SB8: Bill Text

SB8, s. 48 Section 48. 103.10 (6) (c) of the statutes is created to read:

SB8,19,2 103.10 (6) (c) If the employee intends to take leave under sub. (3) (a) 5., that is foreseeable because the spouse, child, domestic partner, or parent of the employee is on covered active duty or has been notified of an impending call or order to covered active duty, the employee shall provide notice of that intention to the employer in a reasonable and practicable manner.

SB8, s. 49 Section 49. 103.10 (7) (a) of the statutes is amended to read:

SB8,19,10 103.10 (7) (a) If an employee requests family leave for a reason described in under sub. (3) (b) 3. or requests medical leave (a) 3m. or 4. or (am), the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, covered service member, or employee, whichever is appropriate, and the employee shall provide a copy of that certification to the employer in a timely manner.

SB8, s. 50 Section 50. 103.10 (7) (b) 3m. of the statutes is created to read:

SB8,19,15 103.10 (7) (b) 3m. If the employee requests leave under sub. (3) (a) 3m., a statement that the employee is needed to care for a child, spouse, domestic partner, or parent who has a serious health condition and an estimate of the amount of time that the employee is needed to care for the child, spouse, domestic partner, or parent.

SB8, s. 51 Section 51. 103.10 (7) (b) 4. of the statutes is amended to read:

SB8,19,19 103.10 (7) (b) 4. If the employee requests medical leave, an explanation of the extent to which under sub. (3) (a) 4., a statement that the employee is unable to perform his or her employment duties the functions of the employee's position.

SB8, s. 52 Section 52. 103.10 (7) (b) 5. of the statutes is created to read:

SB8,19,24 103.10 (7) (b) 5. If the employee requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (a) 3m. or 4. for planned medical treatment, the dates on which that treatment is expected to be given and the duration of that treatment.

SB8, s. 53 Section 53. 103.10 (7) (b) 6. of the statutes is created to read:

SB8,20,6 103.10 (7) (b) 6. If the employee requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (a) 3m., a statement that the intermittent leave or leave on a reduced-leave schedule is necessary for the care of a child, spouse, domestic partner, or parent who has a serious health condition or will assist in the recovery of the child, spouse, domestic partner, or parent, and the expected duration and schedule of the intermittent leave or leave on a reduced-leave schedule.

SB8, s. 54 Section 54. 103.10 (7) (b) 7. of the statutes is created to read:

SB8,20,11 103.10 (7) (b) 7. If the employee requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (a) 4., a statement of the medical necessity for the intermittent leave or leave on a reduced-leave schedule, and the expected duration of the intermittent leave or leave on a reduced-leave schedule.

SB8, s. 55 Section 55. 103.10 (7) (c) of the statutes is amended to read:

SB8,20,19 103.10 (7) (c) The If the employer has reason to doubt the validity of a certification provided under par. (a) for leave under sub. (3) (a) 3m. or 4., the employer may require the employee to obtain the opinion of a 2nd health care provider, chosen or Christian Science practitioner, designated or approved and paid for by the employer, concerning any information certified under par. (b). A health care provider or Christian Science practitioner designated or approved under this paragraph may not be employed on a regular basis by the employer.

SB8, s. 56 Section 56. 103.10 (7) (d) of the statutes is created to read:

SB8,21,2 103.10 (7) (d) If a 2nd opinion obtained under par. (c) differs from the opinion in the certification provided under par. (a), the employer may require the employee to obtain the opinion of a 3rd health care provider or Christian Science practitioner, designated or approved by the employer and employee jointly and paid for by the employer, concerning any information certified under par. (b). The employer and employee shall accept the 3rd opinion obtained under this paragraph as final and binding upon them.

SB8, s. 57 Section 57. 103.10 (7) (e) of the statutes is created to read:

SB8,21,5 103.10 (7) (e) The employer may require that an employee obtain recertifications after the original certification under par. (b) on a reasonable basis.

SB8, s. 58 Section 58. 103.10 (7) (f) of the statutes is created to read:

SB8,21,12 103.10 (7) (f) If an employee requests leave under sub. (3) (a) 5., the employer may require the employee to provide certification that the spouse, child, domestic partner, or parent of the employee is on covered active duty or has been notified of an impending call or order to covered active duty issued at such time and in such manner as the department may prescribe by rule, and the employee shall provide a copy of that certification to the employer in a timely manner.

SB8, s. 59 Section 59. 103.10 (8) (a) (intro.) of the statutes is amended to read:

SB8,21,18 103.10 (8) (a) (intro.) Subject to Except as provided in par. (c) (e), when an employee returns from family leave or medical leave who takes leave under sub. (3) (a) or (am) for the purpose for which that leave is intended returns from that leave, his or her employer shall immediately place the employee in an employment position as follows:

SB8, s. 60 Section 60. 103.10 (8) (a) 1. of the statutes is amended to read:

SB8,21,22 103.10 (8) (a) 1. If In the employment position which that the employee held immediately before when the family leave or medical leave began is vacant when the employee returns, in that position.

SB8, s. 61 Section 61. 103.10 (8) (a) 2. of the statutes is amended to read:

SB8,22,3 103.10 (8) (a) 2. If the employment position which the employee held immediately before the family leave or medical leave began is not vacant when the employee returns, in In an equivalent employment position having equivalent compensation, employment benefits, working shift, hours of employment and other terms and conditions of employment.

SB8, s. 62 Section 62. 103.10 (8) (b) of the statutes is amended to read:

SB8,22,8 103.10 (8) (b) No employer may, because an employee received family leave or medical leave under sub. (3) (a) or (am), reduce or deny an employment benefit which that accrued to the employee before his or her the leave began or, consistent with sub. (9), accrued after his or her leave began.

SB8, s. 63 Section 63. 103.10 (8) (c) of the statutes is repealed.

SB8, s. 64 Section 64. 103.10 (8) (d) of the statutes is created to read:

SB8,22,13 103.10 (8) (d) An employer may require an employee who is on leave under sub. (3) (a) or (am) to report periodically to the employer on the employee's status and intention of returning to work.

SB8, s. 65 Section 65. 103.10 (8) (e) of the statutes is created to read:

SB8,22,20 103.10 (8) (e) Subject to any collective bargaining agreement that governs the return to work of an employee who has taken leave under sub. (3) (a) 4., an employer may adopt a uniformly applied practice or policy that requires an employee who is returning from leave under sub. (3) (a) 4. to obtain a certification from the employee's health care provider or Christian Science practitioner that the employee is able to return to work.

SB8, s. 66 Section 66. 103.10 (8) (f) of the statutes is created to read:

SB8,22,24 103.10 (8) (f) An employer may deny placement in an employment position described in par. (a) 1. and 2. to an employee who returns from leave under sub. (3) (a) or (am) if all of the following apply:

SB8,23,3 1. The employee is a salaried employe who before the leave was among the highest-paid 10 percent of the employees employed by the employer within 75 miles of the worksite at which the employee is employed.

SB8,23,5 2. That denial is necessary to prevent substantial and grievous economic injury to the operations of the employer.

SB8,23,8 3. The employer notifies the employee of the employer's intent to deny that placement based on the conditions specified in subds. 1. and 2. at the time the employer determines that the injury described in subd. 2. would occur.

SB8,23,10 4. In the case of an employee who receives the notice under subd. 3. after the leave has begun, the employee elects not to return to employment with the employer.

SB8, s. 67 Section 67. 103.10 (9) (a) of the statutes is amended to read:

SB8,23,16 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a returning an employee to a right, employment benefit, or employment position to which the employee would not have been entitled had he or she not taken family leave or medical leave under sub. (3) (a) or (am) or to the accrual of any seniority or employment benefit during a period of family leave or medical such leave.

SB8, s. 68 Section 68. 103.10 (9) (b) of the statutes is amended to read:

SB8,24,2 103.10 (9) (b) Subject to par. (c), during a period that an employee takes family leave or medical leave under sub. (3) (a) or (am), 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 employee 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 employee had not taken the family leave or medical the employer would have provided coverage if the employee had continued in employment continuously during that leave.

SB8, s. 69 Section 69. 103.10 (9) (c) of the statutes is repealed and recreated to read:

SB8,24,11 103.10 (9) (c) An employer may recover from an employee the premium paid by the employer to maintain group health insurance coverage for the employee during a period of unpaid leave under sub. (3) (a) or (am) if the employee fails to return from that leave after the period of leave to which the employee is entitled has expired for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to leave under sub. (3) (a) 3m. or 4. or of a serious injury or illness that entitles the employee to leave under sub. (3) (am) or other circumstances beyond the control of the employee.

SB8, s. 70 Section 70. 103.10 (9) (d) of the statutes is repealed and recreated to read:

SB8,24,16 103.10 (9) (d) If an employee claims that he or she is unable to return to work because of the continuation, recurrence, or onset of a serious health condition or serious injury or illness as described in par. (c), the employer may require the employee to provide in a timely manner one of the following:

SB8,24,21 1. Certification issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, or parent being cared for by the employee that the employee was needed to care for that child, spouse, domestic partner, or parent on the day on which the employee's leave under sub. (3) (a) 3m. expired.

SB8,24,25 2. Certification issued by the health care provider or Christian Science practitioner of the employee that a serious health condition prevented the employee from being able to perform the functions of the employee's position on the day on which the employee's leave under sub. (3) (a) 4. expired.

SB8,25,4 3. Certification issued by the health care provider or Christian Science practitioner of the covered service member being cared for by the employee that the employee was needed to care for that covered service member on the day on which the employee's leave under sub. (3) (am) expired.

SB8, s. 71 Section 71. 103.10 (10) of the statutes is repealed and recreated to read:

SB8,25,8 103.10 (10) Instructional employees. (a) In this subsection, "educational agency" means a local educational agency, as defined in 20 USC 7801 (26), or a private elementary or secondary school.

SB8,25,15 (b) If an employee who is employed principally in an instructional capacity by an educational agency requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (a) 3m. or 4. or (am) that is foreseeable for planned medical treatment, complies with the requirements under sub. (6) (b) and would be on leave for greater than 20 percent of the total number of working days during the period in which the leave would extend, the educational agency may require that employee to elect to do one of the following:

SB8,25,17 1. To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment.

SB8,25,22 2. To transfer temporarily to an alternative employment position offered by the educational agency for which the employee is qualified if that alternative position has equivalent pay and employment benefits and if that alternative position accommodates intermittent periods of leave or leave on a reduced-leave schedule better than the employee's regular position does.

SB8,26,3 (c) 1. If an employee who is employed principally in an instructional capacity by an educational agency begins leave under sub. (3) (a) or (am) more than 5 weeks before the end of a semester, the educational agency may require the employee to continue taking leave until the end of the semester if the leave is for at least 3 weeks in duration and the return to employment would occur during the 3 weeks before the end of the semester.

SB8,26,9 2. Subject to subd. 3., if an employee who is employed principally in an instructional capacity by an educational agency begins leave under sub. (3) (a) 1m., 2m., or 3m. or (am) during the period that begins 5 weeks before the end of a semester, the educational agency may require the employee to continue taking leave until the end of the semester if the leave is for more than 2 weeks in duration and the return to employment would occur during the 2 weeks before the end of the semester.

SB8,26,14 3. If an employee who is employed principally in an instructional capacity by an educational agency begins leave under sub. (3) (a) 1m., 2m., or 3m. or (am) during the period that begins 3 weeks before the end of a semester and the leave is for more than 5 working days, the educational agency may require the employee to continue taking leave until the end of the semester.

SB8,26,18 (d) An educational agency shall determine what is an equivalent employment position under sub. (8) (a) 2. based on policies and practices established by the educational agency and on any applicable collective bargaining agreement to which the educational agency is a party.

SB8, s. 72 Section 72. 103.10 (11) (c) of the statutes is repealed and recreated to read:

SB8,26,23 103.10 (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.

SB8,27,3 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.

SB8, s. 73 Section 73. 103.10 (12) (b) of the statutes is amended to read:

SB8,27,19 103.10 (12) (b) An employee who believes his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, on his or her own behalf and on behalf of other employees similarly situated, file a complaint with the department alleging the violation. A complaint under this paragraph may be filed no later than 2 years after the date of the last event constituting the alleged violation for which the complaint is brought, unless the violation is alleged to be willful, in which case the complaint may be filed no later than 3 years after the date of the last event constituting the alleged violation. 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.

SB8, s. 74 Section 74. 103.10 (12) (c) of the statutes is repealed.

SB8, s. 75 Section 75. 103.10 (12) (d) of the statutes is amended to read:

SB8,28,2 103.10 (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, reinstating an employee, promoting an employee, providing back pay accrued not more than 2 years before the complaint was filed and paying reasonable actual attorney fees to the complainant.

SB8, s. 76 Section 76. 103.10 (12) (e) of the statutes is created to read:

SB8,28,6 103.10 (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.

SB8, s. 77 Section 77. 103.10 (12) (f) of the statutes is created to read:

SB8,28,17 103.10 (12) (f) If no petition is filed within 21 days after the date on which 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.

SB8, s. 78 Section 78. 103.10 (12) (g) of the statutes is created to read:

SB8,28,25 103.10 (12) (g) On motion, the commission may set aside, modify, or change any decision made by the commission, at any time within 28 days after the date of the decision if the commission discovers any mistake in the decision, 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 of the decision upon grounds of mistake or newly discovered evidence, and remand the case to the department for further proceedings.

SB8, s. 79 Section 79. 103.10 (13) (a) of the statutes is amended to read:

SB8,29,6 103.10 (13) (a) An employee or the department may bring an action in circuit court against an employer, on behalf of the employee or on behalf of the employee and other employees similarly situated, to recover damages, as specified under par. (c), caused by a violation of sub. (11) after the completion of an administrative proceeding, including judicial review, concerning the same violation.

SB8, s. 80 Section 80. 103.10 (13) (b) 2. of the statutes is repealed and recreated to read:

SB8,29,11 103.10 (13) (b) 2. Within 2 years after the date of the last event constituting the alleged violation, unless the violation is alleged to be willful, in which case the action must be brought no later than 3 years after the date of the last event constituting the alleged violation.

SB8, s. 81 Section 81. 103.10 (13) (c) of the statutes is created to read:

SB8,29,14 103.10 (13) (c) If a circuit court finds that an employer has violated sub. (11), it may order the employer to pay to the affected employee all of the following:

SB8,29,21 1. Damages equal to the amount of any wages, salary, employment benefits, or other compensation that was denied to or lost by the employee because of the violation or, if the employee has not lost or been denied any wages, salary, employment benefits, or other compensation, any actual monetary losses sustained by the employee as a direct result of the violation up to a sum equal to 12 weeks or, in a case involving leave under sub. (3) (am), 26 weeks of wages or salary for the employee, plus interest on the amount of those damages.

SB8,30,2 2. As liquidated damages, an amount equal to the damages and interest described in subd. 1., except that the court may reduce the amount of damages and interest for which the employer is liable 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).

SB8,30,3 3. Costs and, notwithstanding s. 814.04 (1), reasonable actual attorney fees.

SB8, s. 82 Section 82. 103.10 (14) (a) of the statutes is renumbered 103.10 (14) and amended to read:

SB8,30,12 103.10 (14) Notice posted. Each employer shall post, in one or more conspicuous places on the employer's premises where notices to employees and applicants for employment are customarily posted, a notice in a form prepared or approved by the department setting forth employees' 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). Any employer who willfully violates this subsection shall forfeit not more than $100 for each offense.

SB8, s. 83 Section 83. 103.10 (14) (b) of the statutes is repealed.

SB8, s. 84 Section 84. 103.10 (15) of the statutes is created to read:

SB8,30,18 103.10 (15) Local ordinances. A county, city, village, or town may enact an ordinance that provides employees with rights to family, medical, or service member family leave that are more generous to the employee than the rights provided under this section.