SB385: Bill Text

1. For a covered individual who earned less than 30 percent of the state annual median wage in the calendar year before the individual's application year, 95 percent of that individual's average weekly earnings.

2. For a covered individual who earned at least 30 percent, but less than 50 percent, of the state annual median wage in the calendar year before the individual's application year, 90 percent of that individual's average weekly earnings.

3. For a covered individual who earned at least 50 percent, but less than 80 percent, of the state annual median wage in the calendar year before the individual's application year, 85 percent of that individual's average weekly earnings.

4. For a covered individual who earned at least 80 percent of the state annual median wage in the calendar year before the individual's application year, 66 percent of that individual's average weekly earnings.

In addition, the bill provides that family or medical leave insurance benefits are payable beginning on the sixth day of family or medical leave, except that if a covered individual uses ten or more days of family or medical leave insurance benefits in an application year, those benefits are also payable with respect to the first five days of family or medical leave. The bill also provides that no family or medical leave insurance benefits are payable for any period of family or medical leave in which a covered individual is substituting paid leave of any other type provided by his or her employer or in which a covered individual is receiving unemployment benefits or worker's compensation benefits. Finally, with respect to family or medical leave insurance benefits, the bill provides that those benefits are exempt from state income taxation.

Beginning on January 1, 2019, the bill requires each individual employed in this state, including an individual employed by the state, and each self-employed individual who elects coverage under the family and medical leave insurance program to contribute to the trust fund a percentage of his or her wages from employment or income from self-employment determined by DWD in consultation with the commissioner of insurance that is sufficient to finance the payments of benefits under the program and the administration of the program. The bill requires DWD to collect those contributions in the same manner as DWD collects contributions to the unemployment reserve fund under current law.

Finally, the bill:

1. Permits a covered individual whose claim for family or medical leave insurance benefits is denied by DWD to request a hearing on the denial and requires DWD to process the request for hearing in the same manner that requests for hearings on unemployment insurance claims are processed under current law.

2. Permits DWD to seek repayment of family or medical leave insurance benefits that are paid erroneously or as a result of willful misrepresentation in the same manner that DWD recovers erroneous payments of unemployment insurance benefits under current law or to waive recovery of an erroneous payment of those benefits if the erroneous payment was not the fault of the person who received it and if requiring repayment would be contrary to equity and good conscience.

3. Provides that if an individual willfully makes a false statement or representation, or willfully fails to disclose a material fact, to obtain family or medical leave insurance benefits, the individual is disqualified from receiving those benefits for one year after the date of the disqualification.

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:

SB385,1 Section 1. 20.445 (1) (w) of the statutes is created to read:

SB385,4,6 20.445 (1) (w) Family and medical leave insurance trust fund. From the family and medical leave insurance trust fund, all moneys deposited in that fund under s. 103.11 (7) for the payments of family or medical leave insurance benefits under s. 103.11 (2) (c) and for the administration of the family or medical leave insurance program under s. 103.11.

SB385,2 Section 2. 25.17 (1) (er) of the statutes is created to read:

SB385,4,8 25.17 (1) (er) Family and medical leave insurance trust fund (s. 25.52);

SB385,3 Section 3. 25.52 of the statutes is created to read:

SB385,5,2 25.52 Family and medical leave insurance trust fund. There is created a separate nonlapsible trust fund designated as the family and medical leave insurance trust fund, to consist of all moneys deposited in that fund under s. 103.11 (7).

SB385,4 Section 4. 71.05 (6) (b) 53. of the statutes is created to read:

SB385,5,7 71.05 (6) (b) 53. For taxable years beginning after December 31, 2019, any amount of family or medical leave insurance benefits received by a covered individual, as defined in s. 103.11 (1) (d), in the taxable year to which the subtraction relates.

SB385,5 Section 5. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

SB385,5,11 103.10 (1) (a) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies:.

SB385,6 Section 6. 103.10 (1) (a) 1. of the statutes is repealed.

SB385,7 Section 7. 103.10 (1) (a) 2. of the statutes is repealed.

SB385,8 Section 8. 103.10 (1) (ap) of the statutes is created to read:

SB385,5,15 103.10 (1) (ap) "Covered active duty" means any of the following:

SB385,5,17 1. In the case of a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

SB385,5,21 2. In the case of a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

SB385,9 Section 9. 103.10 (1) (b) of the statutes is amended to read:

SB385,5,25 103.10 (1) (b) Except as provided in sub. (1m) (b) 2., "employee" means an individual employed in this state by an employer, except the employer's parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

SB385,10 Section 10. 103.10 (1) (c) of the statutes is amended to read:

SB385,6,7 103.10 (1) (c) Except as provided in sub. (1m) (b) 3., "employer" means a person engaging in any activity, enterprise, or business in this state employing at least 50 25 individuals on a permanent basis. "Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

SB385,11 Section 11. 103.10 (1) (dm) of the statutes is created to read:

SB385,6,9 103.10 (1) (dm) "Grandchild" means the child of a child.

SB385,12 Section 12. 103.10 (1) (dp) of the statutes is created to read:

SB385,6,11 103.10 (1) (dp) "Grandparent" means the parent of a parent.

SB385,13 Section 13. 103.10 (1) (gm) of the statutes is created to read:

SB385,6,14 103.10 (1) (gm) "Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

SB385,14 Section 14. 103.10 (1m) (b) 4. of the statutes is amended to read:

SB385,6,23 103.10 (1m) (b) 4. "Family member" means a spouse or domestic partner of an employee; a parent, child, sibling, including a foster sibling, brother-in-law, sister-in-law, grandparent, stepgrandparent, or grandchild of an employee or of an employee's spouse or domestic partner; or any other person who is related by blood, marriage, or adoption to an employee or to an employee's spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the person the equivalent of a family member of the employee, spouse, or domestic partner.

SB385,15 Section 15. 103.10 (3) (a) 1. of the statutes is amended to read:

SB385,7,2 103.10 (3) (a) 1. In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1. and, 2., and 4.

SB385,16 Section 16. 103.10 (3) (b) 3. of the statutes is amended to read:

SB385,7,6 103.10 (3) (b) 3. To care for the employee's child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

SB385,17 Section 17. 103.10 (3) (b) 4. of the statutes is created to read:

SB385,7,11 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

SB385,18 Section 18. 103.10 (6) (b) (intro.) of the statutes is amended to read:

SB385,7,17 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

SB385,19 Section 19. 103.10 (6) (b) 1. of the statutes is amended to read:

SB385,7,22 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee.

SB385,20 Section 20. 103.10 (6) (c) of the statutes is created to read:

SB385,8,3 103.10 (6) (c) If the employee intends to take leave under sub. (3) (b) 4. that is foreseeable because the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling 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.

SB385,21 Section 21. 103.10 (7) (a) of the statutes is amended to read:

SB385,8,9 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave, 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, grandparent, grandchild, sibling, or employee, whichever is appropriate.

SB385,22 Section 22. 103.10 (7) (b) (intro.) of the statutes is amended to read:

SB385,8,12 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

SB385,23 Section 23. 103.10 (7) (b) 1. of the statutes is amended to read:

SB385,8,15 103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee has a serious health condition.

SB385,24 Section 24. 103.10 (7) (d) of the statutes is created to read:

SB385,8,23 103.10 (7) (d) If an employee requests leave under sub. (3) (b) 4., the employer may require the employee to provide certification that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling 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.

SB385,25 Section 25. 103.10 (12) (c) of the statutes is amended to read:

SB385,9,7 103.10 (12) (c) If 2 or more health care providers disagree about any of the information required to be certified under sub. (7) (b), the department may appoint another health care provider to examine the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee and render an opinion as soon as possible. The department shall promptly notify the employee and the employer of the appointment. The employer and the employee shall each pay 50% 50 percent of the cost of the examination and opinion.

SB385,26 Section 26. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).

SB385,27 Section 27. 103.10 (14) (b) of the statutes is repealed.

SB385,28 Section 28. 103.11 of the statutes is created to read:

SB385,9,12 103.11 Family and medical leave insurance program. (1) Definitions. In this section:

SB385,9,15 (a) "Application year" means the 12-month period beginning on the first day of the first calendar week for which family or medical leave insurance benefits are claimed by a covered individual.

SB385,9,17 (b) "Average weekly earnings" means the average weekly earnings of a covered individual as calculated under s. 102.11 (1) (a) to (e).

SB385,9,18 (c) "Child" means a natural, adopted, or foster child, a stepchild, or a legal ward.

SB385,9,23 (d) "Covered individual" means an individual who worked for an employer for at least 680 hours in the calendar year prior to the individual's application year or a self-employed individual who elects coverage under sub. (2) (b), regardless of whether the individual is employed or unemployed at the time the individual files an application for family or medical leave insurance benefits.

SB385,9,24 (e) "Domestic partner" has the meaning given in s. 40.02 (21c) or 770.01 (1).

SB385,10,3 (f) "Employee" means an individual employed in this state by an employer, except the employer's child, spouse, domestic partner, parent, grandparent, grandchild, or sibling.

SB385,10,8 (g) "Employer" means a person engaging in any activity, enterprise, or business in this state. "Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

SB385,10,10 (h) "Family leave" means leave from employment, self-employment, or availability for employment for a reason specified in s. 103.10 (3) (b) 1., 2., 3., or 4.

SB385,10,13 (i) "Family or medical leave insurance benefits" means family or medical leave insurance benefits payable under this section from the family and medical leave insurance trust fund.

SB385,10,14 (j) "Grandchild" means the child of a child.

SB385,10,15 (k) "Grandparent" means the parent of a parent.

SB385,10,22 (L) "Medical leave" means leave from employment when a covered individual has a serious health condition that makes the individual unable to perform his or her employment duties, leave from self-employment when a covered individual has a serious health condition that makes the individual unable to perform the duties of his or her self-employment, or leave from availability for employment when a covered individual has a serious health condition that makes the individual unable to perform the duties of any suitable employment.

SB385,10,25 (m) "Parent" means a natural parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee's spouse or domestic partner.

SB385,11,1 (n) "Serious health condition" has the meaning given in s. 103.10 (1) (g).

SB385,11,3 (o) "Sibling" means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

SB385,11,4 (p) "Spouse" means an employee's legal husband or wife.

SB385,11,7 (q) "State annual median wage" means the median hourly wage for all occupations in this state, as determined by the bureau of labor statistics of the U.S. department of labor, multiplied by 2,080.

SB385,11,9 (r) "Waiting period" means the period under sub. (4) (b) 1. for which no family or medical leave insurance benefits are payable.

SB385,11,16 (2) Eligibility for benefits. (a) A covered individual who is on family or medical leave is eligible to receive family or medical leave insurance benefits in the amount specified in sub. (3) and for the duration specified in sub. (4). No family or medical leave insurance benefits are payable for any period of family or medical leave for which a covered individual is substituting paid leave of any other type provided by his or her employer or for which a covered individual is receiving unemployment benefits under ch. 108 or worker's compensation benefits under ch. 102.

SB385,12,5 (b) Any sole proprietor, partner of a partnership, member of a limited liability company, or other self-employed individual engaged in a vocation, profession, or business in this state on a substantially full-time basis may elect to be covered under this section by filing a written notice of election with the department in a form and manner prescribed by the department by rule. An initial election under this paragraph becomes effective on the date on which the notice of election is filed, shall be for a period of not less than 3 years, and may be renewed for subsequent one-year periods by the filing of a written notice with the department that the self-employed individual intends to continue his or her coverage under this section. A self-employed individual that elects coverage under this section may withdraw that election no earlier than 3 years after the date of the initial election or at such other times as the department may prescribe by rule by providing notice of that withdrawal to the department not less than 30 days before the expiration date of the election.

SB385,12,16 (c) To receive family or medical leave insurance benefits, a covered individual shall file a claim for those benefits within such time and in such manner as the department may prescribe by rule. On receipt of a claim for family or medical leave insurance benefits, the department may request from the claimant's employer such information as may be necessary for the department to determine the claimant's eligibility for those benefits and the amount and duration of those benefits, and the employer shall provide that information to the department within such time and in such manner as the department may prescribe by rule. If the department determines that a claimant is eligible to receive family or medical leave insurance benefits, the department shall provide those benefits to the claimant as provided in subs. (3) to (5).

SB385,12,19 (3) Amount of benefits. (a) Subject to par. (b), the amount of family or medical leave insurance benefits for a week of leave for which those benefits are payable is as follows: