pay and employment benefits and if that alternative position
21accommodates intermittent periods of leave or leave on a reduced-leave schedule
22better than the employee's regular position does.
SB8,26,323
(c) 1. If an employee who is employed principally in an instructional capacity
24by an educational agency begins leave under sub. (3) (a) or (am) more than 5 weeks
25before the end of a semester, the educational agency may require the employee to
1continue taking leave until the end of the semester if the leave is for at least 3 weeks
2in duration and the return to employment would occur during the 3 weeks before the
3end of the semester.
SB8,26,94
2. Subject to subd. 3., if an employee who is employed principally in an
5instructional capacity by an educational agency begins leave under sub. (3) (a) 1m.,
62m., or 3m. or (am) during the period that begins 5 weeks before the end of a semester,
7the educational agency may require the employee to continue taking leave until the
8end of the semester if the leave is for more than 2 weeks in duration and the return
9to employment would occur during the 2 weeks before the end of the semester.
SB8,26,1410
3. If an employee who is employed principally in an instructional capacity by
11an educational agency begins leave under sub. (3) (a) 1m., 2m., or 3m. or (am) during
12the period that begins 3 weeks before the end of a semester and the leave is for more
13than 5 working days, the educational agency may require the employee to continue
14taking leave until the end of the semester.
SB8,26,1815
(d) An educational agency shall determine what is an equivalent employment
16position under sub. (8) (a) 2. based on policies and practices established by the
17educational agency and on any applicable collective bargaining agreement to which
18the educational agency is a party.
SB8, s. 72
19Section
72. 103.10 (11) (c) of the statutes is repealed and recreated to read:
SB8,26,2320
103.10
(11) (c) 1. No person may discharge or in any manner discriminate
21against any individual for filing a complaint or attempting to enforce any right under
22this section or for testifying or assisting in any action or proceeding to enforce any
23right under this section.
SB8,27,3
12. No person may discharge or in any manner discriminate against any
2individual because that person believes that the individual has engaged or may
3engage in an activity described in subd. 1.
SB8, s. 73
4Section
73. 103.10 (12) (b) of the statutes is amended to read:
SB8,27,195
103.10
(12) (b) An employee who believes his or her employer has violated sub.
6(11)
(a) or (b) may,
within 30 days after the violation occurs or the employee should
7reasonably have known that the violation occurred, whichever is later, on his or her
8own behalf and on behalf of other employees similarly situated, file a complaint with
9the department alleging the violation.
A complaint under this paragraph may be
10filed no later than 2 years after the date of the last event constituting the alleged
11violation for which the complaint is brought, unless the violation is alleged to be
12willful, in which case the complaint may be filed no later than 3 years after the date
13of the last event constituting the alleged violation. Except as provided in s. 230.45
14(1m), the department shall investigate the complaint and shall attempt to resolve the
15complaint by conference, conciliation
, or persuasion. If the complaint is not resolved
16and the department finds probable cause to believe a violation has occurred, the
17department shall proceed with notice and a hearing on the complaint as provided in
18ch. 227. The hearing shall be held within 60 days after the department receives the
19complaint.
SB8, s. 74
20Section
74. 103.10 (12) (c) of the statutes is repealed.
SB8, s. 75
21Section
75. 103.10 (12) (d) of the statutes is amended to read:
SB8,28,222
103.10
(12) (d) The department shall issue its decision and order within 30 days
23after the hearing. If the department finds that an employer violated sub. (11)
(a) or
24(b), it may order the employer to take action to remedy the violation, including
25providing
the requested
family leave or medical leave, reinstating an employee,
1promoting an employee, providing back pay
accrued not more than 2 years before the
2complaint was filed and paying reasonable actual attorney fees to the complainant.
SB8, s. 76
3Section
76. 103.10 (12) (e) of the statutes is created to read:
SB8,28,64
103.10
(12) (e) Any respondent or complainant who is dissatisfied with the
5findings and order of the examiner may file a written petition with the department
6for review by the commission of the findings and order.
SB8, s. 77
7Section
77. 103.10 (12) (f) of the statutes is created to read: