The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB424,1
1Section
1. 103.10 (title) of the statutes is amended to read:
SB424,2,2
2103.10 (title)
Family or, medical, and organ donation leave.
SB424,2
3Section
2. 103.10 (1) (er) of the statutes is created to read:
SB424,2,54
103.10
(1) (er) "Organ" has the meaning given for "human organ" in s. 230.35
5(2d) (a) 2.
SB424,3
1Section
3. 103.10 (1m) (title) of the statutes is amended to read:
SB424,3,32
103.10
(1m) (title)
Statewide Family and medical leave; statewide concern;
3uniformity.
SB424,4
4Section
4. 103.10 (1m) (a) of the statutes is amended to read:
SB424,3,135
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.
SB424,5
14Section
5. 103.10 (1m) (d) of the statutes is renumbered 103.10 (1m) (d) (intro.)
15and amended to read:
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103.10
(1m) (d) (intro.) This subsection does not affect an ordinance affecting
17leave any of the following:
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181. Leave from employment of an employee of a city, village, town, or county.
SB424,6
19Section
6. 103.10 (1m) (d) 2. of the statutes is created to read:
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103.10
(1m) (d) 2. Organ donation leave.
SB424,7
21Section
7. 103.10 (2) (a) of the statutes is amended to read:
SB424,3,2522
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.
SB424,8
1Section
8. 103.10 (2) (c) of the statutes is amended to read:
SB424,4,52
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.
SB424,9
6Section
9. 103.10 (2) (d) of the statutes is created to read:
SB424,4,97
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.
SB424,10
10Section
10. 103.10 (4m) of the statutes is created to read:
SB424,4,1611
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.
SB424,11
17Section
11. 103.10 (5) (a) of the statutes is amended to read:
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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.
SB424,12
20Section
12. 103.10 (5) (b) of the statutes is amended to read:
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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.
SB424,13
24Section
13. 103.10 (6) (c) of the statutes is created to read:
SB424,5,2
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:
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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.
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2. Give the employer advance notice of the organ donation in a reasonable and
7practicable manner.
SB424,14
8Section 14. 103.10 (8) (a) (intro.) of the statutes is amended to read:
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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:
SB424,15
12Section 15. 103.10 (8) (a) 1. of the statutes is amended to read:
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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.
SB424,16
16Section 16. 103.10 (8) (a) 2. of the statutes is amended to read:
SB424,5,2117
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.
SB424,17
22Section 17. 103.10 (8) (b) of the statutes is amended to read:
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103.10
(8) (b) No employer may, because an employee received family leave
or, 24medical leave
, or organ donation leave, reduce or deny an employment benefit
which
1that accrued to the employee before his or her leave began or, consistent with sub.
2(9), accrued after his or her leave began.
SB424,18
3Section 18. 103.10 (8) (c) of the statutes is amended to read:
SB424,6,84
103.10
(8) (c) Notwithstanding par. (a), if an employee on
a family leave, 5medical
or family leave, or organ donation leave wishes to return to work before the
6end of the leave as scheduled, the employer shall place the employee in an
7employment position of the type described in par. (a) 1. or 2. within a reasonable time
8not exceeding the duration of the leave as scheduled.
SB424,19
9Section 19. 103.10 (9) (a) of the statutes is amended to read:
SB424,6,1510
103.10
(9) (a) Except as provided in par. (b), nothing in this section entitles a
11returning employee to a right, employment benefit
, or employment position to which
12the employee would not have been entitled had he or she not taken family leave
or, 13medical leave
, or organ donation leave or to the accrual of any seniority or
14employment benefit during a period of family leave
or
, medical leave
, or organ
15donation leave.
SB424,20
16Section 20. 103.10 (9) (b) of the statutes is amended to read:
SB424,6,2417
103.10
(9) (b) Subject to par. (c), during a period an employee takes family leave
18or, medical leave
, or organ donation leave, his or her employer shall maintain group
19health insurance coverage under the conditions that applied immediately before the
20family leave
or, medical leave
, or organ donation leave began. If the employee
21continues making any contribution required for participation in the group health
22insurance plan, the employer shall continue making group health insurance
23premium contributions as if the employee had not taken the family leave
or, medical
24leave
, or organ donation leave.
SB424,21
25Section 21. 103.10 (9) (c) 4. of the statutes is amended to read:
SB424,7,6
1103.10
(9) (c) 4. If an employee ends his or her employment with an employer
2during or within 30 days after a period of family leave
or
, medical leave
, or organ
3donation leave, the employer may deduct from the amount returned to the employee
4under subd. 3. any premium or similar expense paid by the employer for the
5employee's group health insurance coverage while the employee was on family leave
6or, medical leave
, or organ donation leave.
SB424,22
7Section 22. 103.10 (9) (d) of the statutes is amended to read:
SB424,7,128
103.10
(9) (d) If an employee ends his or her employment with an employer
9during or at the end of a period of family leave
or, medical leave
, or organ donation
10leave, the
time period for conversion to individual coverage under s. 632.897 (6) shall
11be calculated as beginning on the day
that on which the employee began the period
12of family leave
or, medical leave
, or organ donation leave.
SB424,23
13Section 23. 103.10 (10) of the statutes is amended to read:
SB424,7,1814
103.10
(10) Alternative employment. Nothing in this section prohibits an
15employer and an employee with a serious health condition from mutually agreeing
16to alternative employment for the employee while the serious health condition lasts.
17No period of alternative employment, with the same employer, reduces the
18employee's right to family leave
or, medical leave
, or organ donation leave.
SB424,24
19Section 24. 103.10 (12) (d) of the statutes is amended to read:
SB424,8,220
103.10
(12) (d) The department shall issue its decision and order within 30 days
21after the hearing. If the department finds that an employer violated sub. (11) (a) or
22(b), it may order the employer to take action to remedy the violation, including
23providing
the requested family leave
or
, medical leave
, or organ donation leave,
24reinstating an employee, providing back pay accrued not more than 2 years before
1the complaint was filed
, and paying reasonable actual attorney fees to the
2complainant.
SB424,25
3Section 25. 103.10 (14) (b) of the statutes is amended to read:
SB424,8,74
103.10
(14) (b) Any person employing at least 25 individuals shall post, in one
5or more conspicuous places where notices to employees are customarily posted, a
6notice describing the person's policy with respect to leave for the reasons described
7in subs. (3) (b)
and, (4) (a)
, and (4m).
SB424,30
8Section 30. 893.96 (title) of the statutes is repealed and recreated to read:
SB424,8,9
9893.96 (title)
Family, medical, and organ donation leave; civil remedies.
SB424,31
10Section 31.
Initial applicability.
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(1) This act first applies to an employee, as defined in section 103.10 (1) (b) of
12the statutes, who is affected by a collective bargaining agreement that contains
13provisions that are inconsistent with this act on the day on which the collective
14bargaining agreement expires or is extended, modified, or renewed, whichever
15occurs first.
SB424,8,1817
(1) This act takes effect on the first day of the 3rd month beginning after
18publication.