LRB-0284/1
MED&GMM:kjf
2015 - 2016 LEGISLATURE
December 7, 2015 - Introduced by Representatives Mason, Jacque, Ohnstad,
Johnson, Milroy, Ballweg, Horlacher, Subeck, C. Taylor, Sinicki,
Spreitzer, Kolste, Considine and Riemer, cosponsored by Senators Lassa,
Lasee, Bewley, L. Taylor, C. Larson, Ringhand, Harris Dodd and Hansen.
Referred to Committee on Health.
AB569,1,8 1An Act to renumber and amend 103.10 (1m) (d); to amend 103.10 (title),
2103.10 (1m) (title), 103.10 (1m) (a), 103.10 (2) (a), 103.10 (2) (c), 103.10 (5) (a),
3103.10 (5) (b), 103.10 (8) (a) (intro.), 103.10 (8) (a) 1., 103.10 (8) (a) 2., 103.10 (8)
4(b), 103.10 (8) (c), 103.10 (9) (a), 103.10 (9) (b), 103.10 (9) (c) 4., 103.10 (9) (d),
5103.10 (10), 103.10 (12) (d) and 103.10 (14) (b); to repeal and recreate 893.96
6(title); and to create 103.10 (1) (er), 103.10 (1m) (d) 2., 103.10 (2) (d), 103.10
7(4m) and 103.10 (6) (c) of the statutes; relating to: leave from employment for
8the purpose of serving as an organ donor.
Analysis by the Legislative Reference Bureau
Under current law, an employer, including the state, employing at least 50
individuals on a permanent basis in this state (employer) must permit an employee
who has been employed by the employer for more than 52 consecutive weeks and who
has worked for the employer for at least 1,000 hours during the preceding 52-week
period (employee) to take up to eight weeks of family leave in a 12-month period and
up to two weeks of medical leave in a 12-month period. Family leave may be taken
for the birth or adoptive placement of a new child or to care for a child, spouse,
domestic partner, or parent who has a serious health condition. Medical leave may
be taken when the employee has a serious health condition that makes the employee
unable to perform the employee's employment duties.

An employee is not entitled to receive wages or salary while taking family or
medical leave, but may substitute, for portions of family or medical leave, other types
of paid or unpaid leave provided by the employer. An employee who intends to take
family or medical leave for the birth or adoptive placement of a child or for planned
medical treatment must give the employer advance notice of the birth or adoptive
placement or planned medical treatment. In addition, for planned medical
treatment, the employee must make a reasonable effort to schedule the medical
treatment or supervision so that it does not unduly disrupt the operations of the
employer, subject to the approval of the health care provider of the person receiving
the medical treatment. Also, if an employee requests family or medical leave due to
a serious health condition of the employee or of a child, spouse, domestic partner, or
parent, the employer may require certification of that condition from a health care
provider or a Christian Science practitioner.
This bill allows an employee of an employer to take no more than six weeks of
leave in a 12-month period for the purpose of serving as a donor of an organ that
requires the continuous circulation of blood to remain useful for purposes of
transplantation (organ) if the employee provides the employer with written
verification that the employee is to serve as an organ donor (organ donation leave).
The bill applies to any employee of an employer regardless of the number of weeks
and hours that the employee has worked for the employer, except that the bill does
not apply to a state employee who under current law is already permitted to take a
leave of absence of 30 workdays for the purpose of serving as an organ donor.
An employee is not entitled to receive wages or salary while taking organ
donation leave, but may substitute, for portions of that leave, other types of paid or
unpaid leave provided by the employer. An employee who intends to take organ
donation leave must give the employer advance notice of the organ donation and
must make a reasonable effort to schedule the organ donation so that the organ
donation does not unduly disrupt the operations of the employer, subject to the
approval of the health care provider of the organ donee.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB569,1 1Section 1. 103.10 (title) of the statutes is amended to read:
AB569,2,2 2103.10 (title) Family or, medical, and organ donation leave.
AB569,2 3Section 2. 103.10 (1) (er) of the statutes is created to read:
AB569,2,54 103.10 (1) (er) "Organ" has the meaning given for "human organ" in s. 230.35
5(2d) (a) 2.
AB569,3
1Section 3. 103.10 (1m) (title) of the statutes is amended to read:
AB569,3,32 103.10 (1m) (title) Statewide Family and medical leave; statewide concern;
3uniformity.
AB569,4 4Section 4. 103.10 (1m) (a) of the statutes is amended to read:
AB569,3,135 103.10 (1m) (a) The legislature finds that the provision of family and medical
6leave that is uniform throughout the state is a matter of statewide concern and that
7the enactment of an ordinance by a city, village, town, or county that requires
8employers to provide employees with leave from employment, paid or unpaid, for any
9of the reasons specified in par. (c) would be logically inconsistent with, would defeat
10the purpose of, and would go against the spirit of this section. Therefore, with respect
11to family and medical leave,
this section shall be construed as an enactment of
12statewide concern for the purpose of providing family and medical leave that is
13uniform throughout the state.
AB569,5 14Section 5. 103.10 (1m) (d) of the statutes is renumbered 103.10 (1m) (d) (intro.)
15and amended to read:
AB569,3,1716 103.10 (1m) (d) (intro.) This subsection does not affect an ordinance affecting
17leave any of the following:
AB569,3,18 181. Leave from employment of an employee of a city, village, town, or county.
AB569,6 19Section 6. 103.10 (1m) (d) 2. of the statutes is created to read:
AB569,3,2020 103.10 (1m) (d) 2. Organ donation leave.
AB569,7 21Section 7. 103.10 (2) (a) of the statutes is amended to read:
AB569,3,2522 103.10 (2) (a) Nothing in this section prohibits an employer from providing
23employees with rights to family leave or, medical leave which, or organ donation
24leave that
are more generous to the employee than the rights provided under this
25section.
AB569,8
1Section 8. 103.10 (2) (c) of the statutes is amended to read:
AB569,4,52 103.10 (2) (c) This Subject to sub. (4m), this section only applies to an employee
3who has been employed by the same employer for more than 52 consecutive weeks
4and who worked for the employer for at least 1,000 hours during the preceding
552-week period.
AB569,9 6Section 9. 103.10 (2) (d) of the statutes is created to read:
AB569,4,97 103.10 (2) (d) This section does not apply to an employee, as defined in s. 230.03
8(10h), who requests a leave of absence under s. 230.35 (2d) (c) for the purpose of
9serving as an organ donor.
AB569,10 10Section 10. 103.10 (4m) of the statutes is created to read:
AB569,4,1611 103.10 (4m) Organ donation leave. Subject to subs. (2) (d) and (6) (c), an
12employee may take no more than 6 weeks of organ donation leave in a 12-month
13period for the purpose of serving as an organ donor if the employee provides his or
14her employer with written verification that the employee is to serve as an organ
15donor. Notwithstanding sub. (2) (c), this subsection applies to any employee of an
16employer.
AB569,11 17Section 11. 103.10 (5) (a) of the statutes is amended to read:
AB569,4,1918 103.10 (5) (a) This section does not entitle an employee to receive wages or
19salary while taking family leave or, medical leave, or organ donation leave.
AB569,12 20Section 12. 103.10 (5) (b) of the statutes is amended to read:
AB569,4,2321 103.10 (5) (b) An employee may substitute, for portions of family leave or,
22medical leave, or organ donation leave, paid or unpaid leave of any other type
23provided by the employer.
AB569,13 24Section 13. 103.10 (6) (c) of the statutes is created to read:
AB569,5,2
1103.10 (6) (c) If an employee intends to take leave under sub. (4m) for the
2purpose of serving as an organ donor, the employee shall do all of the following:
AB569,5,53 1. Make a reasonable effort to schedule the organ donation so that the organ
4donation does not unduly disrupt the employer's operations, subject to the approval
5of the health care provider of the organ donee.
AB569,5,76 2. Give the employer advance notice of the organ donation in a reasonable and
7practicable manner.
AB569,14 8Section 14. 103.10 (8) (a) (intro.) of the statutes is amended to read:
AB569,5,119 103.10 (8) (a) (intro.) Subject to par. (c), when an employee returns from family
10leave or, medical leave, or organ donation leave, his or her employer shall
11immediately place the employee in an employment position as follows:
AB569,15 12Section 15. 103.10 (8) (a) 1. of the statutes is amended to read:
AB569,5,1513 103.10 (8) (a) 1. If the employment position which that the employee held
14immediately before the family leave or, medical leave, or organ donation leave began
15is vacant when the employee returns, in that position.
AB569,16 16Section 16. 103.10 (8) (a) 2. of the statutes is amended to read:
AB569,5,2117 103.10 (8) (a) 2. If the employment position which that the employee held
18immediately before the family leave or, medical leave, or organ donation leave began
19is not vacant when the employee returns, in an equivalent employment position
20having equivalent compensation, benefits, working shift, hours of employment, and
21other terms and conditions of employment.
AB569,17 22Section 17. 103.10 (8) (b) of the statutes is amended to read:
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