SB352: Bill Text

SB352,7,2 (k) "Small business" means an employer that during the preceding calendar year employed fewer than an average of 10 employees per week on a permanent or temporary basis, including both full-time and part-time employees and including employees who are placed with, leased to, or otherwise provided to the employer by a temporary help agency, as defined in s. 102.01 (2) (f), or by a professional employer organization, as defined in s. 202.21 (5).

SB352,7,4 (L) "Stalking" means to engage in a course of conduct, as defined in s. 940.32 (1) (a), that meets the criteria of s. 940.32 (2) (a).

SB352,7,7 (2) Scope. (a) Nothing in this section prohibits an employer from providing employees with rights to paid sick leave that are more generous to the employee than the rights provided under this section.

SB352,7,9 (b) This section does not limit or diminish an employee's rights or benefits under ch. 102.

SB352,7,14 (c) For purposes of accruing paid sick leave under sub. (3) (b), this section applies to any employee employed in this state, including any temporary or part-time employee, beginning on the first day of employment, and for purposes of using paid sick leave under sub. (4), this section applies only to an employee who has been employed by the same employer for at least 90 consecutive calendar days.

SB352,7,21 (3) Provision and accrual of paid sick leave. (a) An employer shall provide an employee who has been employed by the employer for at least 90 consecutive calendar days with paid sick leave at the employee's regular rate of pay as provided in this subsection. An employer may meet the requirement under this paragraph by providing paid leave that an employee may use for the reasons specified in sub. (4), so long as the employee accrues that paid leave at a rate that is no less than the rate specified in par. (b).

SB352,8,2 (b) An employee shall accrue paid sick leave for each hour worked in the employee's regular work week at the rate of one hour for each 30 hours worked, subject to a maximum of 72 hours of accrued paid sick leave in a calendar year or, if the employer is a small business, subject to a maximum of 40 hours of accrued paid sick leave in a calendar year. Paid sick leave under this paragraph shall accrue in one-hour increments.

SB352,8,8 (c) Paid sick leave accrued shall carry over from year to year, but an employee may use no more than 72 hours of paid sick leave in a calendar year or, if the employee is employed by a small business, the employee may use no more than 40 hours of paid sick leave in a calendar year. An employee's unused balance of paid sick leave shall be reduced by one hour for each hour or portion of an hour of paid sick leave used by the employee under sub. (4).

SB352,8,17 (d) Unused paid sick leave shall have no cash value on termination of employment. If an employee returns to work for a former employer, the employer is not required to restore unused paid sick leave accrued during the former employment or to count days worked during the former employment toward the 90-day requirement under par. (a), except that if the employee returns to work for a former employer within one year after separation from employment, the employer shall restore unused paid sick leave accrued during the former employment and shall count days worked during the former employment toward the 90-day requirement under par. (a).

SB352,8,19 (4) Use of paid sick leave. An employee may use paid sick leave that the employee has accrued under sub. (3) (b) for any of the following reasons:

SB352,8,22 (a) Because the employee has a health condition, is in need of medical diagnosis, care, or treatment of a health condition, or is in need of preventive medical care.

SB352,8,25 (b) To care for a family member who has a health condition, who is in need of medical diagnosis, care, or treatment of a health condition, or who is in need of preventive medical care.

SB352,9,2 (c) Because the employee's absence from work is necessary in order for the employee to do any of the following:

SB352,9,5 1. Seek medical attention or obtain psychological or other counseling for the employee or a family member to recover from any health condition caused by domestic abuse, sexual abuse, or stalking.

SB352,9,7 2. Obtain services for the employee or a family member from an organization that provides services to victims of domestic abuse, sexual abuse, or stalking.

SB352,9,9 3. Relocate the residence of the employee or of a family member due to domestic abuse, sexual abuse, or stalking.

SB352,9,11 4. Initiate, prepare for, or testify, assist, or otherwise participate in any civil or criminal action or proceeding relating to domestic abuse, sexual abuse, or stalking.

SB352,9,13 (5) Employee rights. An employee's rights under this section shall include all of the following:

SB352,9,14 (a) The right to accrue and use paid sick leave as provided in subs. (3) and (4).

SB352,9,15 (b) The right not to be subjected to a prohibited act under sub. (6).

SB352,9,19 (c) The right to file a complaint under sub. (7) for a violation of sub. (6) (a) or under s. 111.39 for a violation described in sub. (6) (b) and to inform any person about such a violation. The protection under this paragraph extends to an employee who mistakenly, but in good faith, alleges such a violation.

SB352,9,21 (d) The right to inform any person about any of the rights provided under this section.

SB352,9,22 (6) Prohibited acts. (a) No person may do any of the following:

SB352,9,24 1. Interfere with, restrain, or deny the exercise of any right provided under this section.

SB352,10,3 2. Require, as a condition of using paid sick leave, that an employee search for or find a substitute employee to replace the employee while the employee is on paid sick leave.

SB352,10,12 3. Impose unreasonable barriers to the use of paid sick leave or require, as a condition of using paid sick leave, that an employee provide unreasonable documentation of the health condition of the employee or family member, disclose the details of that health condition, or disclose any information about the domestic abuse, sexual abuse, or stalking that necessitated the employee's absence from work. If an employer obtains any information about that health condition or that domestic abuse, sexual abuse, or stalking, the employer shall keep that information confidential and may not disclose that information except to the employee or to other persons with the consent of the employee.

SB352,10,17 4. Treat paid sick leave used under this section as an absence from work that may lead to or result in an adverse employment action, treat the use of such paid sick leave as a negative factor in hiring, evaluating, or promoting an employee, or reduce or deny any benefit or privilege of employment because an employee uses paid sick leave under this section.

SB352,10,19 5. Discharge or in any other manner discriminate against any individual for opposing a practice prohibited under this section.

SB352,10,21 (b) Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

SB352,11,5 (7) Administrative proceeding. (a) An employee who believes that his or her employer has violated sub. (6) (a) may, within 90 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. 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.

SB352,11,11 (b) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (6) (a), it may order the employer to take action to remedy the violation, including providing the requested paid sick leave, reinstating 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.

SB352,11,14 (c) A respondent or complainant who is dissatisfied with the decision and order of the hearing examiner may file a written petition with the department for review by the commission of the decision and order.

SB352,11,24 (d) If no petition is filed within 21 days after the date on which the department mails a copy of the decision and order to the last-known addresses of the respondent and the complainant, the decision and order shall be considered final. If a timely petition is filed, the commission, on review, may either affirm, reverse, or modify the decision and order in whole or in part, or set aside the decision and order and remand the case to the department for further proceedings. Those 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 the decision and order, the commission may extend for another 21 days the time for filing the petition with the department.

SB352,12,8 (e) On motion of the respondent or complainant, 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 final decision upon grounds of mistake or newly discovered evidence and remand the case to the department for further proceedings.

SB352,12,13 (f) A respondent or complainant who is dissatisfied with a decision of the commission under par. (d) or (e) may seek judicial review of that decision under ss. 227.52 to 227.58 by filing a petition for review under s. 227.53 within 30 days after the date on which the commission mails a copy of the decision to the last-known addresses of the respondent and the complainant.

SB352,12,16 (8) Notice; records. (a) Each employer shall provide notice to its employees of the rights of employees under this section. An employer may comply with this requirement by doing all of the following:

SB352,12,19 1. Providing each employee of the employer with a notice in a form approved by the department setting forth in English, Spanish, and Hmong the rights of employees under this section.

SB352,12,22 2. Posting, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth in English, Spanish, and Hmong the rights of employees under this section.

SB352,13,2 (b) Each employer shall keep full and accurate records of the number of hours worked and paid sick leave used by its employees, shall retain those records for 5 years after the hours are worked or the paid sick leave is used, and shall furnish those records to the department on request.

SB352,5 Section 5. 111.322 (2m) (a) of the statutes is amended to read:

SB352,13,7 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB352,6 Section 6. 111.322 (2m) (b) of the statutes is amended to read:

SB352,13,12 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB352,7 Section 7. 111.91 (2) (f) of the statutes is amended to read:

SB352,13,21 111.91 (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 paid sick leave rights below the minimum afforded under s. 103.11. Nothing in this paragraph prohibits the employer from bargaining on rights to family leave or medical leave which that are more generous to the employee than the rights provided under the federal Family and Medical Leave Act of 1993, 29 USC 2601 to 2654, and s. 103.10 or on rights to paid sick leave that are more generous to the employee than the rights provided under s. 103.11.

SB352,8 Section 8. 230.26 (4) of the statutes is amended to read:

SB352,14,5 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of paid sick leave under s. 103.11, deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave under s. 230.35 (2), performance awards, or the right to compete in promotional examinations.

SB352,9 Section 9. 230.35 (2) of the statutes is amended to read:

SB352,14,18 230.35 (2) Leave of absence with pay owing to sickness , other than paid sick leave under s. 103.11, and leave of absence without pay, other than annual leave and leave under s. 103.10, shall be regulated by rules of the director, except that unused sick leave shall accumulate from year to year. After July 1, 1973, employees appointed to career executive positions under the program established under s. 230.24 or positions designated in s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e) shall have any unused sick leave credits restored if they are reemployed in a career executive position or in a position under s. 19.42 (10) (L) or 20.923 (4), (7), (8), and (9) or authorized under s. 230.08 (2) (e), regardless of the duration of their absence. Restoration of unused sick leave credits if reemployment is to a position other than those specified above shall be in accordance with rules of the director.

SB352,10 Section 10. 230.35 (2m) of the statutes is repealed.

SB352,11 Section 11. 253.10 (3) (d) 1. of the statutes is amended to read:

SB352,16,3 253.10 (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 medical assistance for pregnant women and children under s. 49.47 (4) (am) and 49.471, the availability of family or medical leave under s. 103.10 and of paid sick leave under s. 103.11, the Wisconsin works program under ss. 49.141 to 49.161, 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 include information on services in the state that are available for victims or individuals at risk of domestic abuse.

SB352,12 Section 12. Initial applicability.

SB352,16,8 (1) Collective bargaining agreements. This act first applies to an employee 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.

SB352,13 Section 13. Effective date.

SB352,16,11 (1) This act takes effect on the first day of the 3rd month beginning after publication.

SB352,16,12 (End)