LRB-1999/1
JAM:klm
2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representative Bowen. Referred to Committee on
Rules.
AB1196,1,2
1An Act to amend 103.10 (3) (a) 1.; and
to create 103.10 (3) (b) 1m. and 103.10
2(7) (d) of the statutes;
relating to: family leave after miscarriage or stillbirth.
Analysis by the Legislative Reference Bureau
This bill permits employees covered by the state's family and medical leave law
to use family leave if the employee's natural child is miscarried or stillborn.
Under the current state family and medical leave law, an employer that
employs at least 50 individuals on a permanent basis must permit 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 weeks to
take family leave to care for a child, spouse, domestic partner, or parent of the
employee who has a serious health condition and to take up to six weeks of family
leave following the birth or adoption of a child, if the leave begins within 16 weeks
of the birth or adoption. This bill permits a covered employee to take up to six weeks
of family leave if the employee's natural child is miscarried or stillborn, if the leave
begins within 16 weeks of the miscarriage or stillbirth.
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:
AB1196,1
3Section
1. 103.10 (3) (a) 1. of the statutes is amended to read:
AB1196,2,2
1103.10
(3) (a) 1. In a 12-month period no employee may take more than 6 weeks
2of family leave under par. (b) 1.
, 1m., and 2.
AB1196,2
3Section
2. 103.10 (3) (b) 1m. of the statutes is created to read:
AB1196,2,54
103.10
(3) (b) 1m. The miscarriage or stillbirth of the employee's natural child,
5if the leave begins within 16 weeks of the miscarriage or stillbirth.
AB1196,3
6Section
3. 103.10 (7) (d) of the statutes is created to read:
AB1196,2,107
103.10
(7) (d) If the employee requests family leave under sub. (3) (b) 1m., the
8employer may require the employee to provide certification issued by a health care
9provider or Christian Science practitioner. No employer may require certification
10under this paragraph stating more than the following:
AB1196,2,1111
1. That the employee's natural child was miscarried or stillborn.
AB1196,2,1212
2. The date of the miscarriage or stillbirth of the employee's natural child.
