AB858: Bill Text

2017 - 2018 LEGISLATURE

2017 Assembly BILL 858

January 19, 2018 - Introduced by Representatives Pope, Sargent, Hebl, Kolste, Ohnstad, Berceau, Subeck, Hesselbein, Vruwink, C. Taylor, Sinicki, Anderson, Spreitzer, Brostoff and Zepnick, cosponsored by Senators Ringhand, Johnson, Carpenter and Miller. Referred to Committee on Labor.

AB858,1,9 An Act to renumber and amend 103.10 (1m) (e) and 103.10 (5) (b); to amend 103.10 (title), 103.10 (1m) (a), 103.10 (2) (a), 103.10 (5) (a), 103.10 (7) (title), 103.10 (7) (b) (intro.), 103.10 (8) (a) (intro.), 103.10 (8) (a) 1., 103.10 (8) (a) 2., 103.10 (8) (b), 103.10 (8) (c), 103.10 (9) (a), 103.10 (9) (b), 103.10 (9) (c) 4., 103.10 (9) (d), 103.10 (10), 103.10 (12) (d), 103.10 (14) (b), 111.91 (2) (f), 230.35 (2m) and 253.10 (3) (d) 1.; to repeal and recreate 893.96 (title); and to create 103.10 (1) (fr), 103.10 (1m) (c) 5., 103.10 (1m) (e) 2., 103.10 (4m), 103.10 (5) (b) 2., 103.10 (6) (c) and 103.10 (7) (am) of the statutes; relating to: school conference and activities leave.

Analysis by the Legislative Reference Bureau

This bill allows certain employees to take leave from employment to attend school conferences and classroom activities for the employees' children.

Under current law, an employer, including the state, employing at least 50 individuals on a permanent basis in this state (employer) must allow 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 six weeks of family leave in a 12-month period and 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 so that it does not unduly disrupt the operations of the employer. 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.

The bill allows an employee of an employer to take no more than 16 hours of school conference and activities leave in a 12-month period. School conference and activities leave may be taken to attend school conferences or classroom activities relating to the employee's child that cannot be scheduled during nonworking hours or to observe and monitor the child care, preschool, or prekindergarten services or programming received by an employee's child, if that observation and monitoring cannot be scheduled during nonworking hours. School conference and activities leave, however, may not be taken for the purpose of accompanying an outing or field trip of a school or nonprofit organization.

An employee is not entitled to receive wages or salary while taking school conference and activities leave, but may substitute, for portions of that leave, other types of paid or unpaid leave provided by the employer, except that an employee may not substitute paid leave for that leave for attending a school conference or activity for less than one hour. An employee who intends to take leave to attend a school conference or activity must give the employer advance notice of the conference or activity and must make a reasonable effort to schedule the conference or activity so that the conference or activity does not unduly disrupt the operations of the employer. When an employee returns from school conference and activities leave, the employer may require the employee to provide, in a reasonable and practicable manner, documentation from the employee's child's school stating no more than that the employee was attending a school conference or classroom activity or was observing and monitoring child care, preschool, or prekindergarten services and programming during the period of that leave.

For purposes of the bill, “school" means a child care center licensed by the Department of Children and Families, a child care provider certified for funding by a county department of human services or social services, a child care program established or contracted for by a school board, a public or private preschool or prekindergarten, or a public or private school that provides an educational program for one or more grades between kindergarten and 12.

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:

AB858,1 Section 1 . 103.10 (title) of the statutes is amended to read:

AB858,3,3 103.10 (title) Family or , medical, and school conference and activities leave.

AB858,2 Section 2 . 103.10 (1) (fr) of the statutes is created to read:

AB858,3,9 103.10 (1) (fr) “School" means a child care provider, as defined in s. 49.001 (1), a public or private preschool or prekindergarten, or a public or private school that provides an educational program for one or more grades between kindergarten and 12 and that is commonly known as a kindergarten, elementary school, middle school, junior high school, senior high school, or high school.

AB858,3 Section 3 . 103.10 (1m) (a) of the statutes is amended to read:

AB858,3,19 103.10 (1m) (a) The legislature finds that the provision of family and, medical, and school conference and activities leave that is uniform throughout the state is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county that requires employers to provide employees with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing family and , medical, and school conference and activities leave that is uniform throughout the state.

AB858,4 Section 4 . 103.10 (1m) (c) 5. of the statutes is created to read:

AB858,4,3 103.10 (1m) (c) 5. To attend a school conference or classroom activity relating to the employee's child or to observe or monitor a service or programming provided to the employee's child by a school.

AB858,5 Section 5 . 103.10 (1m) (e) of the statutes is renumbered 103.10 (1m) (e) 1. and amended to read:

AB858,4,8 103.10 (1m) (e) 1. Any city, village, town, or county ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) 1. to 4. that is in effect on May 20, 2011, is void.

AB858,6 Section 6 . 103.10 (1m) (e) 2. of the statutes is created to read:

AB858,4,13 103.10 (1m) (e) 2. Any city, village, town, or county ordinance requiring an employer to provide an employee with leave from employment, paid or unpaid, for any of the reasons specified in par. (c) 5. that is in effect on the effective date of this subdivision .... [LRB inserts date], is void.

AB858,7 Section 7 . 103.10 (2) (a) of the statutes is amended to read:

AB858,4,18 103.10 (2) (a) Nothing in this section prohibits an employer from providing employees with rights to family leave or, medical leave which, or school conference and activities leave that are more generous to the employee than the rights provided under this section.

AB858,8 Section 8 . 103.10 (4m) of the statutes is created to read:

AB858,5,4 103.10 (4m) School conference and activities leave. Subject to sub. (6) (c), an employee may take no more than 16 hours of school conference and activities leave in a 12-month period for the purpose of attending school conferences or classroom activities relating to the employee's child that cannot be scheduled during nonwork hours or of observing and monitoring the services or programming provided to the employee's child by a child care provider, as defined in s. 49.001 (1), or a public or private preschool or prekindergarten, if that observation and monitoring cannot be scheduled during nonwork hours. An employee may not use the school conference and activities leave provided under this subsection for the purpose of accompanying an outing or field trip of a school or nonprofit organization.

AB858,9 Section 9 . 103.10 (5) (a) of the statutes is amended to read:

AB858,5,8 103.10 (5) (a) This section does not entitle an employee to receive wages or salary while taking family leave or, medical leave, or school conference and activities leave.

AB858,10 Section 10 . 103.10 (5) (b) of the statutes is renumbered 103.10 (5) (b) 1. and amended to read:

AB858,5,13 103.10 (5) (b) 1. An Subject to subd. 2., an employee may substitute, for portions of family leave or, medical leave , or school conference and activities leave, paid or unpaid leave of any other type provided by the employer.

AB858,11 Section 11 . 103.10 (5) (b) 2. of the statutes is created to read:

AB858,5,17 103.10 (5) (b) 2. An employee may not substitute paid leave for school conference and activities leave for attending a school conference or activity for less than one hour.

AB858,12 Section 12 . 103.10 (6) (c) of the statutes is created to read:

AB858,5,21 103.10 (6) (c) If an employee intends to take leave under sub. (4m) for the purpose of attending a school conference or classroom activity or of observing and monitoring services or programming, the employee shall do all of the following:

AB858,5,23 1. Make a reasonable effort to schedule the conference, activity, or observation and monitoring so that it does not unduly disrupt the employer's operations.

AB858,5,25 2. Give the employer advance notice of the conference, activity, or observation and monitoring in a reasonable and practicable manner.

AB858,11 Section 11. 103.10 (7) (title) of the statutes is amended to read:

AB858,6,2 103.10 (7) (title) Certification ; documentation.

AB858,12 Section 12. 103.10 (7) (am) of the statutes is created to read:

AB858,6,9 103.10 (7) (am) When an employee returns from school conference and activities leave, the employer may require the employee to provide, in a reasonable and practicable manner, documentation from the employee's child's school stating no more than that the employee was attending a school conference or classroom activity or was observing and monitoring child care, preschool, or prekindergarten services and programming, as described in sub. (4m), during the period of that leave.

AB858,13 Section 13. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB858,6,12 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following:

AB858,14 Section 14. 103.10 (8) (a) (intro.) of the statutes is amended to read:

AB858,6,17 103.10 (8) (a) (intro.) Subject to par. (c), when an employee returns from family leave or, medical leave, his or her or school conference and activities leave, the employee's employer shall immediately place the employee in an employment position as follows:

AB858,15 Section 15. 103.10 (8) (a) 1. of the statutes is amended to read:

AB858,6,21 103.10 (8) (a) 1. If the employment position which that the employee held immediately before the family leave or, medical leave, or school conference and activities leave began is vacant when the employee returns, in that position.

AB858,16 Section 16. 103.10 (8) (a) 2. of the statutes is amended to read:

AB858,7,2 103.10 (8) (a) 2. If the employment position which that the employee held immediately before the family leave or, medical leave, or school conference and activities leave began is not vacant when the employee returns, in an equivalent employment position having equivalent compensation, benefits, working shift, hours of employment, and other terms and conditions of employment.

AB858,17 Section 17. 103.10 (8) (b) of the statutes is amended to read:

AB858,7,8 103.10 (8) (b) No employer may, because an employee received family leave or, medical leave, or school conference and activities leave, reduce or deny an employment benefit which that accrued to the employee before his or her the employee's leave began or, consistent with sub. (9), accrued after his or her the employee's leave began.

AB858,18 Section 18. 103.10 (8) (c) of the statutes is amended to read:

AB858,7,14 103.10 (8) (c) Notwithstanding par. (a), if an employee on a family, medical or family, or school conference and activities leave wishes to return to work before the end of the leave as scheduled, the employer shall place the employee in an employment position of the type described in par. (a) 1. or 2. within a reasonable time not exceeding the duration of the leave as scheduled.

AB858,19 Section 19. 103.10 (9) (a) of the statutes is amended to read:

AB858,7,21 103.10 (9) (a) Except as provided in par. (b), nothing in this section entitles a returning employee to a right, employment benefit, or employment position to which the employee would not have been entitled had he or she the employee not taken family leave or, medical leave , or school conference and activities leave or to the accrual of any seniority or employment benefit during a period of family leave or, medical leave, or school conference and activities leave.

AB858,20 Section 20. 103.10 (9) (b) of the statutes is amended to read:

AB858,8,6 103.10 (9) (b) Subject to par. (c), during a period an employee takes family leave or, medical leave, his or her or school conference and activities leave, the employee's employer shall maintain group health insurance coverage under the conditions that applied immediately before the family leave or , medical leave, or school conference and activities leave began. If the employee continues making any contribution required for participation in the group health insurance plan, the employer shall continue making group health insurance premium contributions as if the employee had not taken the family leave or, medical leave, or school conference and activities leave.

AB858,21 Section 21. 103.10 (9) (c) 4. of the statutes is amended to read:

AB858,8,13 103.10 (9) (c) 4. If an employee ends his or her the employee's employment with an employer during or within 30 days after a period of family leave or, medical leave, or school conference and activities leave, the employer may deduct from the amount returned to the employee under subd. 3. any premium or similar expense paid by the employer for the employee's group health insurance coverage while the employee was on family leave or, medical leave, or school conference and activities leave.

AB858,22 Section 22. 103.10 (9) (d) of the statutes is amended to read:

AB858,8,20 103.10 (9) (d) If an employee ends his or her the employee's employment with an employer during or at the end of a period of family leave or, medical leave, or school conference and activities leave, the time period for conversion to individual coverage under s. 632.897 (6) shall be calculated as beginning on the day that on which the employee began the period of family leave or, medical leave, or school conference and activities leave.

AB858,23 Section 23. 103.10 (10) of the statutes is amended to read:

AB858,9,2 103.10 (10) Alternative employment. Nothing in this section prohibits an employer and an employee with a serious health condition from mutually agreeing to alternative employment for the employee while the serious health condition lasts. No period of alternative employment, with the same employer, reduces the employee's right to family leave or, medical leave, or school conference and activities leave.

AB858,24 Section 24. 103.10 (12) (d) of the statutes is amended to read:

AB858,9,10 103.10 (12) (d) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it the department may order the employer to take action to remedy the violation, including providing the requested family leave or, medical leave, or school conference and activities 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.

AB858,25 Section 25. 103.10 (14) (b) of the statutes is amended to read:

AB858,9,15 103.10 (14) (b) Any person employing at least 25 individuals shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice describing the person's policy with respect to leave for the reasons described in subs. (3) (b) and, (4) (a), and (4m).

AB858,26 Section 26. 111.91 (2) (f) of the statutes is amended to read:

AB858,9,25 111.91 (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 school conference and activities leave rights below the minimum afforded under s. 103.10. 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 and on rights to school conference and activities leave that are more generous to the employee than the rights provided under s. 103.10.

AB858,28 Section 28. 230.35 (2m) of the statutes is amended to read:

AB858,10,7 230.35 (2m) An employee shall be is eligible for medical or family leave under s. 103.10 upon the expiration, extension, or renewal of any collective bargaining agreement in effect on April 26, 1988, which that covers the employee. An employee is eligible for school conference and activities leave under s. 103.10 upon the expiration, extension, or renewal of any collective bargaining agreement in effect on the effective date of this subsection .... [LRB inserts date], that covers the employee.

AB858,29 Section 29. 253.10 (3) (d) 1. of the statutes is amended to read:

AB858,11,18 253.10 (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. ss. 49.47 (4) (am) and 49.471, the availability of family or , medical, and school conference and activities leave under s. 103.10, the Wisconsin works 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. The materials shall include information on the availability of perinatal hospice.

AB858,30 Section 30. 893.96 (title) of the statutes is repealed and recreated to read:

AB858,11,21 893.96 (title) Family, medical, and school conference and activities leave; civil remedies.

AB858,31 Section 31. Initial applicability.

AB858,12,2 (1) This act first applies to an employee, as defined in section 103.10 (1) (b) of the statutes, who is affected by a collective bargaining agreement that contains provisions that are inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB858,32 Section 32. Effective date.