AB286: Bill Text

AB286,17,9 (b) If the department pays family or medical leave insurance benefits erroneously or as a result of willful misrepresentation, the department may seek repayment of those benefits in the same manner that the department recovers erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22 (8), and 108.225. The department may waive recovery of an erroneous payment of family or medical leave insurance 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. 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 under this section, the individual is disqualified from receiving those benefits for one year after the date of the disqualification.

AB286,17,11 (9) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB286,17,16 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB286,18,5 (10) Enforcement. (a) Any person who believes that his or her rights under this section have been interfered with, restrained, or denied in violation of sub. (9) (a) or that he or she has been discharged or otherwise discriminated against in violation of sub. (9) (b) may, within 30 days after the violation occurs or the person should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation, and the department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that an employer has violated sub. (9) (a) or (b), the department may order the employer to take action to remedy the violation, including providing the requested family or medical 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. Section 111.322 (2m) applies to a discharge or other discriminatory act arising in connection with any proceeding under this paragraph.

AB286,18,10 (b) After the completion of an administrative proceeding under par. (a), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (9) (a) or (b). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB286,18,13 (11) Administration. The department shall administer the family and medical leave insurance program under this section. In administering that program, the department shall do all of the following:

AB286,18,15 (a) Establish procedures and forms for the filing of claims for benefits under this section.

AB286,18,19 (b) Promulgate rules to implement this section. Those rules shall maintain consistency with the regulations specified in 29 CFR Part 825 and the rules promulgated by the department to implement s. 103.10 to the extent that those regulations and rules do not conflict with this section.

AB286,18,24 (c) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section. Notwithstanding s. 19.35 (1), individual personal information maintained by the department under this section is confidential and not open to public inspection and copying and may be disclosed only as follows:

AB286,19,2 1. On the request of the individual who is the subject of the information or the individual's authorized representative, to the individual or representative.

AB286,19,5 2. With the written permission of the individual who is the subject of the information or the individual's authorized representative, to a person named in the permission.

AB286,19,7 3. To a public employee for use in the performance of the public employee's official duties.

AB286,19,10 4. Under a court order or an order of a hearing examiner that is obtained upon prior notice to the department and a showing to the court or hearing examiner that the information is relevant to a pending court or administrative action.

AB286,19,15 (d) Conduct a public outreach campaign to inform employers, employees, self-employed individuals, and other covered individuals regarding the family and medical leave insurance program under this section. Information provided under this paragraph shall be provided in English and in any other language customarily spoken by more than 20 percent of the population of this state.

AB286,19,22 (e) By September 1 of each year, submit a report to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) on the family and medical leave insurance program under this section. The report shall include the projected and actual rates of participation in the program, the premium rates for coverage under the program, the balance in the family and medical leave insurance trust fund under s. 25.52, and a description of the department's outreach efforts under par. (d).

AB286,20,2 (12) Notice posted. Each employer shall post, on its Internet site and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. Any employer that violates this subsection shall forfeit not more than $100 for each violation.

AB286,29 Section 29. 111.322 (2m) (a) of the statutes is amended to read:

AB286,20,7 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 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.

AB286,30 Section 30. 111.322 (2m) (b) of the statutes is amended to read:

AB286,20,12 111.322 (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, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 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.

AB286,31 Section 31. Nonstatutory provisions.

AB286,20,18 (1) Proposed permanent rules. The department of workforce development shall submit in proposed form the rules required under section 103.105 (11) (b) of the statutes to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this subsection.

AB286,20,19 (2) Rule-making exceptions for permanent rules.

AB286,20,23 (a) Notwithstanding section 227.135 (2) of the statutes, the department of workforce development is not required to present the statement of the scope of the rules required under section 103.105 (11) (b) of the statutes to the governor for approval.

AB286,21,3 (b) Notwithstanding section 227.185 of the statutes, the department of workforce development is not required to present the rules required under section 103.105 (11) (b) of the statutes in final draft form to the governor for approval.

AB286,21,6 (c) Notwithstanding section 227.137 (2) of the statutes, the department of workforce development is not required to prepare an economic impact analysis for the rules required under section 103.105 (11) (b) of the statutes.

AB286,21,11 (d) Notwithstanding sections 227.14 (2g) and 227.19 (3) (e) of the statutes, the department of workforce development is not required to submit the proposed rules required under section 103.105 (11) (b) of the statutes to the small business regulatory review board and is not required to prepare a final regulatory flexibility analysis for those rules.

AB286,21,24 (3) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of workforce development shall promulgate the rules required under section 103.105 (11) (b) of the statutes for the period before the effective date of the permanent rules promulgated under section 103.105 (11) (b) of the statutes but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is not required to prepare a statement of the scope of the rules promulgated under this subsection or present the rules to the governor for approval.

AB286,32 Section 32. Initial applicability.

AB286,22,3 (1) Family and medical leave insurance trust fund contributions. Except as provided in subsection (3), the treatment of section 103.105 (7) of the statutes first applies to wages earned on January 1, 2021.

AB286,22,8 (2) Family or medical leave insurance benefits eligibility. Except as provided in subsection (3), the treatment of section 103.105 (2) (a) and (c) of the statutes first applies to a period of family leave, as defined in section 103.105 (1) (h) of the statutes, or a period of medical leave, as defined in section 103.105 (1) (L) of the statutes, commencing on January 1, 2022.

AB286,22,12 (3) 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.

AB286,22,13 (End)