LRB-4392/1
MED:cdc
2021 - 2022 LEGISLATURE
September 10, 2021 - Introduced by Representatives Brooks, Gundrum, Knodl,
Allen, Armstrong, Callahan, Edming, Horlacher, Magnafici, Moses,
Plumer, Rozar, Schraa, Sortwell and Wichgers, cosponsored by Senators
Stroebel, Felzkowski and Nass. Referred to Committee on State Affairs.
AB542,1,4 1An Act to amend 108.04 (7) (h), 108.14 (8n) (e) and 108.141 (7) (a); and to create
2108.04 (5m) and 108.04 (7) (f) of the statutes; relating to: eligibility for
3unemployment insurance benefits in the case of an unwillingness to receive a
4vaccine.
Analysis by the Legislative Reference Bureau
Under current law, unless an exemption applies, if an individual quits his or her
job, the individual is generally ineligible to receive unemployment insurance (UI)
benefits until the individual earns wages or certain other amounts after the week in
which the individual quits equal to at least six times the individual's weekly UI
benefit rate. This bill creates an exemption for an individual who terminates his or
her work due to the employee's unwillingness, as a condition of continued
employment, to receive a vaccine against the SARS-CoV-2 coronavirus or furnish
proof of having done so.
Also under current law, an individual may be disqualified from receiving UI
benefits if he or she is terminated because of misconduct or substantial fault. The
bill specifically provides that an employee's unwillingness, as a condition of
continued employment, to receive a vaccine against the SARS-CoV-2 coronavirus
or furnish proof of having done so, does not constitute misconduct or substantial
fault.

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:
AB542,1 1Section 1 . 108.04 (5m) of the statutes is created to read:
AB542,2,62 108.04 (5m) Discharge cases of unwillingness to receive vaccine. (a)
3Notwithstanding sub. (5), “misconduct," for purposes of sub. (5), does not include the
4employee's unwillingness, as a condition of continued employment, to receive a
5vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19, or furnish
6proof of having done so.
AB542,2,107 (b) Notwithstanding sub. (5g), “substantial fault," for purposes of sub. (5g), does
8not include the employee's unwillingness, as a condition of continued employment,
9to receive a vaccine against the SARS-CoV-2 coronavirus, which causes COVID-19,
10or furnish proof of having done so.
AB542,2 11Section 2. 108.04 (7) (f) of the statutes is created to read:
AB542,2,1512 108.04 (7) (f) Paragraph (a) does not apply if the department determines that
13the employee terminated his or her work due to the employee's unwillingness, as a
14condition of continued employment, to receive a vaccine against the SARS-CoV-2
15coronavirus, which causes COVID-19, or furnish proof of having done so.
AB542,3 16Section 3. 108.04 (7) (h) of the statutes is amended to read:
AB542,2,2117 108.04 (7) (h) The department shall charge to the fund's balancing account
18benefits paid to an employee that are otherwise chargeable to the account of an
19employer that is subject to the contribution requirements of ss. 108.17 and 108.18
20if the employee voluntarily terminates employment with that employer and par. (a),
21(c), (cg), (e), (f), (L), (q), (s), or (t) applies.
AB542,4
1Section 4. 108.14 (8n) (e) of the statutes is amended to read:
AB542,3,152 108.14 (8n) (e) The department shall charge this state's share of any benefits
3paid under this subsection to the account of each employer by which the employee
4claiming benefits was employed in the applicable base period, in proportion to the
5total amount of wages he or she earned from each employer in the base period, except
6that if s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (f), (L), (q), (s), or (t), (7m) or (8) (a) or
7(b), 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) would have applied to employment
8by such an employer who is subject to the contribution requirements of ss. 108.17 and
9108.18, the department shall charge the share of benefits based on employment with
10that employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07
11(3) would have applied to an employer that is not subject to the contribution
12requirements of ss. 108.17 and 108.18, the department shall charge the share of
13benefits based on that employment in accordance with s. 108.07 (5) (am) 1. and 2.
14The department shall also charge the fund's balancing account with any other state's
15share of such benefits pending reimbursement by that state.
AB542,5 16Section 5. 108.141 (7) (a) of the statutes is amended to read:
AB542,3,2417 108.141 (7) (a) The department shall charge the state's share of each week of
18extended benefits to each employer's account in proportion to the employer's share
19of the total wages of the employee receiving the benefits in the employee's base
20period, except that if the employer is subject to the contribution requirements of ss.
21108.17 and 108.18 the department shall charge the share of extended benefits to
22which s. 108.04 (1) (f), (5), (7) (a), (c), (cg), (e), (f), (L), (q), (s), or (t), (7m) or (8) (a) or
23(b), 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) applies to the fund's balancing
24account.
AB542,6 25Section 6. Initial applicability.
AB542,4,3
1(1) The treatment of ss. 108.04 (5m), (7) (f) and (h), 108.14 (8n) (e), and 108.141
2(7) (a) first applies to determinations issued under s. 108.09 on the effective date of
3this subsection.
AB542,7 4Section 7. Effective date.
AB542,4,55 (1) This act takes effect on the Sunday after publication.
AB542,4,66 (End)
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